Case Citations (March 2016 through August 2016) [i] (2016)

handle is hein.ali/rethrida0126 and id is 1 raw text is: 





                                      AGENCY 3D





  Generally

  E.D.Mo.2015.  Cit. generally in case cit. in ftn. In an ERISA action brought by supplemental-retirement
  plan and its sponsor against plan participant who mistakenly received pension payments, this court
  denied in part defendant's motion for summary judgment based on the statute of limtiations, holding that
  there was a genuine issue of material fact as to whether plaintiffs' administrative-services provider,
  which should have discovered the mistake, had an agency relationship with plaintiff. The court applied
  federal common law, which followed Restatement Third of Agency, and explained, citing  5.03, that
  provider's knowledge of the mistake could be imputed to plaintiff for purposes of determining when the
  limitations period began to run if it was plaintiff s agent. Pharmacia Corp. Supplemental Pension Plan,
  ex rel. Pfizer Inc. v. Weldon, 126 F.Supp.3d 1061, 1075.

  D.Neb.2015. Cit. generally in sup., cit. generally in cases cit. in sup. In an action brought by employee
  against grandparent corporation of her employer for torts committed by her supervisor, this court
  granted in part defendant's motion to dismiss, holding that defendant could not be vicariously liable for
  supervisor's intentional torts. Noting that the Nebraska Supreme Court had previously followed
  Restatement Third of Agency, the court rejected plaintiff's argument that defendant could be liable
  under Restatement Second of Agency  219(2)(d)'s aided by agency theory, which did not appear in
  the Restatement Third of Agency. Pearce v. Werner Enterprises, Inc., 116 F.Supp.3d 948, 953, 957.

  D.N.M.2015.  Cit. generally in disc., cit. generally in cases cit. in disc., cit. generally in ftn., cit.
  generally in case cit. in ftn. Female prisoner brought a  1983 action against corporation that operated
  the correctional facility where she was imprisoned, alleging that defendant was vicariously liable for the
  sexual assault and battery that its correctional officer committed against plaintiff. This court denied
  defendant's motion for judgment on the pleadings, holding that plaintiff sufficiently stated a claim for
  relief. The court relied on Restatement Second of Agency  219(2)(d), which was adopted by the
  Supreme Court of New  Mexico, to determine that plaintiff's aided-in-agency theory could proceed to
  trial. The court declined to follow the Restatement Third of Agency, which did not contain the aided-in-
  agency theory. Pena v. Greffet, 110 F.Supp.3d 1103, 1111, 1116, 1128, 1129, 1132, 1138.



                           CHAPTER 1. INTRODUCTORY MATTERS

                         TOPIC   1. DEFINITIONS AND TERMINOLOGY

   1.01 Agency Defined

  C.A.10, 2016. Com. (c) quot. in sup. Defendant who was indicted under federal law for conspiracy to
  distribute methamphetamine moved for dismissal, alleging that, after she was arrested by U.S. Drug
  Enforcement Administrative (DEA) agents, the Wyoming Division of Criminal Investigation (DCI) had



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

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