Cowan v. Valiant Global Defense Services, Inc.

Summary

The United States District Court for the Western District of Louisiana granted Valiant Global Defense Services, Inc.’s Rule 12(b)(6) motion to dismiss Dwight Cowan’s claim seeking employer liability for a supervisor’s alleged intentional assault. Applying Louisiana law, the court held that the alleged conduct was not within the course and scope of employment and was not a risk of harm fairly attributable to the employer’s business. The court also declined to entertain a blanket request to amend the complaint absent evidence that amendment would not be futile.

Holdings

1. Vicarious liability for an employee's intentional tort requires allegations that the employer could have prevented the act but failed to do so and that the employee was acting within the course and scope of employment.
2. The complaint did not plausibly allege that Sheedy's act of kicking Cowan was within the course and scope of employment or a risk of harm fairly attributable to Valiant's business.
3. The complaint failed to state a plausible claim for relief against Valiant and was dismissed under Rule 12(b)(6).

Questions Presented

1. Whether Cowan plausibly alleged that Valiant was vicariously liable under Louisiana law for Sheedy's intentional tort.
2. Whether the alleged kick was within the course and scope of Sheedy's employment and constituted a risk of harm fairly attributable to Valiant's business.
3. Whether the complaint stated a claim under Rule 12(b)(6).

Disposition

dismissed