...different in kind from that authorized, far beyond the authorized time or space limits, or too little actuated by a purpose to serve the master.' (Restatement (Second) of Agency § 228 (1958.... Pyne, 129 Ill. 2d at 360; see Restatement (Second) of Agency § 228, Comment a, at 505 (1958) ("Sections 229-236 state the circumstances which...hold that all three criteria of section 228 of the Second Restatement of Agency must be met to conclude that an employee was acting within the scope of employment. To make this conclusion, a court...

.... The Restatement (Second) of Agency, § 228, defines conduct within the scope of employment as follows: "(1) Conduct of a servant is within the scope...); Potter Title and Trust Company v. Knox, 381 Pa. 202, 113 A.2d 549 (1955); Restatement (Second) of Agency § 219. This liability of the..., 172 A. 136 (1934); McMillen v. Steele, 275 Pa. 584, 119 A. 721 (1923); Restatement (Second) of Agency § 231. Whether...

...subject of the scope of employment inquiry. Restatement (Second) of Agency § 228 comment a (1958). A. We turn first to...that a given act done by the employee was within the scope of employment. Restatement (Second) of Agency § 228 comment b (1958...conduct falls within the scope of employment if: See Restatement (Second) of Agency §§ 228, 229 (1958) (collecting cases...

...) (quoting Restatement (Second) of Agency § 228(1) (1958)). Our review of the record in light of these standards leads us to conclude that the district court did not err in denying... Tracy BARKER; Galen D. Barker, Plaintiffs-Appellees, United States of America, Intervenor, v. Ali MOKHTARE, Defendant-Appellant. No. 08-1560.... United States Court of Appeals, Fourth Circuit. Submitted: February 24, 2009. Decided: March 18, 2009...

.... Restatement (Second) of Agency § 228(1). "Conduct of a servant is not within the scope of employment if it is . . . too little actuated by a purpose to serve the master...first prong of the Restatement (Second) of Agency § 228(1). See Haddon, 68 F.3d at 1425-26...scope of their employment. The scope issue is governed by District of Columbia law, which looks to the Restatement (Second) of Agency (1958) in defining scope of employment...

...master. RESTATEMENT (SECOND) OF AGENCY § 228 (1958); see also Haddon v. United States, 68 F.3d at...limits" of his job, and therefore acting within the scope of his employment, when the accident giving rise to this litigation occurred. See RESTATEMENT (SECOND) OF AGENCY § 228. Accordingly, the...adopted the Restatement (Second) of Agency's approach to the issue, which provides that an employee's conduct is within the scope of employment only if: (a) it is of the kind he is...

...). When assessing the extent of an employer's responsibility for an employee's conduct, Pennsylvania courts rely upon the principles articulated in Restatement (Second) of Agency §§ 228 and 239...authorized time and space limits; [and] (c) it is actuated, at least in part, by a purpose to serve the master. . . ." Restatement (Second) of Agency § 228(1). Applying prong (c) in the context of...to pick up her daughter after she finished working manifestly is not "the kind [of activity Zieglar] is employed to perform." Restatement (Second) of Agency § 228(1)(a). Moreover, in light of the fact...

...cited as Prosser Keeton); 57 C.J.S. Master Servant §§ 561 through 563, 570, 574, 615 (1948); 17 Ill. L. Prac. Employment §§ 251, 252, 255, 257 (1956); Restatement (Second) of Agency §§ 219, 228 through...in kind from that authorized, far beyond the authorized time or space limits, or too little actuated by a purpose to serve the master." (Restatement (Second) of Agency § 228 (1958...).) These criteria have been elaborated. (See, e.g., Restatement (Second) of Agency § 229 (kind of conduct), § 230 (forbidden acts), § 233 (time), § 234 (space), § 235...

.... [¶ 13] Maine applies the Restatement (Second) of Agency to determine the limits of imposing vicarious liability on an employer. See McLain v. Training Dev. Corp., 572 A.2d 494, 497 (Me. 1990). Specifically, section 228 of...when the agent's conduct was within the "scope of employment." [¶ 14] The Restatement (Second) of Agency § 228 provides: (1) Conduct of a servant is within..."scope of employment," subsection (2) of section 228 requires that the agent's conduct occur within "authorized time or space limits." Restatement (Second) of Agency § 228 (1958). This requirement...

