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· 6/10/1986

Rebecca J. Schofield v. First Commodity Corporation of Boston, Rebecca J. Schofield v. First Commodity Corporation of Boston

Citations

  • 793 F.2d 28
  • 1986 U.S. App. LEXIS 26050

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • limiting the circumstances under which corporate liability can attach in a RICO action
  • “We think it inappropriate to use resyondeat suyerior to accomplish indirectly what we have concluded the statute directly denies”
  • extent to which statute incorporates common law principles of agency liability depends on the extent to which the principles are consistent with the statute’s language and purposes
  • extent to which statute incorporates common law principles of agency liability depends on the extent to which the principles are consistent with the statute’s language and purposes
  • “[S]ection 1962(c) requires that the culpable person be ‘employed by or associated with’ an enterprise; we think it stretches the language too far to suggest that a corporation can be employed by or associated with itself.”
  • “Both the language” of the RICO Act “and the articulated primary motivation” show that “the concept of vicarious liability” or even “a modified version . . . requiring some level of scienter” would be “directly at odds” with the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Coffin, Bownes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.