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Case Citations [1] (Spring 2024)

handle is hein.ali/rethrida0141 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations AGENCY 3D Generally D.Alaska, 2022. Cit. generally in sup., cit. generally in ftn. Passenger who was injured while riding in a skiff that was used to guide a tugboat sued owner of the tugboat and skiff, alleging that she was injured when the tugboat captain, who was purportedly under the influence of alcohol, struck a sandbar and grounded the skiff. This court granted in part owner's motion for summary judgment on passenger's claims that owner was vicariously liable for the captain's negligence. The court noted that, although both owner and passenger cited the Restatement Second of Agency when discussing passenger's vicarious-liability claim, the court would apply agency law as articulated in the Restatement Third of Agency, which superseded the Restatement Second of Agency in 2006. Garcia v. Vitus Energy, LLC, 605 F.Supp.3d 1188, 1211. E.D.Mich.2022. Cit. in ftn. Investors sued cryptocurrency business and cryptocurrency salesperson, alleging that salesperson made false statements about business that induced investors to invest in business's cryptocurrency and that business then failed to either give them access to the cryptocurrency or return their funds. This court denied in part business's motion to dismiss, holding that investors stated claims against business under federal securities law arising from salesperson's wrongful conduct, because investors alleged that salesperson was business's agent under Michigan law and the Restatement Third of Agency. The court noted that federal common law frequently looked to the Restatements of the Law when applying agency principles, and that the Restatement Second of Agency and the Restatement Third of Agency did not diverge significantly from one another for the purposes of the instant case. Jonna v. Latinum, 617 F.Supp.3d 758, 771. S.D.Tex.Bkrtcy.Ct.2023. Cit. generally in ftn. In Chapter 11 bankruptcy proceedings, trustee of debtor's liquidating trust sought to avoid as fraudulent certain transfers that debtor made, at the direction of the principal of entities that invested in and managed debtor, as part of a scheme to redeem preferred equity instead of repaying debtor's bondholders and trade creditors. After finding the transfers were fraudulent, this court granted trustee's subsequent motion for a determination that investors who benefited from the transfers were not entitled to assert good faith as a defense, because they had appointed one of the entities controlled by the perpetrator of the scheme as their attorney in fact, such that the perpetrator became their subagent and his knowledge regarding the fraud was imputed to COPYRIGHT ©2024 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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