Joint Employer Liability: Notes from Australia

SAMUEL ESTREICHER, NICHOLAS SAADY

NYU law professor Samuel Estreicher and Nicholas Saady, LLM, conduct a comparative analysis of the doctrine of joint employer liability, looking at the rules adopted by the U.S. Department of Labor and National Labor Relations Board as compared to the approach Australia has taken in an analogous context, “accessorial liability” doctrine.

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Adeli v. Silverstar Automotive

Dockets: 19-1481, 19-1602

Opinion Date: May 21, 2020

Judge: Grasz

Areas of Law: Consumer Law

Plaintiff filed suit against Silverstar, alleging that it intentionally misrepresented the condition of the used Ferrari it sold him. A jury awarded plaintiff $20,201 in compensatory and incidental damages and $5.8 million in punitive damages on his claims for fraud, breach of express warranty, and deceptive trade practices under Arkansas law. The district court subsequently denied Silverstar's renewed motion for judgment as a matter of law but partially granted its motion to alter or amend the judgment, reducing the jury's punitive damages award to $500,000. The Eighth Circuit affirmed, holding that the evidence was sufficient to establish justifiable reliance on Silverstar's misrepresentations about the conditions of the car; the district court did not err in denying Silverstar's renewed motion for judgment as a matter of law on plaintiff's fraud claim where an "as is" clause does not bar an action by the vendee based on claims of fraud or misrepresentation; and the court need not address whether Silverstar should have been granted judgment as a matter of law on plaintiff's other claims for breach of warranty and deceptive trade practices, because Arkansas law allows a successful fraud plaintiff to recover compensatory, incidental, and punitive damages. The court also held that the district court did not err in reducing the punitive damages award, because the award was grossly excessive and in violation of the due process clause.