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Case Citations (March 2016 through June 2016) [i] (2016)

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                                     AGENCY 2D





 Generally

 D.N.M.2015.  Cit. generally in sup., cit. generally in case quot. in sup., cit. generally in ftn. Female
 prisoner brought a § 1983 action against corporation that operated the correctional facility where she
 was imprisoned, alleging that defendant was vicariously liable for the sexual assault and battery that its
 correctional officer committed against plaintiff. This court denied defendant's motion for judgment on
 the pleadings, holding that plaintiff sufficiently stated a claim for relief. The court relied on Restatement
 Second of Agency  § 219(2)(d), which had been adopted by the Supreme Court of New Mexico, to
 determine that plaintiff's aided-in-agency theory could proceed to trial. The court declined to follow the
 Restatement Third of Agency, which did not contain the aided-in-agency theory, noting that New
 Mexico often relied upon Restatement Second of Agency for issues of respondeat superior. Pena v.
 Greffet, 110 F.Supp.3d 1103, 1123, 1129, 1133, 1138, 1139.

 Wash.2015.  Cit. generally in disc. Texas resident sued Washington debt-collection corporation and
 Illinois insurer of a vehicle that was involved in an accident with plaintiff's son, alleging that
 corporation sent debt-collection letters for the amount insurer paid to insured and implied that a debt was
 due and was not a potential claim. The district court certified two questions to the supreme court
 regarding plaintiff s claim under Washington's Consumer Protection Act. This court answered the
 certified questions in the affirmative, holding that a nonresident plaintiff could bring a claim against a
 Washington  corporate defendant and an out-of-state defendant for the deceptive acts of its in-state agent.
 The court noted that the issue of whether defendants had an agency relationship required an analysis
 under Restatement Second of Agency, which could be resolved in the district court. Thornell v. Seattle
 Service Bureau, Inc., 184 Wash.2d 793, 798, 363 P.3d 587, 590.



                           CHAPTER 1. INTRODUCTORY MATTERS

                                     TOPIC   1. DEFINITIONS

 § 1. Agency; Principal; Agent

 D.Colo.2015. Subsec. (1) quot. in case quot. in sup. Licensed real-estate broker sued employer that hired
 him to act as director of sales and marketing for timeshares at a luxury condominium resort, alleging that
 defendant wrongfully terminated him in violation of public policy after he communicated certain
 purchase offers, which had been withheld by defendant, to the resort owner in accordance with his
 statutory duty to do so. This court denied defendant's motion for summary judgment, holding, among
 other things, that a reasonable jury could find that plaintiff satisfied his statutory duty as a transaction-
 broker to communicate the offers to the seller of the timeshares when he disclosed the purchase offers
 to two individuals who had ownership and/or investment interests in an agent of the resort owner, and by
 extension, in the resort. The court cited Restatement Second of Agency § 1 in reasoning that the two



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

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