Restatement (Second) Of Agency

34 Florida cases classified under this topic · sorted by citation count · browse and sort

• Local 777, Democratic Union Org. Comm., Seafarers Int'l Union OF N. Am., AFL-CIO v. Nat'l Labor Relations Bd.
  603 F.2d 862· D.C. Cir.· 1978-10-20 ·cited 101×
  The court held that the lessee cab drivers are independent contractors, not employees, and therefore the companies are not required to bargain with the union representing them.
• Lubbock Feed Lots, Inc. v. Iowa Beef Processors, Inc.
  630 F.2d 250· 5th Cir.· 1980-11-10 ·cited 87×
  The court held that feedlot operators, acting as agents with an interest in the contract and as party promisees, are the real parties in interest under Texas law and thus have standing to sue the packer for unpaid cattle purchases.
• Grady Allen v. Zurich Ins. Co.
  667 F.2d 1162· 4th Cir.· 1982-01-08 ·cited 61×
  The court affirmed the judgment notwithstanding the verdict, not on the basis of the employee exclusion, but on the grounds of judicial estoppel due to the plaintiff's contradictory prior assertion of employee status.
• Scelta v. Delicatessen Support Servs., Inc.
  57 F. Supp. 2d 1327· M.D. Fla.· 1999-06-03 ·cited 44×
  The court held that the plaintiff sufficiently alleged a prima facie case of sexual harassment under Title VII and the FCRA, and that the defendants' motions to dismiss were denied as to those claims.
• R.R. Yardmasters of Am. v. Harris
  721 F.2d 1332· D.C. Cir.· 1983-11-10 ·cited 43×
  The court held that the panel's interpretation of the Railway Labor Act's delegation provision, allowing indefinite delegation of all Board authority to a single member, is not authorized by the statute.
• Diplomat Elec., Inc. v. Westinghouse Elec. Supply Co.
  378 F.2d 377· 5th Cir.· 1967-05-29 ·cited 32×
  The court held that the lower court erred in granting summary judgment because the alleged defamatory statements, both written and oral, were actionable per se and did not require proof of special damages. Genuine issues of fact existed for trial.
• Esso Int'l, Inc. v. The SS Captain John
  443 F.2d 1144· 5th Cir.· 1971-05-26 ·cited 22×
  A prohibition-against-liens clause in a preferred ship mortgage does not preclude the owner or authorized agent from creating valid maritime liens subordinate to the mortgage. The Bankruptcy Act preserves the liability of co-debtors.
• Keithley Edwards v. Born
  792 F.2d 387· 3d Cir.· 1986-06-11 ·cited 20×
  The court held that the district court erred in enforcing the settlement agreement solely on the basis of apparent authority without fully considering implied actual authority, and that the record lacked sufficient evidence of client representations to establish apparent authorit
• Freeman v. Decio
  584 F.2d 186· 7th Cir.· 1978-09-20 ·cited 20×
  The court held that Indiana law does not recognize a derivative cause of action for a corporation to recover profits from insider trading, and affirmed the grant of summary judgment for the defendants.
• Nat'l Am. Corp. v. Fed. Republic OF Nigeria & Cent. Bank of Nigeria
  597 F.2d 314· 2d Cir.· 1979-03-30 ·cited 19×
  The court held that reformation is not appropriate when a written agreement accurately reflects the parties' intent, even if that intent was induced by fraud or misrepresentation regarding external facts.
• The MAY Dep't Stores Co. v. Nat'l Labor Relations Bd.
  707 F.2d 430· 9th Cir.· 1983-06-01 ·cited 18×
  The court held that the Regional Director abused his discretion by dismissing objections to an NLRB election without an evidentiary hearing, as substantial and material issues regarding union agency and the coercive impact of threats were raised.
• Armstrong v. Republic Realty Mortg. Corp.
  631 F.2d 1344· 8th Cir.· 1980-09-18 ·cited 16×
  The court held that Republic breached its fiduciary duty as Fortune's agent during prepayment negotiations by acting with a conflict of interest and seeking personal profit, justifying punitive damages.
• C. Q. Farms, Inc. v. Cargill Inc.
  363 So. 2d 379· Fla. 1st DCA· 1978-10-03 ·cited 16×
  C.Q. Farms appeals directed verdicts in favor of Cargill on contract breach claims, alleging Cargill promised a $250,000 line of credit in exchange for a security lien on C.Q.'s accounts receivable, but later claimed only $150,000 was approved. The appellate court reverses, holdi
• William B. Tanner Co., Inc. v. Wioo, Inc.
  528 F.2d 262· 3d Cir.· 1975-11-26 ·cited 16×
  The court held that the plaintiff's damages should be calculated based on the lower wholesale rate for the spots, and that the case should be remanded to determine if the defendant is entitled to a credit for the time during which no spots were requested.
• Nat'l Labor Relations Bd. v. L & J Equip. Co., Inc.
  745 F.2d 224· 3d Cir.· 1984-09-28 ·cited 12×
  The court held that the Board applied improper standards in determining the agency status of in-house organizing committee members and in assessing the atmosphere of fear and coercion, requiring remand.
