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Case Citations [i] (Spring 2026)

handle is hein.ali/resndacy0145 and id is 1 raw text is: 





                            THE AMERICAN


                              LAW INSTITUTE



                                     Spring 2026 Citations



                                   AGENCY 2D



Generally

C.A.D.C.2025. Cit. generally in case quot. in sup. Independent contractor, who allegedly discovered
billions of dollars that had been taken from Libya and dispersed across Africa after the death of Libya's
former head of state, filed a claim for fraud against his lawyer and various federal employees, alleging
that they deceived him into thinking that they would support him in the process of repatriating the funds.
After the United States substituted itself as defendant for the federal employees pursuant to the Westfall
Act, the district court granted the government's motion to dismiss, finding that sovereign immunity
barred contractor's claims against the government. This court affirmed, holding that contractor failed to
allege sufficient facts to overcome the government's Westfall certification, because the federal
employees were carrying out duties within the scope of their employment. In reaching its conclusion, the
court adhered to the analytical framework of the scope-of-employment inquiry set forth in the
Restatement Second of Agency. Plevnik v. Sullivan, 146 F.4th 1174, 1182.



                         CHAPTER 1.   INTRODUCTORY MATTERS

                                  TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

C.A.6, 2025. Subsec. (1) cit. and quot. in sup., subsec. (3) quot. in sup. Black employee sued employer
after it fired her from her job as a sales representative, alleging, among other things, that employer
created a hostile work environment based on the actions of a client of employer, and that employer fired
her in retaliation when she complained of the client's sexual harassment. The district court granted
summary  judgment for employer. This court affirmed, holding that employer was not directly liable to
employee under either federal or state law for its client's hostile work environment harassment of
employee, nor was it vicariously liable for the client's actions, because the client was not employer's
agent within the meaning of Restatement Second of Agency § 1. Bivens v. Zep, Inc., 147 F.4th 635, 643,
644, 647.

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