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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/resndacy0136 and id is 1 raw text is: AGENCY 2D Generally C.A.10, 2020. Cit. generally in cases cit. in ftn. Farm workers sued agricultural employer, alleging, inter alia, that defendant breached an employment agreement entered into between the parties through a labor contractor and violated federal agricultural-labor statutes when labor contractor abruptly terminated plaintiffs' employment. The district court granted defendant's motion for summary judgment. This court reversed in part and remanded, holding that the district court erred in finding that labor contractor's breach of the parties' employment agreement could not be attributed to defendant, because a reasonable jury could find that labor contractor was defendant's agent. The court noted that it looked to federal rather than state common law in determining whether there was a principal-agent relationship between defendant and labor contractor for the purpose of attributing labor contractor's violation of federal law onto defendant, but the two sources of law were effectively identical in this instant case, because they both drew agency principles from the Restatement Second of Agency and the Restatement Third of Agency. Alfaro-Huitron v. Cervantes Agribusiness, 982 F.3d 1242, 1259. W.D.Ky.2020. Cit. generally in sup. After former employee filed various claims against former employer in connection with its termination of her employment; employer counterclaimed, alleging breach of the duty of loyalty. This court granted in part employee's motion for summary judgment, holding that employer could not pursue the equitable remedy of salary disgorgement against employee. The court noted that, while the Restatement Second of Agency provided for disgorgement of compensation received by an agent who breached the duty of loyalty, employer failed to show that employee received any ill-gotten profits as a result of her disloyal conduct; on the contrary, employee generated millions of dollars in sales for employer during her period of alleged disloyalty. Henderson v. Skyview Satellite Networks, Inc., 474 F.Supp.3d 893, 909. Mo.App.2021. Cit. generally in case cit. in sup. After personal-liability insurer denied coverage for insured in her underlying probate action for her failure to provide timely notice, insured sued, among others, insurance broker and agent who procured insurance on insured's behalf, alleging that agent breached his fiduciary duties owed to plaintiff by failing to provide notice to insurer upon plaintiff's communication to agent regarding the underlying case. The trial court granted defendants' motion to dismiss. This court reversed and remanded, holding that plaintiff alleged sufficient facts that agent owed a personal duty to plaintiff, because she alleged that she and agent had a longstanding and personal relationship and that agent agreed to personally handle insurance-related communications on plaintiff's behalf. Citing the Restatement Second of Agency and Restatement Third of Agency, the court explained that agent's breach of duty to broker was not an independent basis for his tort liability to plaintiff, but his breach of fiduciary duties owed to plaintiff could form such a basis. Murray-Kaplan v. NEC Insurance, Inc., 617 S.W.3d 485, 496. CHAPTER 1. INTRODUCTORY MATTERS COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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