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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/rethrida0131 and id is 1 raw text is: AGENCY 3D Generally C.A.9, 2018. Cit. generally in case cit. in sup. In an action for judicial review of an ERISA plan administrator's denial of a claim for coverage for beneficiary's leg amputation, this court reversed the district court's decision, holding that coverage should not have been denied on grounds of a pre-existing condition of diabetes, because the record did not demonstrate that beneficiary's diabetic condition substantially caused or contributed to the loss of his leg. The court noted that federal courts often turned to the Restatement Third of Agency for guidance in formulating federal common law in the context of ERISA. Dowdy v. Metropolitan Life Insurance Company, 890 F.3d 802, 809. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined C.A.2, 2018. Com. (c) quot. in sup. Non-profit designer of educational materials that it sold in book form and released without charge, subject to a public license that permitted reproduction for non- commercial purposes only, sued operator of commercial print shops, alleging that defendant infringed plaintiff s copyright by reproducing the materials in the course of its for-profit business at the request of certain school districts that were exercising their noncommercial-use rights under the license. The district court granted defendant's motion to dismiss. Affirming, this court held that, under non-exclusive copyright licenses like the one at issue, licensees could use the assistance of third parties such as defendant in exercising their rights unless the license clearly stated otherwise. The court rejected plaintiff s argument that defendant acted as a licensee in its own right when it reproduced the materials for profit, explaining that defendant acted as a non-employee agent of the school districts under principles of agency set forth in Restatement Third of Agency § 1.01. Great Minds v. Fedex Office and Print Services, Inc., 886 F.3d 91, 95. C.A.9, 2018. Cit. and quot. in disc. Former airline maintenance technician filed a lawsuit against airline company and union, alleging that defendants retaliated against him for whistleblowing; defendants filed motions to compel arbitration pursuant to an arbitration provision in a settlement agreement between plaintiff and airline company in a previous whistleblowing action. The district court granted defendants' motion to compel arbitration. This court reversed in part, holding, inter alia, that union could not compel arbitration based on the settlement agreement, because it was not an agent of airline company. The court cited Restatement Third of Agency § 1.01 in explaining that union's activities in representing airline employees were not done on airline company's behalf and under airline company's control, which disqualified union from being airline company's agent. American Airlines, Inc. v. Mawhinney, 904 F.3d 1114, 1123, 1124. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI 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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