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Case Citations 1 (July 2018 through April 2019)

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                                      AGENCY 2D



  Generally

  Vt.2018. Cit. generally in case quot. in disc. In a dispute between testator's spouse and testator's
  children over the payment of the estate's administrative expenses, this court affirmed the determinations
  of the lower courts that, under common-law principles of abatement as set forth in the Restatement
  Third of Property: Wills & Other Donative Transfers, the estate's administrative expenses had to be paid
  out of spouse's share of the personal estate until it was exhausted. The court explained that, because it
  had found no Vermont caselaw addressing the issue, it looked to the Restatement Third of Property and
  other states' caselaw for an expression of the common-law rule of abatement; in making its decision, the
  court cited a prior opinion in which it noted that it had routinely adopted provisions of the Restatement
  Second of Agency as reflecting the common law of Vermont. Avery v. Avery, 192 A.3d 1250, 1255.



                            CHAPTER 1. INTRODUCTORY MATTERS

                                      TOPIC 1. DEFINITIONS

  § 1. Agency; Principal; Agent

  D.D.C.2018. Quot. in case cit. in sup. Former employer brought, inter alia, a breach-of-fiduciary-duty
  claim against its former director of finance, alleging that defendant was engaged in a years-long
  embezzlement scheme. This court granted plaintiff s motion for default judgment after defendant failed
  to respond to plaintiff s complaint, finding that the facts alleged in the complaint, when taken as true,
  sufficiently supported plaintiff's claims. The court cited caselaw that quoted Restatement Second of
  Agency § 1 in explaining that, in this case, defendant breached his fiduciary duty to plaintiff by writing
  unauthorized checks from plaintiff s accounts, forging signatures of plaintiff s employees on those
  checks, and making other illegitimate withdrawals of plaintiff s money using his organization debit card.
  Congressional Hunger Center v. Gurey, 308 F.Supp.3d 223, 228.

  Iowa, 2018. Subsec. (1) quot. in case quot. in diss. op. Firefighter who received a conditional offer of
  employment with city that was contingent upon satisfactory completion of a medical screening filed
  disability-discrimination claims against city and physician who performed the screening, alleging that
  city revoked the offer after physician learned that he suffered from multiple sclerosis and informed city
  that he was not medically qualified for the job. The trial court granted summary judgment for city and
  physician. Affirming, this court held that firefighter could not prove that city discriminated against him
  because of' his multiple sclerosis, because physician did not inform city that firefighter had multiple
  sclerosis and city did not inquire into why he was disqualified. The court rejected firefighter's argument
  that physician was city's agent such that her knowledge of his multiple sclerosis was imputed to city,
  reasoning that physician was not city's agent, but rather, an independent contractor. The dissent argued
  that firefighter created a genuine issue of material fact as to whether physician was city's agent, because
  a reasonable jury could find that city's control over physician demonstrated a principal-agent

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            For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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