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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/rethrida0137 and id is 1 raw text is: AGENCY 3D Generally Okl.App.2020. Cit. generally in case cit. in ftn. Employment candidate sued university, alleging that defendant breached the parties' employment agreement by declining to employ plaintiff after he accepted an offer letter sent by university department chair. The trial court entered judgment on a jury verdict for plaintiff. This court reversed and remanded, holding that there was no valid employment agreement between the parties, because department chair lacked the authority to enter into a binding contract on defendant's behalf In making its decision, the court noted that Oklahoma frequently looked to the Restatement Third of Agency to resolve agency issues. Franco v. State ex rel. Board of Regents of University of Oklahoma, 482 P.3d 1, 14. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined C.A.7, 2021. Cit. in sup.; com. (c) quot. in sup. Consumer sued health insurer and its contractor, alleging that contractor hired telemarketers to place unauthorized robocalls selling health insurance to consumer and others in violation of the Telephone Consumer Protection Act and the Illinois Automatic Telephone Dialing Act. The district court granted insurer and contractor's motion to dismiss, finding that consumer failed to plausibly allege that the telemarketers were agents of insurer or contractor such that insurer or contractor were vicariously liable for the telemarketers' actions. This court reversed and remanded, holding that consumer stated a plausible claim for relief under an actual authority theory of agency liability. The court reasoned that consumer's allegations supported an inference that insurer authorized the telemarketers to act on its behalf and subject to its control such that an agency relationship existed under Restatement Third of Agency §§ 1.01 and 2.01. Bilek v. Federal Insurance Company, 8 F.4th 581, 588, 591. C.A.Fed.2021. Quot. in case quot. in sup. Owner of a patent for inventions directed to displaying articles on a webpage filed an infringement action in the Eastern District of Texas against, among others, business that sold apparel and beauty products, subsidiary that operated its retail stores, and related entities that managed its website and mobile application. The district court granted in part defendants' motion to dismiss related entities for improper venue, finding that, while subsidiary operated stores in the District, related entities did not have any employees, stores, or physical presence in the District. Affirming, this court held, among other things, that employees of the stores were not agents of related entities under Restatement Third of Agency § 1.01. The court reasoned, in part, that while subsidiary accepted returns purchased on business' website, plaintiff failed to show that related entities exercised the degree of control over the stores and the return process that was required for the existence of an agency relationship. Andra Group, LP v. Victoria's Secret Stores, L.L.C., 6 F.4th 1283, 1287. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America i L For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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