· 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 CourtListenerSourced 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.