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Case Citations [i] (Spring 2026)

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                            THE AMERICAN


                              LAW INSTITUTE



                                     Spring 2026 Citations



                                   AGENCY 3D



Generally

C.A.9, 2025. Cit. generally in case cit. in sup. Suspected leader of a terrorist organization, who was
detained as an enemy combatant by the Central Intelligence Agency (CIA), filed claims under the Alien
Tort Statute against psychologists who designed and implemented an experimental program of
enhanced interrogation techniques amounting to torture for the CIA, seeking damages for injuries he
suffered during his detention and interrogations. The district court granted defendants' motion to
dismiss. This court affirmed, holding that it lacked jurisdiction under the Military Commissions Act
(MCA),  because defendants were agents of the CIA who were authorized to detain and interrogate
plaintiff on its behalf. In finding that an agency relationship existed between defendants and the CIA, the
court noted that it looked to the Restatement Third of Agency, which restated the common law of
agency the year the MCA was enacted and was the most current articulation of agency law. Husayn v.
Mitchell, 142 F.4th 667, 675.

Ohio, 2025. Cit. in case cit. generally in disc. Taxpayer that operated a business under which it provided
food, labor, and miscellaneous materials to clients in multiple industries, filed an action challenging the
tax commissioner's finding that taxpayer did not meet Ohio's commercial-activity tax statute's gross-
receipts exclusion requirements and was not entitled to a refund. The board of tax appeals affirmed the
tax commissioner's denial of taxpayer's request for refund. This court affirmed, holding that taxpayer
did n ot qualify for the tax refund, because it was not an agent of its management-fee contract clients
within the meaning of the statute. The court noted that decisions involving the statute's agency exclusion
needed to focus on the statutory definition of agent, rather than a showing of actual authority on the
part of the taxpayer within the meaning of the Restatement Third of Agency, for the taxpayer to qualify
for the exclusion. Aramark Corporation v. Harris, 266 N.E.3d 873, 879.



                         CHAPTER 1.   INTRODUCTORY MATTERS

                       TOPIC  1. DEFINITIONS AND TERMINOLOGY

§ 1.01 Agency Defined
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