Represented Valiant Global Defense Services, Inc. in a federal employment tort action in the U.S. District Court for the Western District of Louisiana. The court granted Valiant’s Rule 12(b)(6) motion to dismiss, holding that the plaintiff failed to plausibly allege facts establishing employer vicarious liability for a supervisor’s alleged intentional conduct — specifically, an allegation that a supervisor kicked a subordinate employee, resulting in a claimed ACL tear. The court reaffirmed that, under Louisiana law, an employer is not liable for an employee’s intentional tort absent plausible allegations that the conduct occurred within the course and scope of employment and constituted a foreseeable risk attributable to the employer’s business. The complaint was dismissed in its entirety.
Represented Valiant Global Defense Services, Inc. in a federal employment tort action in the U.S. District Court for the Western District of Louisiana. The court granted Valiant’s Rule 12(b)(6) motion to dismiss, holding that the plaintiff failed to plausibly allege facts establishing employer vicarious liability for a supervisor’s alleged intentional conduct — specifically, an allegation that a supervisor kicked a subordinate employee, resulting in a claimed ACL tear. The court reaffirmed that, under Louisiana law, an employer is not liable for an employee’s intentional tort absent plausible allegations that the conduct occurred within the course and scope of employment and constituted a foreseeable risk attributable to the employer’s business. The complaint was dismissed in its entirety.
