Case Citations [i]

handle is hein.ali/rethrida0127 and id is 1 raw text is: 





                                       AGENCY 3D





   Generally

   Ariz.App.2016.  Cit. generally in ftn. In a case where assisted-living resident's son, as representative of
   his mother's estate, brought various claims against facility, and defendant sought to resolve the dispute
   pursuant to an arbitration agreement that son signed on mother's behalf, the Arizona Supreme Court
   stated that Arizona applied the Restatement Third of Agency unless it was contrary to prior precedent.
   The  court held that son did not have the authority to enter into an arbitration agreement on behalf of his
   mother, because defendant had not met its burden to show that mother had manifested assent to the
   creation of an agency relationship with son. Escareno v. Kindred Nursing Centers West, L.L.C., 366
   P.3d 1016, 1019.



                             CHAPTER 1. INTRODUCTORY MATTERS

                           TOPIC   1. DEFINITIONS AND TERMINOLOGY

     1.01 Agency Defined

    C.A.5, 2016. Com. (c) quot. in sup. Instructor for Junior Reserve Officers' Training Corps who worked
    at a parish school filed, inter alia, a retaliation claim under the False Claims Act (FCA) against parish
    school board, alleging that school principal retaliated against plaintiff by criticizing his performance,
    spreading false rumors, and orchestrating his transfer to another school because plaintiff reported that
    the school was misappropriating federal funds. The district court granted defendant's motion to dismiss.
    This court reversed in part, holding that plaintiff pleaded sufficient facts to state an FCA retaliation
    claim. Citing Restatement Third of Agency  1.01, Comment c, the court concluded that plaintiff alleged
    sufficient facts to support his claim that he was defendant's contractor or agent, even though he was on
    active military duty and was paid by the Marine Corps, because he performed duties similar to school
    employees and was supervised and evaluated by principal. U.S. ex rel. Bias v. Tangipahoa Parish School
    Bd., 816 F.3d 315, 325.

    N.D.Cal.2015. Quot. in sup., com. (f)(2) and Rptr's Notes to com. (f)(2) quot. in sup. Former employee
    brought a whistleblower claim against former employer and individual members of employer's board,
    contending that he was wrongfully terminated in violation of the Sarbanes-Oxley Act in retaliation for
    investigating and reporting possible violations of the Foreign Corrupt Practices Act. This court granted
    in part defendants' motion to dismiss, holding that, while individual members of employer's board were
    potentially liable for engaging in retaliatory conduct under the Sarbanes-Oxley Act, plaintiff's claims
    against all but one of the individual members were untimely. The court noted that, although Restatement
    Third of Agency  1.01, Commentf(2) indicated that directors were neither the shareholders' agents nor
    the corporation's agents, the Reporter's Notes to  1.01 also acknowledged that some commentators





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

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