...court combined Sections 261 and 219(2) of the Restatement of the Law 2d, Agency (1958). Section 261 provides, "A principal who puts a servant or other agent in a position which enables the agent, while.... {¶ 48} Section 219(2) of the Restatement provides, "A master is not subject to liability for the torts of his servants acting outside the scope of their employment, unless...section is premised on the employee's act occurring outside the scope of employment. This court has not adopted Section 219(2)(d), and we decline to do so here. We have not previously determined that an employer can be found liable for the acts of its employee committed outside the scope of employment. Thus, we find that a jury instruction based on Restatement Section...

...445. As for compensatory damages, the Court held that employer liability shall be governed by the agency principles set forth in Section 219 of the Restatement (Second) of Agency as follows...damages, Nabisco is not liable for Montalto's conduct under section 219(1) of the Restatement because it was not within the scope of his employment given that he was acting contrary to Nabisco's published..., 906 P.2d 440 (1995). Furthermore, no rational juror could find Nabisco negligent or reckless under The Restatement, section 219(2)(b) regarding Montalto. Pirozzi...

...: Section 219(2) of the Restatement (Second) of Agency states: (2) A master is not subject to liability for the torts of his servants acting...if the agent acts outside the scope of employment. See Restatement (Second) of Agency, § 219(2). However, it has been noted that...danger to the safety of any other person or the community if released under section 3142(b) or (c) of this title; and (B) that the appeal is not for the purpose of...

.... We recognized three potential bases in the Restatement (Second) of Agency for holding employers liable for harassment committed by their employees. First, under Section(s) 219...a plaintiff can hold an employer liable for sexual harassment, which are more appropriate in a sexually hostile work environment case like Knabe's. Under Restatement Section(s) 219(2)(b), employers...." Bouton, 29 F.3d at 106. And under Section(s) 219(2)(d), employers are liable if the harassing employee "relied upon apparent authority or was...

..., 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) (quoting Restatement Section 219(2)(d...

....” Norfolk, 512 F.3d at 91. 1. Restatement 2d Section 219(2)(c): there is no non-delegable duty Under § 219(2)(c...” misconstrued earlier decisions which addressed Restatement § 219(2)(d), not (c). 209 N.J. at 292, n.5. Section (d) is addressed below.... Thus, New Jersey has not recognized, and likely will not recognize, any general nondelegable duty by Jersey City to protect Plaintiff, and thus Restatement § 219(2)(c) does not apply. That is not to say, however, that Plaintiff's other arguments are not viable. 2. Restatement Section 219...

...history unique to Title VII. The defense is not compatible with a state claim brought under HRS § 378–2(a)(1) and thus JN may not avoid vicarious liability under section 219 of the Second Restatement. Therefore...in section 219 of the Second Restatement. In...inhering in HRS § 378–2 and liability principles in Section 219 of the Second Restatement. Cf. Faragher, 524 U.S. at 791–92...

.... Pursuant to Section 219(1) of the Restatement (Second) of Agency, an employer will always be held liable for the torts of its employees committed while acting in the scope of their employment. If the...actions on January 2, 1998, violated explicit company policies prohibiting such conduct. Thus, Defendants can only be held liable for that conduct if one of the four conditions under Section 219(2) of the Restatement (Second...reckless; or that the wrongful conduct violated a non-delegable duty of the Defendants. Thus, the only remaining prong upon which Plaintiffs can rely is Section 219(2)(d) of the Restatement: that Ibarra...

.... The Restatement (Second) of Agency section 219(2) (1958) provides: The American Law Institute adopted the Restatement (Third...) of Agency in 2005. The principles sent forth in section 219 are found in sections 2.04, 7.07 and 7.08 of the newly adopted Restatement. To...environment. Ibid. With respect to the second question, the Court relied on section 219 of the Restatement in its analysis. Id. at 619. It first held that "under § 219(1) an employer whose...

.... The Tenth Circuit has articulated a means by which an employer could be held liable under the first clause of section 219(2)(d) of the Restatement, which...essentially a negligence one, see Restatement, supra, Section(s) 219(2)(b), "and reasonableness . . . depends among other things on the gravity of the harassment alleged," Baskerville v. Culligan Int'l...provides for liability if "the servant purported to act or to speak on behalf of the principal and there was reliance upon apparent authority." Restatement, supra, 219(2)(d). According to the...

.... Section 219(2)(d) of the Restatement provides: "A master is not subject to liability for the torts of his servants acting outside the..., Agency (1958) 481, Section 219(1), which states as follows: "A master is subject to liability for the torts of his servants committed while acting in the scope of their employment." Ohio law provides... rocks at them and chased them, and that eventually one of the officers pulled his handgun and shot the victim. Relying on Restatement of the Law 2d, Agency (1958), Section 229...

...(1956); Prosser on Torts, Section 70 (4th ed. 1971); Restatement on Agency Second, Sections 219, 228, 229, 245 (1958). The decisions relied upon by the appellant, insofar as..., Supplement to Vol. 2 at p. 613 ("Comment to Section 26.9 nn. 16-20") (1968); Restatement of Agency Second, Appendix, pp. 391-99 (1958). See: Wisemore v. First Nat. Life Ins. Co...occurred while the employee was at least partly actuated by his purpose of acting for his employer in the discharge of the recalcitrant co-employee (Restatement, cited above, Section 228), and it was...

...the Second Restatement “for guidance on issues pertaining to employer vicarious liability,” and that the Third Restatement, section 7.08, is a relevant “counterpart” to the Second Restatement, section 219(2..., 974 A.2d 286 (“We express no opinion as to the applicability of either section 7.07 or section 7.08 of the [Third Restatement] to the facts of this case, except to say that on remand...changes in the formulation of the scope-of-employment doctrine between [the Third Restatement] and its predecessors . . . including that section 7.07(2) is stated in more general terms and takes into...

...adopted as Delaware law, should operate within the context of its Restatement counterpart, § 219, as the Restatement intends. Section 219...Prongs related in part to using that section of the Restatement in a context where another related provision of the Restatement, § 219, had arguably more sensible application.... D. Section 219's Exceptions to § 228 In its original dismissal of the case, the Superior Court considered the application of § 219 and concluded that "there are no Delaware cases of which the Court is aware that adopt § 219 of the Restatement (Second...

...agency principles should provide guidance in this area. The Meritor Court then cited the Restatement (Second) of Agency Section(s) 219-237(1958) as a source for such guidance. Id..., 81 F.3d at 50 (emphasis added) (citations and some internal quotation marks omitted). Judge Merritt cited Section(s) 219(2)(b) of the Restatement as support...., 831 F.2d 1184, 1189 (2d Cir. 1987). Courts have cited the Restatement (Second) of Agency 219(2)(b) for the familiar proposition that a...

.... 2257, 2270 (1998), the Supreme Court again held that an employer's liability in sexual harassment cases is governed by common law agency principles and specifically adopted section 219(2) of the Restatement (Second...circumstances (subsection (c)), the liability of the employer in coworker cases is governed by subsection (b) of section 219(2) of the Restatement (Second) of Agency. The victim of coworker sexual...was reliance upon apparent authority, or he was aided in accomplishing the tort by the existence of the agency relation." Restatement (Second) of Agency § 229(2...