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Case Citations [1] (Fall 2024)

handle is hein.ali/resndacy0142 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations AGENCY 2D Generally D.Mass.2023. Cit. generally in case quot. in disc. Cybersecurity contractor that was contacted by a recruiter to provide cybersecurity services to bank filed claims for, among other things, breach of contract against bank in state court, alleging that, after plaintiff accepted a contract with bank through the recruiter, the recruiter attempted to rescind the offer. After removal, this court denied defendant's motion to dismiss, holding that plaintiff stated a claim that the recruiter was acting as defendant's agent in its interactions with plaintiff such that defendant could be liable for the recruiter's actions, by alleging that, after plaintiff accepted the recruiter's offer to contract with defendant, defendant conducted an additional interview and then, through the recruiter, rescinded the offer. The court noted that Massachusetts courts followed the Restatement Second of Agency in determining whether a principal- agent relationship existed. iNebular, Inc. v. Deutsche Bank Trust Company Americas, 651 F.Supp.3d 413, 418. Del.2023. Cit. generally in case quot. in ftn. In an action by State against manufacturer of forever chemicals known as polychlorinated biphenyls (PCBs) for a public nuisance caused by its sale of PCBs to third parties that discharged them on and in public lands and waters, this court reversed in part the trial court's grant of defendant's motion to dismiss, holding that plaintiff state a claim against defendant for public nuisance under the Restatement Second of Torts. The court noted that Delaware courts generally considered the Restatement to be persuasive authority and that, in the context of determining vicarious liability for a tort, the court had recognized the value of the Restatement Second of Agency as an aid in deciding whether an individual was an employee or an independent contractor. State ex rel. Jennings v. Monsanto Company, 299 A.3d 372, 384. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS § 1. Agency; Principal; Agent COPYRIGHT (02024 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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