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

handle is hein.ali/rethrida0130 and id is 1 raw text is: AGENCY 3D CHAPTER 1. INTRODUCTORY MATTERS TOPIC 1. DEFINITIONS AND TERMINOLOGY § 1.01 Agency Defined W.D.Tenn.2017. Com. (e) quot. in sup. Insurer sued insurance agents who agreed to sell plaintiff s life- insurance policies in exchange for commissions, alleging that defendants breached the parties' contracts by failing to repay commissions earned on the sale of policies that were later surrendered by policyholders; defendants counterclaimed, alleging that they were entitled to retain some of the commissions based on plaintiff's failure to inform them of certain features of the policies that ultimately resulted in the surrender of all of the policies that defendants sold on behalf of plaintiff. This court granted summary judgment for plaintiff, holding, among other things, that plaintiff did not have a fiduciary duty to disclose the policy features at issue to defendants as a matter of law. The court reasoned, in part, that, while a principal had a duty to deal with its agent fairly and in good faith, that duty was not fiduciary in nature under Restatement Third of Agency § 1.01. Minnesota Life Insurance Company v. Financial Institution Consulting Corporation, 280 F.Supp.3d 1057, 1067. Ind.App.2018. Cit. in sup. In disciplinary proceedings, attorney was charged with misconduct arising from his solicitation of clients through a nonlawyer intermediary. After an evidentiary hearing, a hearing officer concluded that attorney violated the rules of professional conduct. On attorney's petition for review, this court issued an order suspending attorney from the practice of law for a period of not less than nine months, without automatic reinstatement. The court rejected attorney's argument that the nonlawyer intermediary acted independently and that he merely accepted referrals from the intermediary, holding that the evidence clearly and convincingly established an agency relationship between attorney and the intermediary within the meaning of Restatement Third of Agency §§ 1.01 and 1.03. Matter of Wray, 91 N.E.3d 578, 583. Mass.2017. Com. (f)(2) cit. in ftn. Former president and CEO of dissolved startup biotechnology company brought an action under Massachusetts' Wage Act against two former board members, seeking unpaid wages. Following a jury trial, the trial court entered judgment for plaintiff. This court reversed and granted defendants' motion for judgment notwithstanding the verdict, holding that the evidence was insufficient to impose personal liability on defendants, because they were not designated as company officers, they had limited authority to enforce plaintiff s employment agreement, and plaintiff, rather than individual board members, had expressly held management powers, including payroll functions. In explaining that an individual director of the board was not an agent of the corporation, the court noted that Restatement Second of Agency § 14C was more on point than Restatement Third of Agency § 1.01, Commentf(2). Segal v. Genitrix, LLC, 87 N.E.3d 560, 570. § 1.03 Manifestation Ind.App.2018. Cit. in sup. In disciplinary proceedings, attorney was charged with misconduct arising from his solicitation of clients through a nonlawyer intermediary. After an evidentiary hearing, a hearing 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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