Soriano is liable for €210,000 for conducting a clinical trial without approval from the Spanish Agency for Medicines and Health Products, failing to obtain insurance for the trial, and informing participants he had his hospital's ethical approval when he did not, according to the ruling, which was published 14 January.
The employer must be directly or vicariously (an agency concept such as conduct by a supervisor) liable for the conduct.
The Federal District Court in San Francisco ruled that Amtrak could not be liable for any conduct more than 300 days before the filing of the suit.
The student, now aged in her 20s, was awarded compensation by judge John Rush who found the Elsternwick school was both "directly and vicariously liable for the conduct of Ms Leifer".
Clearly, if a supermarket had hired drunken guards who shot at innocent passers-by, it would be liable for the conduct of its employees, and may even be put out of business by a large verdict.
But because the man didn't have hiring or firing authority over Beasley, the employer claimed that the man wasn't a supervisor and thus the employer wasn't liable for his conduct.
The practical effect of upholding that broad sweep would be to hold the press liable for the conduct of its sources, a damaging departure from traditional legal and journalistic principles that allow the press to publish material its members obtain legally while holding the sources responsible for any illegalities they may have committed.
Among the rulings were that the church could be held liable for the conduct of one member against another, and that the plaintiff could argue that the abuser was a clergyman because he held the title of high priest, which the church describes as a common lay designation.
Since the teacher, Linda Baisi, also a former nun, has failed to appear in court or dispute the allegations, the trial is focusing on whether the St. Frances de Chantal School and the Roman Catholic Archdiocese of New York are liable for her conduct.
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