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

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                                    AGENCY 3D



Generally

C.A.9, 2019. Cit. generally in disc. Borrower brought a lawsuit against owner of student loans, alleging
that defendant was vicariously liable for the violations of federal statutes on telephone use committed by
its loan servicers in pursuing loan repayments from plaintiff. The district court granted defendant's
motion for summary judgment. This court reversed and remanded, holding that there was a genuine
dispute of material fact as to whether defendant had become loan servicers' principal by ratifying their
actions. In making its decision, the court noted that, generally, it would look to the Restatement Third of
Agency  for common-law  agency principles. Henderson v. United Student Aid Funds, Inc., 918 F.3d
1068, 1072-1073.



                          CHAPTER 1. INTRODUCTORY MATTERS

                        TOPIC  1. DEFINITIONS AND TERMINOLOGY

§ 1.01 Agency Defined

C.A.5, 2018. Com. (f) quot. in disc. After assignee of home equity loan brought a judicial foreclosure
action against homeowner, alleging that homeowner failed to make timely payments on the loan,
homeowner  counterclaimed against assignee and filed third-party complaints against loan servicer and
bank that issued the loan, alleging, inter alia, that bank was vicariously liable for loan servicer's failure
to comply with the Real Estate Settlement Procedures Act (RESPA). The district court granted bank's
motion to dismiss. This court affirmed, holding that the RESPA only imposed statutory duties on loan
servicers, and not on non-servicing banks that issued the loan. The court explained that, even if the
RESPA   made it possible for bank to be vicariously liable for servicer's noncompliance, homeowner
failed to establish that bank had the right to control servicer's actions, which was required to properly
allege a principal-agency relationship under Restatement Third of Agency § 1.01, Commentf.
Christiana Trust v. Riddle, 911 F.3d 799, 803.

C.A.7, 2019. Quot. in case quot. in sup. After being charged for the robbery of several cell-phone stores,
criminal defendant filed a motion to suppress cell-tower information obtained by cell-phone company
and given to the government, alleging that cell-phone company acted as the government's agent and
obtained the information without a warrant in violation of the Fourth Amendment. The district court
entered judgment on a jury verdict against defendant. This court affirmed, holding, inter alia, that
defendant failed to demonstrate that cell-phone company acted as the government's agent. The court
cited Restatement Third of Agency §§ 1.01 and 4.01 in explaining that there was no agency relationship
between cell-phone company  and the government, because cell-phone company did not act in the
interests of the government when it obtained the cell-tower data, but instead acted in its own interests to
prevent more robberies and to recover its property. United States v. Adkinson, 916 F.3d 605, 610.


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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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