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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/resndacy0129 and id is 1 raw text is: 





                                      AGENCY 2D





  Generally

  C.A.9, 2017. Cit. generally in ftn. In a dispute between insured employee and insurer arising from a life-
  insurance policy offered through an employee-welfare-benefit plan, this court reversed the district
  court's judgment in favor of insurer, holding that insurer had waived its right to enforce the plan's
  evidence-of-insurability requirement through the actions of employer, which acted as its agent. In
  making its decision, the court cited the Restatement Third of Agency, noting that the federal common
  law of agency had frequently been derived from the Restatement of Agency; the court cited by way of
  example a U.S. Supreme Court decision that relied on the Restatement Second of Agency to give
  meaning to the term scope of employment in the Copyright Act. Salyers v. Metropolitan Life
  Insurance Company, 871 F.3d 934, 939.

  N.D.Cal.2016. Cit. generally in case quot. in sup. In an action brought by creator of an internet-based
  hot-water-management  system against its former vice-president, its former lead operations technician,
  and a competing business, this court denied former technician's motion to dismiss, holding that plaintiff
  had adequately pled a claim for breach of duty of loyalty, and rejecting technician's argument that only
  employees with managerial duties owed a duty of loyalty. The court cited caselaw, which noted that
  nothing in the Restatement Second of Agency indicated that ordinary employees did not have a duty of
  loyalty and concluded that lower-level employees, such as a sales clerk or laborer, owed a duty of
  loyalty to their employers. E.D.C. Technologies, Inc. v. Seidel, 216 F.Supp.3d 1012, 1016.



                           CHAPTER 1. INTRODUCTORY MATTERS

                                     TOPIC   1. DEFINITIONS

  § 1. Agency; Principal; Agent

  S.D.N.Y.2016. Quot. in case quot. in disc. Music-management company that had entered into an
  agreement for the sale of rights to songs subject to a valid copyright and had entered into an audit
  agreement for professional services regarding previously-paid royalties brought an action against,
  among  others, estate of musician who wrote the songs, seeking a declaratory judgment that the
  agreements were not terminated and would continue in full force and effect. This court granted in part
  and denied in part defendants' motion to dismiss, holding that the sales agreement was invalid on its
  face and that it could not conclude as a matter of law whether the audit agreement was terminated. In
  discussing whether the audit agreement established an agency relationship with musician, the court
  noted the definition of agency set forth under Restatement Second of Agency § 1. Artists Rights
  Enforcement Corp. v. Estate of King, 224 F.Supp.3d 231, 237.






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

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