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

handle is hein.ali/rethrida0138 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE AGENCY 3D CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined C.A.9, 2022. Quot. in sup. Arrestees brought a putative class action against, among others, county sheriff, city, and state, alleging that defendants' statutory bail schedule violated plaintiffs' constitutional right to equal protection, because sheriff did not consider plaintiffs' ability to pay bail when setting the amount of their bail. The district court granted city's and state's motions to dismiss, granted plaintiffs' motion for summary judgment against sheriff, and awarded attorney's fees to plaintiffs. This court affirmed, holding that the district court did not err in determining that state should pay plaintiffs' attorney's fees, because sheriff was acting as the agent of state. Citing Restatement Third of Agency § 1.01, the court explained that the principal-agent relationship between state and sheriff was created when, while acting in her official capacity, sheriff set plaintiffs' bail schedules in accordance with state's mandatory bail schedules. Buffin v. California, 23 F.4th 951, 962. C.A.9, 2022. Com. (g) quot. in case quot. in sup. Cambodian citizens brought an action under the Trafficking Victims Protection Act against, among others, foreign seafood-factory owners, alleging that defendants trafficked plaintiffs into Thailand and forced them into peonage. The district court granted defendants' motion for summary judgment. This court affirmed, holding that defendants were not present in the United States for the purposes of liability under the Act, because they did not own factories or property in the United States or do business in the United States beyond partnering with distributors to import food into the United States. The court rejected plaintiffs' assertion that defendants had sufficient contacts with the United States through doing business with U.S. distributors such that there was an agency relationship between them, as defined in Restatement Third of Agency § 1.01, and explained that defendants did not control distributors' sale, purchase, and distribution of their seafood. Ratha v. Phatthana Seafood Co., Ltd., 26 F.4th 1029, 1042. C.A.10, 2022. Com. (c) cit. and quot. in sup. Criminal defendant appealed his conviction for possession of illegal substances, alleging, inter alia, that the district court erred in denying his motion to suppress, because the United States failed to preserve potentially exculpatory evidence when bus operator deleted surveillance footage purportedly recording the circumstances of defendant's search and arrest at a bus stop. This court affirmed, holding that the United States was not responsible for the loss of the exculpatory evidence, because bus operator was not acting as its agent at the time of defendant's arrest. Citing Restatement Third of Agency § 1.01, the court reasoned that the existence of a principal-agent relationship between the United States and bus operator in one matter did not necessitate the existence of 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.

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