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                                      AGENCY 2D





  Generally

  Ct.Fed.Cl.2015. Cit. generally in disc. Contractor filed a petition for compensation under the National
  Childhood Vaccine Injury Act against the U.S. Secretary of Health and Human Services, alleging that he
  developed Guillain-Barre Syndrome as a result of the influenza vaccine he received while working in
  Afghanistan for the U.S. Department of Defense. This court denied plaintiff's motion to review a special
  master's decision to dismiss his petition, holding that plaintiff was not an employee of the United States,
  and thus was not eligible for compensation under the statute. The court rejected plaintiff's argument that
  the special master improperly consulted the Restatement Second of Agency, among other materials,
  explaining that using such materials was within the bounds of judicial notice as they contained
  commonly  known  information which did not need to be proven; and such research was necessary given
  the principle of stare decisis. Griffin v. Secretary of Health and Human Services, 124 Fed.Cl. 101, 106,
  107.

  D.Ariz.2010. Cit. generally in case quot. in sup. In a trademark dispute brought by car manufacturer
  against company that sold parts and services for preowned cars made by manufacturer, this court granted
  in part plaintiff's motion for summary judgment, holding that an enforceable settlement existed between
  the parties, and that questions of fact remained as to whether defendant was liable for breach of contract
  or breach of the implied duty of good faith and fair dealing in connection with the settlement. In making
  its decision, the court relied on provisions of the Restatement Second of Contracts and the Restatement
  Second of Agency, noting that, absent controlling law to the contrary, Arizona courts generally followed
  the Restatements of the Law. BMW  of North America, LLC v. Mini Works, LLC,  166 F.Supp.3d 976,
  982.



                            CHAPTER 1. INTRODUCTORY MATTERS

                                      TOPIC   1. DEFINITIONS

  § 1. Agency; Principal; Agent

  C.A.10, 2016. Subsec. (1) quot. in case quot. in sup. In a dispute arising from a stranger-originated-life-
  insurance-policy scheme, insurer sued insured who purchased a policy on his own life through an
  insurance agency by means of a loan from investor, seeking to rescind the policy based on alleged
  misrepresentations in insured's application; investor intervened as a defendant. This court granted
  summary  judgment for plaintiff on its rescission claim, rejecting defendants' argument that plaintiff
  waived its right to rescind the policy because the insurance agency, as plaintiff s agent, was responsible
  for inserting the inaccuracies into insured's application. Affirming, this court held that the insurance
  agency was not plaintiff's agent for imputation purposes. The court cited the definition of agency set
  forth in Restatement Second of Agency § 1 in reasoning that defendants did not identify any particular



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

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