Case Citations [1]

handle is hein.ali/rethrida0128 and id is 1 raw text is: 





                                      AGENCY 3D





                           CHAPTER 1. INTRODUCTORY MATTERS

                         TOPIC   1. DEFINITIONS AND TERMINOLOGY

   1.01 Agency Defined

  C.A.9, 2017. Quot. in sup. Purchasers of boat motors brought an action against, among others, company
  that developed and manufactured the motors in Japan and whose subsidiary imported and marketed the
  motors in California, alleging that defendant was aware, prior to the sales to plaintiffs, that the motors
  contained a design defect that caused them to fail early in the engines' expected lifespans. The district
  court granted defendant's motion to dismiss for lack of personal jurisdiction. This court affirmed,
  holding that, for purposes of specific jurisdiction, the subsidiary's contacts with California could not be
  attributed to defendant under an agency theory. Quoting Restatement Third of Agency  1.01, the court
  explained that, even if an agency relationship could justify the exercise of specific jurisdiction, plaintiffs
  failed to establish a prima facie case for an agency relationship between defendant and the subsidiary,
  because they did not allege or show that defendant had the right to control the subsidiary's activities in
  any matter. Williams v. Yamaha Motor Co. Ltd., 851 F.3d 1015, 1024.

  C.A.11, 2017. Com. (c) quot. in sup. Lessor of telecommunications equipment brought an action against
  the government of Belize, seeking millions of dollars in unpaid rent based on the parties' lease
  agreement, which was entered into on behalf of defendant by a government minister. The district court
  granted defendant's motion to dismiss; the court of appeals vacated and remanded. On remand, the
  district court denied defendant's motion to dismiss. Affirming, this court held that defendant was bound
  by a sovereign-immunity waiver contained in the agreement. Citing Restatement Third of Agency 
  1.01 and 4.01, the court explained that, regardless of whether the minster had actual authority to enter
  into the agreement, defendant ratified his action by making payments in accordance with the lease
  schedules for two concurrent five-year leases and by retaining its benefits under the agreement. GDG
  Acquisitions LLC v. Government of Belize, 849 F.3d 1299, 1308.

  C.A.D.C.2016. Com.  (c) quot. in sup. Family members and estate of U.S. national who was killed in a
  shooting attack in Jerusalem brought an action against the Palestinian Interim Self-Government
  Authority (PA) and the Palestine Liberation Organization, alleging claims under the Anti-Terrorism
  Act and related common-law theories. The district court granted defendants' motion for summary
  judgment. This court affirmed, holding that the district court did not abuse its discretion in excluding a
  passage from a nonfiction book that recounted ajournalist's prison interview with a Palestinian prisoner
  who implicated a former soldier in the shooting. Citing Restatement Third of Agency  1.01, Comment
  c, the court explained that the district court did not abuse its discretion by concluding that the prisoner
  was not an employee of PA and that the prisoner's statement in the book was not a party admission,
  because plaintiffs did not offer any evidence that, at the time of the statement, PA had a right to control
  prisoner's conduct. Gilmore v. Palestinian Interim Self-Government Authority, 843 F.3d 958, 970.




mA L 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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