courts.” Oliva v. Pan Am. Life Ins. Co., 448 F.2d 217, 221 (5th Cir.1971). We therefore affirm the summary judgment on the i.ie.d. claim. V. La Day asserts a state law tort claim that Catalyst is vicariously liable for Craft’s alleged torts against him, including assault, battery, and ii.e.d. Under Louisiana law, “an employer is liable for a tort committed if, at the time, the employee was acting within the course and scope of his employment.” Baumeister v. Plunkett, 673 So.2d 994, 996 (La.1996). Louisiana courts consider four factors in determining whether this standard for vicarious liability is met: (1) whether the tortious act was primarily employment rooted; (2) whether the violence was reasonably incidental to t , at *4, 1999 U.S. Dist. LEXIS 5896, at *10 (E.D.Pa. Apr. 20, 1999) (<HOLDING>). 4 . Rene was argued and submitted to the en
recognizing that when the facts alleged in the administrative complaint are not disputed this leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged and penalties to be imposed holding that the court must assume on summary judgment that the nondecisionmakerharasser relayed the plaintiffs complaints about sexual harassment to the decisionmaker even though both the harasser and the decisionmaker denied this fact the harasser was present at the meeting in which it was decided that plaintiff would be terminated he had an incentive to pass on this information and his credibility was in question as to other matters holding that evidence of misrepresentations by creditor might support conclusion of bad faith but concluding that any such misconduct was immaterial holding that it is impossible to say that reasonable men might not differ in their judgment upon the question  and therefore this court would not be warranted in disturbing the verdict of the jury holding that disputed facts exist to suggest that the alleged harasser might be sexually oriented towards men but declining to recite details of the evidence supporting this conclusion