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Case Citations [1] (July 2019 - April 2020)

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                                    AGENCY 2D


C.A.Fed.2019.  Cit. generally in disc. Virgin Islands Port Authority brought a lawsuit against the United
States, alleging that the U.S. Customs and Border Protection (CBP) collected wharfage and tonnage fees
without authorization. This court affirmed the district court's grant of defendant's summary-judgment
motion, holding that plaintiff had not revoked the CBP's authority to collect the fees, because plaintiff's
communications  to the CBP were merely requests to discuss revocation. In making its decision, the
court noted that, generally, it looked to the Restatement Second of Agency to establish the contours of
federal common  law on agency. Virgin Islands Port Authority v. United States, 922 F.3d 1328, 1335.

S.D.Fla.2019. Cit. generally in sup. American radio station that contracted to broadcast radio programs
delivered by a Russian government-owned news  agency sued the Department of Justice, seeking a
declaration that it was not required to register as an agent of a foreign principal under the Foreign
Agents Registration Act (FARA). This court denied station's motion for judgment on the pleadings,
holding that station was an agent of a foreign principal that was required to register pursuant to FARA.
The court rejected station's argument that its agreement with news agency disclaimed an agency
relationship, explaining that a common-law agency relationship under Restatement Second of Agency,
which focused on control of an agent by a principal, was not necessary to satisfy FARA's definition of
an agent of a foreign principal; the relevant inquiry under FARA was not whether a principal could be
liable for the actions of an agent in its control, but rather, whether the relationship warranted registration
by the agent to carry out FARA's informative purposes. RM Broadcasting, LLC v. United States
Department  of Justice, 379 F.Supp.3d 1256, 1262.

Ariz.2019. Cit. generally in case quot. in sup. In consolidated bankruptcy cases involving alleged
breaches of fiduciary duties, this court, answering questions certified by the United States Bankruptcy
Court for the District of Arizona, held, among other things, that a member of an Arizona limited-liability
company  owed  common-law   fiduciary duties to the company if the member was an agent of the
company  within the meaning of the Restatement Second of Agency. The court noted that, absent
controlling authority to the contrary, the Arizona Supreme Court generally followed the Restatement
when  it set forth sound legal policy. In re Sky Harbor Hotel Properties, LLC, 443 P.3d 21, 23.

                          CHAPTER 1. INTRODUCTORY MATTERS

                                    TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

D.N.M.2019.  Cit. in sup.; com. (b) quot. in sup. Property owners and insurers filed separate lawsuits
against, among others, the U.S. Forest Service, alleging that the forest fire that damaged their property
was caused by the negligent forest-clearing activities conducted by a Native American tribe that had
contracted with defendant. After consolidating the actions, this court granted defendant's motion to
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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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