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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/rethrida0133 and id is 1 raw text is: AGENCY 3D CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined C.A.4, 2019. Quot. in sup. Consumer, who was on a Do-Not-Call registry, brought a class action against satellite-television company, alleging that defendant violated federal telemarketing statutes by employing a sales representative to telephone plaintiff. The district court entered judgment on a jury verdict for plaintiff. This court affirmed, holding, inter alia, that, based on its agency relationship with sales representative, defendant was liable for sales representative's violations of federal law. The court explained that, under the list of factors set forth in Restatement Third of Agency § 1.01, defendant had an agency relationship with the sales representative, because defendant had broad authority over the sales representative's business, the sales representative was authorized to use defendant's name and logo during its operations, and defendant knew about sales representative's illegal actions and took no action to ensure compliance with federal law. Krakauer v. Dish Network, L.L.C., 925 F.3d 643, 659-660. C.A.6, 2019. Rptr's Note (c) cit. in conc. op. Employee sued employer, seeking damages for injuries he allegedly sustained at work. The district court dismissed employee's complaint as a sanction for his and his attorney's conduct in refusing to answer questions at a court-ordered independent medical examination. Affirming, this court held that the record supported a finding that employee and his attorney both acted in bad faith and willfully violated the court's discovery order. The concurring opinion stressed that misconduct by a party was not a precondition to dismissing a case as a sanction for misconduct by the party's lawyer, because parties became bound by the actions of lawyers taken on their behalf with actual or apparent authority under the Restatement Third of Agency and the Restatement Third of the Law Governing Lawyers. Mager v. Wisconsin Central Ltd., 924 F.3d 831, 841. C.A.8, 2019. Cit. in sup. and in ftn. Recipients of telemarketing calls brought a class action against, among others, owner of investor company, alleging, inter alia, that defendant was directly liable for violations of federal telemarketing regulations, because his company hired a telemarketing contractor to call plaintiffs as part of a marketing scheme. The district court entered judgment on a jury verdict for plaintiffs. This court affirmed, holding that the district court did not err in rejecting plaintiffs' jury instructions regarding defendant's direct liability, because plaintiffs incorrectly stated the law to allow the jury to find defendant directly liable even though he did not initiate the calls. The court explained that defendant was vicariously liable under Restatement Third of Agency § 1.01, because he hired the telemarketing contractor that violated federal regulations, and his company could be vicariously liable because he entered into the contract with the telemarketing contractor while acting in his capacity as an officer of the company. Golan v. FreeEats.com, Inc., 930 F.3d 950, 961. C.A.9, 2019. Com. (c) cit. in diss. op. Former employee sued former employer, alleging, among other things, wrongful and discriminatory failure-to-promote. The district court granted employer's motion in COPYRIGHT 02020 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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