• United States v. Snepp
  595 F.2d 926· 4th Cir.· 1979-03-20 ·cited 12×
  The court held that the government's claim for damages was primarily equitable in nature, seeking unjust enrichment, and thus did not necessitate a jury trial, even though punitive damages were mentioned.
• First Fid. Bank, N.A. v. The Gov't OF Antigua & Barbuda-Permanent Mission
  877 F.2d 189· 2d Cir.· 1989-06-07 ·cited 9×
  The dissenting judge would affirm the default judgment, finding that an ambassador's inherent agency power should bind the foreign government in ordinary commercial transactions, and that Antigua waived sovereign immunity.
• Attorney General of the United States v. Irish People, Inc.
  796 F.2d 520· D.C. Cir.· 1986-07-25 ·cited 6×
  The court held that disputed issues of material fact regarding whether The Irish People, Inc. acts as an agent of a foreign principal under FARA require a trial, but affirmed the district court's rejection of the selective prosecution defense.
• Cruickshank & Co. v. Stavros K. Sorros
  765 F.2d 20· 2d Cir.· 1985-06-17 ·cited 4×
  The court held that a party cannot be held liable for conversion if they lacked possession or the right to immediate possession of the chattel, and that an agent is not liable for their principal's breach of contract.
• Fed. Pants, Inc. v. Stocking
  762 F.2d 561· 7th Cir.· 1985-05-22 ·cited 4×
  The court held that the agency relationship terminated when Nike ended D-S Enterprises' dealership, and that D-S Enterprises was not obligated to sell settlement goods to Federal Pants due to Federal Pants' inability to finance the purchase. Federal Pants' stop payment order was
• M. K. Metals, Inc. v. Container Recovery Corp.
  645 F.2d 583· 8th Cir.· 1981-03-17 ·cited 4×
  The court held that the jury instructions were prejudicial error because they failed to adequately present M. K. Metals' theory that the letter of credit was a condition precedent to performance rather than a requirement for contract formation.
• Publicker Indus., Inc. v. Roman Ceramics Corp.
  652 F.2d 340· 3d Cir.· 1981-06-26 ·cited 3×
  The court held that Publicker Industries, Inc. is directly liable under the contract for the sale of ceramic bells, and affirmed the district court's damage award with a slight modification for credits on outside sales.
• Edwards v. John Hancock Mut. Life Ins. Co.
  973 F.2d 1027· 1st Cir.· 1992-09-04 ·cited 2×
  The court held that the negligence claim was time-barred under the Massachusetts discovery rule, but the dismissal of the breach of contract claim based on agency was vacated.
• Entente Mineral Co. v. Parker
  956 F.2d 524· 5th Cir.· 1992-03-31 ·cited 2×
  A law firm is not vicariously liable for a partner's tortious conduct when the partner acts solely for personal gain and not within the scope of employment, and there is no pre-existing relationship between the firm and the injured third party that enabled the tort.
• Musico v. Champion Credit Corp.
  764 F.2d 102· 2d Cir.· 1985-06-10 ·cited 2×
  The court held that defendants breached fiduciary duties, committed constructive fraud, and conversion by withholding estate funds, but that forfeiture of all agency fees was improper where services were properly performed.
• The Mut. Life Ins. Co. OF NEW York v. Mooreman
  366 F.2d 686· 9th Cir.· 1966-09-19 ·cited 2×
  The court held that the insured had apparent authority to use corporate funds for personal insurance premiums, and therefore the insurer was not indebted to the corporation when the policy lapsed.
• Cap. Dredge & Dock Corp. v. City OF Detroit
  800 F.2d 525· 6th Cir.· 1986-03-19 ·cited 1×
  The court considered whether Michigan law recognizes an attorney's apparent authority to settle a client's claim, questioning if it would follow the general rule or require express authorization.
• TD Ameritrade, Inc. v. McLaughlin
  Del. Ch.· 2008-07-24
  The Court affirmed the arbitration award in part, denying motions to vacate based on the refusal to compel testimony and alleged manifest disregard of the law regarding the Delaware Consumer Fraud Act. However, the Court modified the award to correct a mathematical error that res
• Commercial Assocs. v. Tilcon Gammino, Inc.
  998 F.2d 1092· 1st Cir.· 1993-07-22
  The court held that the Rhode Island court's finding regarding DelVicario's agency for Lechmere was not necessary to the prior judgment and thus not entitled to collateral estoppel effect, and that Tilcon failed to present sufficient evidence to establish Lechmere's liability for
• Est. OF Olive D. Casey v. Commissioner OF Internal Revenue
  948 F.2d 895· 4th Cir.· 1991-11-04
  The court held that the power to make gifts must be specifically set forth in a durable power of attorney document.
• Constr. Techniques v. Dominske
  928 F.2d 632· 4th Cir.· 1991-03-20
  An employee's interest in a supplier is inherently adverse to the employer's interests under agency law, but full disclosure to the employer prevents a breach of fiduciary duty.
• Bennerson v. Beresford & Marie Small v. Frank Weisner Real Est. Co. & as Agent for William Ephraim & Frank Weisner
  842 F.2d 710· 3d Cir.· 1988-03-30
  A forged deed cannot pass good title, and purchasers with notice of pending litigation are not bona fide purchasers.