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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 42-3502

Citation
§ 42-3502
Parent Document
Benitez v Ogden Gardens et al. Final Order, No. TP-29189 (D.C. Off. Admin. Hr'gs)
Jurisdiction
DC (municipal)

Other Sections in This Document (905)

Full Text

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13 Other jurisdictions have not adopted the District of Columbia's requirement that corporate
officers or directors instigate or ratify culpable acts. In Exxon Shipping Co. v. Baker, 554 U.S.
_ , 128 S. Ct. 2605, 2616 (2008), an evenly divided Court upheld the Ninth Circuit's holding
that the reckless conduct of a vessel's master could be imputed to the corporate owner. The
appellee in that case argued that "a majority of States allow punitive damages for the conduct of
any employee, and most others follow the Restatement, imposing liability for managerial
agents." (Citing 4 RESTATEMENT (SECOND) OF TORTS § 909(c) (1977).) -41-
 Case No.: RH-TP-08-291 89