Legal Opinion
Faiella v. Fed. Natl Mortgage Assoc.
Court of Appeals for the First Circuit
Decided June 26, 2019No. 18-1063PPublishedCited by 28 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The Merrill doctrine requires a showing of actual authority as a basis for holding a federal instrumentality vicariously liable for the acts of its agents. See Fed. Crop Ins. Co. v. Merrill , 332 U.S. 380 , 384, 68 S.Ct. 1 , 92 L.Ed. 10 (1947). It follows that such an instrumentality cannot be held vicariously liable for acts of its agents that were not actually authorized even if a private principal could be held liable in the same or similar circumstances under a theory of apparent authority. See id. The case at hand arises against this backdrop and presents a question…
2Cases cited38 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Sergeant Perry Watkins v. United States ArmyCourt of Appeals for the Ninth Circuit · 1989
- Richard L. Sandstrom, Etc. v. Chemlawn CorporationCourt of Appeals for the First Circuit · 1990
33 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Mcintyre v. RentGrow, Inc.Court of Appeals for the First Circuit · 2022
- Diaz v. City of SomervilleCourt of Appeals for the First Circuit · 2023
- Suzuki v. Abiomed, Inc.Court of Appeals for the First Circuit · 2019
- Zeigler v. RaterCourt of Appeals for the First Circuit · 2019
- Montilla v. Federal Nat'l Mortgage Ass'nCourt of Appeals for the First Circuit · 2021
23 more not listed; retrieve them via the Exa API.