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Thursday, July 16, 2009
Courts - "One Rogue Worker Can Take an Entire Company Down: The courts are taking an uncompromising approach to respondent superior"
That is the title of a long article today by Stanley A. Twardy Jr. and Daniel E. Wenner in The National Law Journal. It begins:
In January, the 2nd U.S. Circuit Court of Appeals affirmed the conviction of Ionia Management S.A. for the criminal acts of its nonmanagement employees. U.S. v. Ionia Mgmt. S.A., 555 F.3d 303 (2d Cir. 2009). What set this appeal apart was that Ionia, along with several amici curiae, including the Association of Corporate Counsel and the U.S. Chamber of Commerce, argued that the court should revisit its long-standing rule that a company can be held criminally liable for any criminal acts of even its low-level employees. Although the court of appeals found that argument "unavailing," this case has sparked a review of the appropriateness of respondent superior criminal liability.
Posted by Marcia Oddi on July 16, 2009 09:46 AM
Posted to Courts in general