Civil Law

On icy ground: Kamila Valieva and the challenge of pleading “no fault or negligence” in anti-doping cases

Introduction

On 21 February 2023, the World Anti-Doping Agency (“WADA”) issued a statement confirming that it was appealing the decision of the disciplinary tribunal of the Russian Anti-Doping Agency (“RUSADA”) in the case of Kamila Valieva to the Court of Arbitration for Sport (“CAS”). Although the full decision has not been published, the RUSADA tribunal found that the teenage figure skater bore ‘no fault or negligence’ (“NFON”) in testing positive for a … Read the rest

Civil Law

Judge Nealon of Lackawanna County Notes That Direct and Vicarious Theories May Be Pursued Against Employer For Negligence by Employee

Judge Nealon of Lackawanna County Notes That Direct and Vicarious Theories May Be Pursued Against Employer For Negligence by Employee

In the motor vehicle accident case of Shaver v. Levelle, No. 21-CV-2465 (C.P. Lacka. Co. May 26, 2022 Nealon, J.), the defendant-motorist’s employer filed preliminary objections seeking to dismiss plaintiff’s claims for negligent entrustment, hiring, and training as legally insufficient since the motorist admitted that he was an employee of the employer at the time of the accident. 

Judge Nealon reviewed the law on this issue in detail and noted that several federal district courts and at least one common
… Read the rest