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

handle is hein.ali/rethrida0129 and id is 1 raw text is: AGENCY 3D Generally 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 looked to caselaw that relied on Restatement Second of Agency and Restatement Third of Agency in concluding 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. D.Kan.2017. Cit. generally in sup. Cattle seller sued buyer, seeking payment for cattle that buyer's purported agent purchased on behalf of buyer at seller's livestock auction. This court denied buyer's motion to dismiss, holding that seller alleged sufficient facts that, if proven true, could support a plausible finding of a principal-agent relationship between agent and buyer, and that agent had authority to contract with seller on buyer's behalf. The court relied on a Kansas Supreme Court opinion that employed the Restatement's two-step process for determining whether an alleged agent could bind an alleged principal in a contract, which involved identifying whether there was an agency relationship between the alleged agent and the alleged principal, and, if so, whether the agent's acts were within the scope of the agent's authority or were otherwise binding on the principal. Rezac Livestock Commission Company, Inc. v. Pinnacle Bank, 255 F.Supp.3d 1150, 1159, 1160, 1167, 1168. S.D.Ohio, 2016. Cit. generally in disc. and in cases cit. in disc. In a purported class action brought under the Telephone Consumer Privacy Act (TCPA) by consumer against company that he alleged contracted with telemarketing company that placed calls to a number he had listed on the national Do Not Call Registry, this court granted defendant's motion to dismiss for lack of personal jurisdiction, holding unrefuted evidence demonstrated that there was no principal-agent relationship between defendant and telemarketing company and defendant could not have ratified telemarketer's conduct. In making its decision, the court relied on the Restatement Third of Agency, noting that the Sixth Circuit had relied on the Restatement in the past, including in cases arising under the TCPA. Johansen v. Homeadvisor, Inc., 218 F.Supp.3d 577, 585. CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined AwiL For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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