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Case Citations [1] (Spring 2025)

handle is hein.ali/relagcy0142 and id is 1 raw text is: *k THE A ERICAN LAW INSTITUTE Spring 2025 Citations AGENCY CHAPTER 7. LIABILITY OF PRINCIPAL TO THIRD PERSON; TORTS TOPIC 2. LIABILITY FOR AUTHORIZED CONDUCT OR CONDUCT INCIDENTAL THERETO TITLE B. TORTS OF SERVANTS WHO IS A SERVANT § 220. Definition C.A.3, 2024. Quot. in conc. op. (erron. cit. as § 220 of Restatement Third of Agency). Student athletes at several National Collegiate Athletic Association (NCAA) Division I member schools filed an action against NCAA and member schools, alleging that they were entitled to minimum wage compensation under the Fair Labor Standards Act and state wage laws for the time they spent representing their schools. The district court denied defendants' motion to dismiss, finding that plaintiffs sufficiently pleaded facts that, under a multifactor balancing test, might allow them to be classified as employees under the Act. On interlocutory appeal, this court vacated in part and remanded for application of an economic-realities analysis grounded in common-law agency principles. The concurring opinion argued that the majority's economic-realities analysis did not clarify the critical distinction between the performance of services, labor, or work under Restatement First of Agency § 220 and play or sport in determining whether one's participation in a college sports team implicated an employment relationship warranting payment. Johnson v. National Collegiate Athletic Association, 108 F.4th 163, 189. § 227. Servant Lent to Another Master E.D.Tenn.2023. Cit. in case quot. in sup. After a temporary worker at an automotive plant negligently discarded a cigarette in an area where smoking was strictly prohibited, causing a large fire, plant's insurer sued staffing agency that supplied the worker to the plant, alleging negligence and negligent hiring, retention, training, and supervision. This court granted in part agency's motion to dismiss, holding that agency was not vicariously liable for the worker's negligence, because the worker was a COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.