Honest question can ESPN taking sides and not reporting facts be used for a law suit against them? And if so can we as alumni sue since this story has devalued our diplomas? I would love to take ESPN down.
Sorry guys I have been super busy today and this is the first time I have checked the board since 7:30ish. Yes, ESPN can be sued for slander or Intentional /Negligent infliction of emotional distress under respondent superior you are responsible for any torts your employees commit. I have been doing some research and plan on starting a draft and sending to Bernie or somebody in the SU offense once he gets cleared. I hope he sues Schwarz personally.
An employer is liable for torts committed by his
employees while acting in the scope of their employment; however, they are not liable for torts committed by
independent contractors unless the independent contractor was subject to the employer’s control,
Employer-Employee Relationship Creation: An employer-employee relationship exists when the employee has agreed
to
work on behalf of your employer Schwarz works on behalf of ESPN; and to be subject to the master’s
control or right to control the
physical conduct of the servant.
Scope of Employment: Conduct of a employee is within the scope of employment ifThe actions were taken with the
purpose of serving the company interests; oran employee acts in a foreseeable manner for which the employer could have taken reasonable preventive measures but failed to do so, the employer is liable for the employee’s actions.
Liability For Actions Out of the Scope of Employment- The employee is not liable unless
The employee intended the conduct; or the employee was negligent or reckless; or the conduct violated a non-delegable duty of the employee; or The servant purported to act on behalf of the master and there was
reliance upon
apparent authority.