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

handle is hein.ali/resndacy0130 and id is 1 raw text is: AGENCY 2D Generally C.A.4, 2018. Cit. generally in sup. In multidistrict litigation, consumers filed class actions against manufacturers of home-security systems, alleging that manufacturers' authorized retailers made telemarketing calls to consumers in violation of the Telephone Consumer Protection Act (TCPA), and that manufacturers were vicariously liable for retailers' actions because they benefited from the calls and authorized or ratified them. This court affirmed the district court's grant of summary judgment for manufacturers, holding that consumers failed to rebut manufacturers' evidence that they repudiated retailers' misconduct. The court noted that vicarious liability under the TCPA was governed by the federal common law of agency, which courts traditionally determined under principles set forth in the Restatement Second of Agency. Hodgin v. UTC Fire & Security Americas Corp., Inc., 885 F.3d 243, 252. E.D.Pa.2017. Cit. generally in disc. In a copyright-infringement action brought by a professional photographer against textbook publisher that allegedly used licensed photographs-which were subject to a representation agreement and sublicensed to defendant by a third-party licensee of plaintiff-in unauthorized ways, this court denied defendant's motion to transfer venue based on a forum-selection clause in the sublicense agreement, holding that defendant could not invoke the clause as a basis for transfer, because plaintiff was not a party to the contract and had not asserted a breach-of-contract claim. In determining that the representation agreement did not create a principal-agent relationship between plaintiff and its licensee, the court noted that New York appeared to follow the Restatement Second of Agency. Krist v. Pearson Education, Inc., 263 F.Supp.3d 509, 513. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS § 1. Agency; Principal; Agent E.D.Pa.2017. Com. (b) quot. in sup. Professional photographer filed copyright-infringement claims against textbook publisher, alleging that defendant used licensed photographs-which were subject to a representation agreement and sublicensed to defendant by a third-party licensee of plaintiff-in unauthorized ways. This court denied defendant's motion to transfer venue based on a forum-selection clause in the sublicense agreement, holding that defendant could not invoke the clause as a basis for transfer, because plaintiff was not a party to the contract and had not asserted a breach-of-contract claim. In determining that the representation agreement did not give plaintiff the requisite control over its licensee to create a principal-agent relationship, the court quoted Restatement Second of Agency § 1, Comment b, for the proposition that such a relationship depended on the parties' understanding that the principal was in control and the agent was subject to the principal's will. Krist v. Pearson Education, Inc., 263 F.Supp.3d 509, 513. For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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