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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resndacy0138 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE AGENCY 2D Generally C.A.2, 2022. Cit. generally in conc. op. Former arrestee filed a claim for false arrest under § 1983 and New York state law against county and county police detective who arrested him without a warrant on charges that were later dismissed. After a jury returned a verdict for arrestee, the district court vacated and dismissed, finding that county and detective were entitled to qualified immunity because detective had arguable probable cause as a matter of law. This court reversed in part and remanded arrestee's claims against county, holding that, even though detective was shielded from personal liability for damages caused by the false arrest, county remained liable under New York law according to Restatement Second of Agency § 217. The concurring opinion argued that, while the Restatement Second of Agency was an invaluable and unparalleled legal resource and guide for federal and state courts, it did not directly answer the question of municipal liability and immunity at issue in this case. Triolo v. Nassau County, 24 F.4th 98, 114, 115. Alaska, 2022. Cit. generally in case quot. in ftn. Patient filed a claim for breach of contract against hospital, after hospital's employee intentionally disclosed patient's health information to a third party in violation of the Health Insurance Portability and Accountability Act. The trial court entered judgment in favor of hospital after the jury found that hospital's employee was not acting within the course and scope of her employment. This court vacated, holding that the jury instruction erroneously applied the rule of vicarious liability to excuse liability for breach of contract, and remanded for further proceedings. The court cited a case that relied in part on the Restatement Second of Agency in support of the proposition that an employer would be held liable for both negligent and intentional torts of its employee if the employee was acting in the scope of their employment. Guy v. Providence Health & Services Washington, 502 P.3d 13, 18. Or.App.2022. Cit. generally in disc. In consolidated actions, employees who were surreptitiously video recorded by a co-worker while using a private employee restroom at work filed claims for negligent infliction of emotional distress against employer and general manager, alleging that they should have known that the co-worker was fired from his prior job for the same reason. The trial court granted defendants' motions to dismiss. This court reversed and remanded, holding that plaintiffs had stated a claim for negligent infliction of emotional distress. The court rejected defendants' argument based on two U.S. Supreme Court decisions that relied in part on principles of agency law set forth in the Restatement Second of Agency to find that an employer was vicariously liable for an employee's conduct only when the employer knew or should have known of the employee's conduct and took no action, noting that those decisions concerned the liability of employers under the Civil Rights Act and did not appear to be relevant here. I.K. v. Banana Republic, LLC, 505 P.3d 1078, 1087. COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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