Caution urged to plaintiffs

Remember the employee who claimed she was gang raped in Iraq? Privious posts about the case are here. Last month she lost on all claims that were permitted to go before a jury. Now the defendants are suing her for their attorneys fees claiming her suit was "frivolous, unreasonable and groundless." Before you pass judgment on this one read the defendants' request for attorney fees. If the allegations are true, then fees may well be appropriate.

Fifth Circuit rejects arbitration of claims arising out of an employee's alleged rape in Iraq

A Halliburton employee allegedly gang raped in Iraq by co-workers raised assault and battery, intentional infliction, negligent hiring/retention and false imprisonment claims against her employer. The employee's employment agreement required arbitration of claims "related to you employment and "personal injury claims arising in the workplace. The Fifth Circuit affirmed a district Court's refusal to compel arbitration of her claims for (1) assault and battery; (2) intentional infliction of emotional distress arising out of the alleged assault; (3) negligent hiring, retention, and supervision of employees involved in the alleged assault; and (4) false imprisonment.  More after the jump