..., alleging that Gonzalez was acting within the scope of employment. Maine courts apply the test of Restatement (Second) of Agency § 228 (1958) in determining...force is not unexpectable by the master. Restatement (Second) of Agency § 228(1). We confine our discussion to the third prong of the test...Maine would leave this company. Indeed, in a related context, examining vicarious liability for torts committed outside the scope of employment under Restatement (Second) of Agency § 219(2)(d) (1958), we noted that the Maine Law Court follows the plain meaning of that Restatement provision. See Costos v. Coconut Island Corp., 137 F.3d 46, 49 (1st Cir. 1998). We have no reason to believe that the plain meaning of Restatement § 228 would...

..., by a purpose to serve the master. . . ." Id. (citing Restatement (Second) of Agency § 228(1)); see also Butler v. Flo-Ron...perform." Restatement (Second) of Agency § 228(1)(a). Ismael argues that Camp's statement that he did not "authorize" the first letter constitutes "IUP's official denial of...limits." Restatement (Second) of Agency § 228(1)(b). Ismael does not make any contrary argument. C Ali's and Gibbs's...

..., 116 L.Ed.2d 301 (1991). Thus, Pennsylvania law controls here. Pennsylvania courts look to the general standard set forth in Restatement (Second) of Agency § 228 in...little actuated by a purpose to serve the master. Restatement (Second) of Agency § 228 ( quoted in Advanced Power Sys. Inc., 1994 WL 116121, at...underlying inquiry of whether the right violated exists at all. Id. at 147. Second, it placed special emphasis on authority — including out-of-circuit authority if necessary — addressing the...

...by the master. RESTATEMENT (SECOND) OF AGENCY § 228(1). Regarding the first prong of the Restatement, the District of Columbia law holds...actuated, at least in part, by a purpose to serve the master." RESTATEMENT (SECOND) OF AGENCY § 228(1). Conversely, conduct that...Cooksie and Little were employed to perform. See RESTATEMENT (SECOND) OF AGENCY § 228(1)(a). Although Kalil alleges numerous instances of disparate treatment by his supervisor...

... him to be fired from a Veterans' Hospital. Personal bias and malice were alleged. We held that Restatement (Second) of Agency § 228 provided the applicable tests for scope of...(Second) of Agency § 228 (1957): (1) Conduct of a servant is within the scope of employment if, but only if: (a) it is of...acting within the scope of his or her employment, is governed by the agency law of the forum state. Singleton, 277 F.3d at 870; Rector...

...Restatement (Second) of Agency § 228 (1958). The fact that the predominant motive of the agent is to benefit himself does not prevent the...act from coming within the scope of employment as long as the act is otherwise within the purview of his authority. Restatement (Second) of Agency § 236 comment b (1958). See.... Contract, Performance and breach. Consumer Protection Act, Unfair act or practice, Multiple damages, Responsibility of employer. Agency, Scope of authority or employment...

...beyond the orbit of his responsibilities as to excuse the employer. Restatement (Second) of Agency § 228 (1958). From the outside, at least, it looks as if he is doing his job, which is not the case...midwestern states. There were nine such representatives, six older than Lehnst, of whom five were in their fifties. Shortly after the acquisition, Asgrow hired a second sales...— although not respondeat superior. The Age Discrimination in Employment Act is not completely silent on the issue of agency. The Act imposes liability only on employers, but defines...

...purpose to serve the master. Restatement (Second) of Agency § 228. The Court of Appeals also listed as helpful the factors identified in section 229(2) of the..., 205 P.3d 905, 908 (2009) (observing that the Restatement (Third) has replaced the Restatement (Second), but that the newer version is largely consistent with the older one); see also Kirlin, 2008 SD 107, ¶ 65, 758 N.W.2d at 456 (Meierhenry, J., concurring) ("Although we still adhere to th[e test in the Restatement (Second) of Agency § 228], we.... While there is no bright-line rule, the several factors identified in the Restatement (Second) of Agency sections 228 and 229 provide proper guidance on the issue. Initially, the Defendant, a veteran...

.... 159 , 169, 450 A.2d 508 (1982) (quoting Restatement (Second) of Agency, § 228 (1957); see also Abbamont v. Piscataway Tp. Bd...., 146 N.J. 442 , 461, 680 A.2d 750 (1996). The former involves application of the Restatement (Second) of Agency § 228 criteria...[her] employment." Ibid. Second, by requiring its employees to park in a distant section of the lot in order that customers can enjoy the convenience of parking adjacent to the store, Abraham...