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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/resndacy0139 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations AGENCY 2D Generally C.A.8, 2022. Cit. generally in sup. After a worker was injured in an iron ore mine and the Secretary of Labor obtained civil penalties against mine operator for, among other things, recklessly disregarding mandatory maintenance standards in violation of a federal statute, this court denied operator's petition for review. In making its decision, the court found that the Secretary of Labor's definition of recklessness, which was adopted from Restatement Second of Torts § 500, was reasonable and aligned with the purpose of the statute, noting that federal courts had previously looked to other sections of the Restatement Second, including the Restatement Second of Agency, the Restatement Second of Contracts, and the Restatement Second of Trusts. Northshore Mining Company v. Secretary of Labor, 46 F.4th 718, 731. C.A.10, 2022. Cit. generally in case cit. in sup. Insurance agent sued insurance companies, alleging that defendants, who hired plaintiff to sell defendants' insurance policies, terminated the parties' agency agreement on the basis of plaintiff's race. The district court granted defendants' motion for summary judgment. This court reversed and remanded, holding, inter alia, that the district court erred in finding that a racially discriminatory statement made by plaintiff's supervisor during an investigation related to plaintiff's work performance was inadmissible hearsay. The court observed that, under the principles of common-law agency set forth by the Restatement Second of Agency, supervisor was defendants' agent for the purpose of federal hearsay-exception rules, because supervisor acted on behalf of defendants' regional offices and stated the racial slur pursuant to an investigation undertaken at the direction of defendants' regional manager. Cruz v. Farmers Insurance Exchange, 42 F.4th 1205, 1212. M.D.Fla.2022. Cit. generally in sup. Business owner who discovered that his employee had opened a credit-card account using his name and personal identifying information and used the account to steal money from him and the business for over three years sued issuer of the credit card, seeking a refund of payments made on the account. This court granted summary judgment for issuer, holding that owner was responsible for the account, starting from a reasonable time after he received the first bank statement showing payments on the account and including the remaining balance on the account. The court cited the Restatement Second of Agency in reasoning that owner's negligence in failing to review the employee's work, his bank statements, or his credit reports for more than three years clothed the employee with apparent authority to use and pay for the account. Johnson v. Chase Bankcard Services, Inc., 582 F.Supp.3d 1230, 1239. COPYRIGHT C2023 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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