About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [i] (Fall 2023)

handle is hein.ali/resndacy0140 and id is 1 raw text is: THE AMERICAN LAW INSTITTE Fall 2023 Citations AGENCY 2D Generally C.A.3, 2023. Cit. generally in case quot. in ftn. Former employee filed hostile-work environment claims under Title VII of the Civil Rights Act against former employer, its president, and its director, alleging that director, who was her direct supervisor, sexually harassed her. The trial court entered judgment on a jury verdict against employee and denied her motion for a new trial. While affirming on other grounds, this court held that the trial court erred by refusing to instruct the jury that the Faragher/Ellerth defense-which allowed an employer to escape vicarious liability in some circumstances-was unavailable where, as here, the alleged harasser functioned as the alter ego or proxy of the employer under Restatement Second of Agency § 219(2)(a). The court noted that the Supreme Court had acknowledged that the Restatement Second of Agency was a useful beginning point for a discussion of general agency principles. O'Brien v. Middle East Forum, 57 F.4th 110, 118. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS § 2. Master; Servant; Independent Contractor D.Mass.2022. Cit. in case cit. in sup. Owner of an experimental, deep-sea submarine that was damaged in a tractor-trailer fire while being transported to a museum sued, among others, freight-forwarding service that was retained by museum and shipping company that owned the tractor trailer and was hired by freight-forwarding service, alleging negligence and breach of bailment. This court granted in part freight-forwarding service's motion for summary judgment, holding that owner could not state a claim against it for negligence or breach of bailment because shipping company was not its agent. The court reasoned that submarine owner had not proffered evidence that freight-forwarding service exercised sufficient control over shipping company's performance to establish an agency relationship under Restatement Second of Agency § 2. Woods Hole Oceanographic Institution v. ATS Specialized, Inc., 594 F.Supp.3d 276, 291. Cal.App.2022. Subsec. (3) quot. in sup. User of dirt bike sued, among others, distributor of dirt bike, alleging that defendant should be liable for plaintiff's vehicular accident that arose as a result of the negligent assembly of the dirt bike by defendant's authorized dealer. The trial court entered judgment on a jury verdict for defendant. This court reversed in part and remanded, holding that the trial court erred COPYRIGHT ©2023 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most