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

handle is hein.ali/resndacy0130 and id is 1 raw text is: 





                                    AGENCY 2D



Generally

C.A.4, 2018. Cit. generally in sup. In multidistrict litigation, consumers filed class actions against
manufacturers of home-security systems, alleging that manufacturers' authorized retailers made
telemarketing calls to consumers in violation of the Telephone Consumer Protection Act (TCPA), and
that manufacturers were vicariously liable for retailers' actions because they benefited from the calls and
authorized or ratified them. This court affirmed the district court's grant of summary judgment for
manufacturers, holding that consumers failed to rebut manufacturers' evidence that they repudiated
retailers' misconduct. The court noted that vicarious liability under the TCPA was governed by the
federal common  law of agency, which courts traditionally determined under principles set forth in the
Restatement Second  of Agency. Hodgin v. UTC  Fire & Security Americas Corp., Inc., 885 F.3d 243,
252.

E.D.Pa.2017. Cit. generally in disc. In a copyright-infringement action brought by a professional
photographer against textbook publisher that allegedly used licensed photographs-which were subject
to a representation agreement and sublicensed to defendant by a third-party licensee of plaintiff-in
unauthorized ways, this court denied defendant's motion to transfer venue based on a forum-selection
clause in the sublicense agreement, holding that defendant could not invoke the clause as a basis for
transfer, because plaintiff was not a party to the contract and had not asserted a breach-of-contract claim.
In determining that the representation agreement did not create a principal-agent relationship between
plaintiff and its licensee, the court noted that New York appeared to follow the Restatement Second of
Agency. Krist v. Pearson Education, Inc., 263 F.Supp.3d 509, 513.



                          CHAPTER 1. INTRODUCTORY MATTERS

                                    TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

E.D.Pa.2017. Com.  (b) quot. in sup. Professional photographer filed copyright-infringement claims
against textbook publisher, alleging that defendant used licensed photographs-which were subject to a
representation agreement and sublicensed to defendant by a third-party licensee of plaintiff-in
unauthorized ways. This court denied defendant's motion to transfer venue based on a forum-selection
clause in the sublicense agreement, holding that defendant could not invoke the clause as a basis for
transfer, because plaintiff was not a party to the contract and had not asserted a breach-of-contract claim.
In determining that the representation agreement did not give plaintiff the requisite control over its
licensee to create a principal-agent relationship, the court quoted Restatement Second of Agency § 1,
Comment   b, for the proposition that such a relationship depended on the parties' understanding that the
principal was in control and the agent was subject to the principal's will. Krist v. Pearson Education,
Inc., 263 F.Supp.3d 509, 513.




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

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