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Case Citations [1] (Spring 2025)

handle is hein.ali/rettlglyrs0069 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations THE LAw GOVERNING LAWYERS 3D CHAPTER 2. THE CLIENT-LAWYER RELATIONSHIP TOPIC 3. AUTHORITY TO MAKE DECISIONS § 21. Allocating the Authority to Decide Between a Client and a Lawyer C.A.D.C.2024. Cit. in sup. Manager of a container-ship port filed a petition to enforce its arbitration award against the Republic of Djibouti, which became manager's majority shareholder when it nationalized the port by statute. The district court denied Djibouti's motion to compel discovery regarding whether counsel for manager had authority to represent manager, finding that it was irrelevant or, alternatively, Djibouti had forfeited the issue. This court vacated and remanded, holding, among other things, that Djibouti's failure to challenge counsel's authority to represent manager during the underlying arbitration did not prevent the district court from considering counsel's authority to file the petition. The court cited Restatement Third of the Law Governing Lawyers § 21 in providing guidance to the district court on remand in its determination of whether counsel had actual authority to represent manager. Doraleh Container Terminal SA v. Republic of Djibouti, 109 F.4th 608, 617. TOPIC 4. A LAWYER'S AUTHORITY TO ACT FOR A CLIENT § 26. A Lawyer's Actual Authority C.A.D.C.2024. Cit. in sup. Manager of a container-ship port filed a petition to enforce its arbitration award against the Republic of Djibouti, which became manager's majority shareholder when it nationalized the port by statute. The district court denied Djibouti's motion to compel discovery regarding whether counsel for manager had authority to represent manager, finding that it was irrelevant or, alternatively, Djibouti had forfeited the issue. This court vacated and remanded, holding, among other things, that Djibouti's failure to challenge counsel's authority to represent manager during the underlying arbitration did not prevent the district court from considering counsel's authority to file the petition. The court cited Restatement Third of the Law Governing Lawyers §§ 26 and 27, which focused on the traditional agency law concepts of actual authority, apparent authority, and ratification, in COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.