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The 'Going and Coming' Rule
Under the “going and coming rule,” an accident that occurs off the employer's premises while an employee is going to or coming from work does not arise out of and in the course of employment. An employee's trip to and from work is a product of one's decision where to live, in which the employer has no interest. An injury that occurs while traveling to and from work is a consequence of risks or hazards to which all members of the traveling public are exposed. Those risks are not germane to the employer's work or business.
However, a traveling employee whose work involves travel away from the employer's premises is considered to be within the scope of employment, unless there is a distinct deviation so substantial that the employee abandons the job. A deviation may occur when an employee engages in a personal activity.
Although the “traveling employee” exception is strictly limited to workers' compensation cases, it has been widely applied to many cases that the exception has evolved into its own rule. The traveling employee doctrine has vast applications beyond workers' compensation law, and the same principles may be applied in other liability or coverage contexts. For instance, general liability policies exclude coverage for damages or injuries that occur in the course of employment. Courts may look to rules and key factors established in workers' compensation case law to interpret similar policy language. The precedent set may have an extended effect in insurance law.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.