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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/resndacy0137 and id is 1 raw text is: AGENCY 2D Generally D.Md.2021. Cit. generally in case cit. in disc. The United States sued, among others, former chief information officer of state department of human resources, alleging that defendant conspired to engage in corrupt acts when she arranged to receive benefits from corporate officers in exchange for favorable official acts for the benefit of their privately-owned companies. This court denied defendant's motion to dismiss, holding that defendant was an agent as defined by the plain meaning of federal corruption law, because she was authorized to act on behalf of the state department of human resources. The court rejected defendant's assertion that she was not an agent because she lacked authority to act on behalf of a government entity's funds, and explained that relevant federal statutes did not suggest they had to look to extrinsic sources, such as the Restatement Second of Agency, to further define the term agent. United States v. Fitzgerald, 514 F.Supp.3d 721, 754. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS § 1. Agency; Principal; Agent N.D.Ill.2020. Cit. in sup. After motorist sued sheriff in state court for claims arising from when sheriff arrested plaintiff in order to transfer him to Immigration and Customs Enforcement, defendant filed a notice of removal based on the Federal Officer Removal Statute, alleging that he was acting as a federal officer at the time he took plaintiff into custody. This court denied plaintiff's motion to remand, holding that defendant satisfactorily alleged that he acted as the agent of federal immigration officers when he detained plaintiff to permit removal of the state-court action under the statute. Citing Restatement Second of Agency § 1 and Restatement Third of Agency § 1.01, the court explained that defendant manifested assent to act on behalf of federal officers when he arrested plaintiff upon receiving their request for his assistance, and federal officers manifested assent for defendant to act on their behalf when they asked him to temporarily hold persons suspected of being undocumented aliens until they could be transferred into ICE custody. Castillo v. Snyders, 497 F.Supp.3d 299, 303. D.Mass.2020. Quot. in case quot. in sup. Motorcyclist and wife sued driver and husband of driver, alleging, inter alia, that husband was liable for the negligent conduct of driver that resulted in a vehicular accident that injured motorcyclist, because husband owned the vehicle and driver acted as husband's agent at the time of the accident, given that she was driving the vehicle to pick him up at a hotel. This court granted husband's motion to dismiss, holding that it lacked personal jurisdiction over him pursuant to state long-arm statutes. The court rejected plaintiffs' assertion that it had personal jurisdiction over husband because driver was acting as his agent, as defined by Restatement Second of Agency § 1, and pointed out that plaintiffs alleged no facts that driver consented to act subject to husband's control when she agreed to pick him up. Driscoll v. McCann, 505 F.Supp.3d 32, 37, 38. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America AIL -m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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