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To: Torie
Disney Enterprises, Inc. v. Esprit Finance, Inc., 981 S.W. 2d 25 (Ct. App. TX, 1998) (pdf)

Ms Meiers successfully represented Disney who was sued in Texas for the actions of a third party, lost and appealed on the grounds of lack of jurisdiction of the State of Texas. Issue was that the third party was not an agent of Disney and so no personal jurisdiction existed over Disney.

I leave it for you to decide whether this is really a complex issue, the issues of common law agency being pretty well settled law.

100 posted on 10/09/2005 2:08:09 PM PDT by AndyJackson
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To: AndyJackson

The agency before the fact bit was pretty staightforward, but the ratification aspect was not, and the law is a bit of a mess in that area. In any event, the legal opinion on that point was a mess. The court seemed to find that that just because A paid money to B, and B paid money to C, that does not mean that C received A's money. I thought that aspect was pretty fly by night "analysis" of lack thereof. It kind of reminds me of the Delay situation. Again, however, it is the quality of the briefs that counts vis a vis Miers.


110 posted on 10/09/2005 2:35:18 PM PDT by Torie
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