Legal Opinion

CSX Transportation, Inc. v. Recovery Express, Inc.

District Court, D. Massachusetts

Decided February 1, 2006No. CIV.A.04-12293-WGYPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

This is a breach of contract and related equitable action brought by the plaintiff, CSX Transportation, Inc. (“CSX”), against the defendants, Recovery Express, Inc. (“Recovery”) and Interstate Demolition and Environmental Corp. (“IDEC”). The case against Recovery turns on the application of that doctrine within the law of agency known as “apparent authority”; specifically, how large a cloak of such authority is provided by access to an e-mail address with a defendant’s domain name.

A. Undisputed Facts

CSX is in the business of selling…

2Cases cited19 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Simion Stepanischen v. Merchants Despatch Transportation CorporationCourt of Appeals for the First Circuit · 1983
  4. prod.liab.rep. (Cch) P 13,686 Mary Hayes, Administrator of the Estate of Robert Hayes, Jr., and Eric Hayes v. Douglas Dynamics, Inc.Court of Appeals for the First Circuit · 1993
  5. Salamon v. TerraMassachusetts Supreme Judicial Court · 1985

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3Cited by9 opinions

  1. Burdick v. Horner Townsend & Kent, Inc.Utah Supreme Court · 2015
  2. United Residential Properties, L.P., William Maxwell and Tiffany Tallent v. Tom and Dwana Theis, Texas Court of Appeals, 14th District (Houston)2012
  3. Egan v. Tenet Health CareDistrict Court, D. Massachusetts · 2016
  4. Airline Support, Inc. v. ASM Capital II, L.P.Alaska Supreme Court · 2012
  5. Panamerican Operating, Inc., a Texas Corporation v. Maud Smith Estate, a Texas General Partnership, Texas Court of Appeals, 8th District (El Paso)2013

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