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· 12/2/2013

Barragan-Malfabon v. United States

Citations

  • 134 S. Ct. 716
  • 187 L. Ed. 2d 574
  • 82 U.S.L.W. 3330
  • 571 U.S. 1085
  • 2013 WL 5876376
  • 2013 U.S. LEXIS 8506

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “whether a single actor directed or controlled the acts of one or more 22 third parties is a question of fact”
  • noting that application of traditional agency principles is required for finding that agent’s acts can be attributed to principal as single entity
  • noting that Limelight’s contract “deliniate[d] the steps customers must perform if they use the Limelight service”
  • recognizing an entity is responsible for others’ infringement when it “directs or controls others’ performance”
  • listing as possible legal frameworks the- ories from agency law, contract law, and the doctrine of joint enterprise, from which one could hold an entity liable for another’s action(s)
  • \[P]rinciples of attribution are to be considered in the context of the particular facts presented.\

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.