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Are Common Law Remedies An Alternative To Anti-Bullying Laws?

Published by on November 10, 2008

Returning to a topics that we previously discussed here and here, we noticed today an article in Bench & Bar of Minnesota entitled “The Anti-Bullying Legislative Movement:  Too Quick to Quash Common Law Remedies?”  The author suggests that existing common law causes of action would be sufficient if one removed “any inappropriate barriers in tort […]

Returning to a topics that we previously discussed here and here, we noticed today an article in Bench & Bar of Minnesota entitled “The Anti-Bullying Legislative Movement:  Too Quick to Quash Common Law Remedies?”  The author suggests that existing common law causes of action would be sufficient if one removed “any inappropriate barriers in tort law” and would be a more practical solution to the problem than enacting new legislation.  Either approach is likely to result in more litigation, so the real question is how much of a problem is workplace bullying?  Watch for anti-bullying legislation to be part of the debate in 2009.

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