… Part I of this Comment generally discusses punitive damages and vicarious liability in Louisiana. Part II demonstrates the nature of the circuit split and the confusion surrounding the issue of vicarious liability for punitive damages. Part III of this Comment explores the potential solutions that the Louisiana Supreme Court could implement to address the issue of vicarious liability for punitive damages. Part IV lays out a clear direction for the Court to take when making its decision and defines an approach that would typically find employers not vicariously liable for punitive damages, but reserves a more nuanced analysis for particularly culpable employers.
Thomas C Naquin, Lagniappe Liability: Limiting Employer’s Vicarious Liability for Punitive Damages in Louisiana, 79 Louisiana Law Review (2019).