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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/resndacy0129 and id is 1 raw text is: AGENCY 2D Generally C.A.9, 2017. Cit. generally in ftn. In a dispute between insured employee and insurer arising from a life- insurance policy offered through an employee-welfare-benefit plan, this court reversed the district court's judgment in favor of insurer, holding that insurer had waived its right to enforce the plan's evidence-of-insurability requirement through the actions of employer, which acted as its agent. In making its decision, the court cited the Restatement Third of Agency, noting that the federal common law of agency had frequently been derived from the Restatement of Agency; the court cited by way of example a U.S. Supreme Court decision that relied on the Restatement Second of Agency to give meaning to the term scope of employment in the Copyright Act. Salyers v. Metropolitan Life Insurance Company, 871 F.3d 934, 939. N.D.Cal.2016. Cit. generally in case quot. in sup. In an action brought by creator of an internet-based hot-water-management system against its former vice-president, its former lead operations technician, and a competing business, this court denied former technician's motion to dismiss, holding that plaintiff had adequately pled a claim for breach of duty of loyalty, and rejecting technician's argument that only employees with managerial duties owed a duty of loyalty. The court cited caselaw, which noted that nothing in the Restatement Second of Agency indicated that ordinary employees did not have a duty of loyalty and concluded that lower-level employees, such as a sales clerk or laborer, owed a duty of loyalty to their employers. E.D.C. Technologies, Inc. v. Seidel, 216 F.Supp.3d 1012, 1016. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS § 1. Agency; Principal; Agent S.D.N.Y.2016. Quot. in case quot. in disc. Music-management company that had entered into an agreement for the sale of rights to songs subject to a valid copyright and had entered into an audit agreement for professional services regarding previously-paid royalties brought an action against, among others, estate of musician who wrote the songs, seeking a declaratory judgment that the agreements were not terminated and would continue in full force and effect. This court granted in part and denied in part defendants' motion to dismiss, holding that the sales agreement was invalid on its face and that it could not conclude as a matter of law whether the audit agreement was terminated. In discussing whether the audit agreement established an agency relationship with musician, the court noted the definition of agency set forth under Restatement Second of Agency § 1. Artists Rights Enforcement Corp. v. Estate of King, 224 F.Supp.3d 231, 237. A L Im For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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