Questions and Answers of Business Its Legal Ethical

A. W. Ham Jr. served on the board of directors for Golden Nugget, Inc., a Nevada corporation. In 1969, while Mr. Ham was a director and legal counsel for Golden Nugget, he obtained a leasehold
Boeing Company has long built many of its planes in the Puget Sound region in Washington, using a unionized workforce. In October 2009, Boeing CEO Jim McNerney announced that Boeing would be
A group of exotic dancers at several clubs in the San Fernando Valley of California brought a class action suit against their employers, the club owners, for the following violations of labor law:•
Dawnmarie Souza was fired from American Medical Response (AMR) after using vulgarities to ridicule her supervisor in a Facebook posting. Souza also wrote, using the company’s terminology for a
Calvin Rhodes began as a salesman with Dresser Industries in 1955. In 1986, the oil industry experienced a severe economic downturn, and Mr. Rhodes was laid off. His severance report said he was
Vivian Martyszenko was working as a cashier at a Safeway grocery store in Ogallala, Nebraska, when she received a call from the police informing her that her two children might have been molested.
On August 11, 1980, Shelby Memorial Hospital hired Sylvia Hayes, a certified X-ray technician, to work the 3:00 11:00 p.m. shift in the hospital’s radiology department. Two months later, she was
Between 1985 and 1990, while attending college, Beth Ann Faragher worked part-time and during the summers as an ocean lifeguard for the Parks and Recreation Department of the City of Boca Raton.
Wendy Komac was hired by Gordon Food Service as a salesperson. During the course of her employment, Gordon held sales contests such as the “Winner’s Circle” competition, which rewarded the
Would the following actions constitute sexual harassment?a. Making sexual comments or innuendoes; telling sexual jokes or storiesb. Asking questions about social or sexual lifec. Telling lies or
American Airlines passed a grooming rule that prohibited “cornrow” hairstyles on all employees. Renee Rogers, a black woman, brought a Title VII suit alleging that the denial of her right to wear
American Airlines has a policy of not hiring flight officers over the age of 40. The reason for their policy is that it takes 10 to 15 years for a flight officer to become a copilot and then another
An employee of Walmart worked at the store on the night restocking crew. For security reasons, the manager of the store implemented a policy of locking all doors leading into and out of the store at
Felix Santos, Carlos Garcia, and Jose A. Valdes Prieto were stock persons for Cuba Tropical, Inc., a supermarket supplier. They regularly worked over 40 hours per week, but they were not paid
Janice W. Craig was employed by Drenberg and Associates, an insurance agency. About the time she started to work, Drenberg began a year of explosive growth. Under normal conditions, an agency with
Joe Ortiz was discharged from Magma Copper Co. for absenteeism. He missed the last shift of work before he was fired because he was temporarily in custody following an arrest for a criminal offense.
Supervisors at Walmart asked employees to work off the clock, erase hours from their time cards, and not take lunch and other breaks. Determine whether there would be any FLSA violations if the
William H. Sullivan, Jr. gained control of the New England Patriots Football Club (Patriots) by forming a separate corporation (New Patriots) and merging it with the old one. Plaintiffs are a class
Jeff Charleston is a retired executive of Clarkson, Inc. He retired in 2016. He has been asked to join the board and serve on the audit committee. Clarkson is a publicly traded 1934 Act reporting
Vincent Chiarella was employed as a printer in a financial printing firm that handled the printing for takeover bids. Although the firm names were left out of the financial materials and inserted at
Following the collapse of the World Trade Center (WTC) in New York City on September 11, 2001, the stock markets were closed for several days. When the stock markets reopened on Monday, September 17,
Iroquois Brands, Ltd., is a food company that imports French foie gras, a pâté made from the enlarged livers of force-fed geese. The French method for raising the geese is to funnel corn down the
Steve Hindi is an animal rights activist who owns in $5,000 Pepsi stock. He discovered that Pepsi advertises in bullrings in Spain and Mexico, and he has attended annual shareholder meetings and put
Reed Hastings, the CEO of Netflix, announced on his personal Facebook page that Netflix had reached a new benchmark, that of streaming 1 billion hours of its content in a one-month period. Later, the
McNeil, a division of Johnson & Johnson, had significant problems with quality control on its products, including infant Tylenol and Motrin. Worn equipment in plants resulted in metal flakes in
The Trapp Family Lodge, Inc. (TFL), was incorporated in 1962 as a holding company for certain assets of the Von Trapp family, including the Trapp Family Lodge, a resort hotel in Stowe, Vermont, and
The Orleans Parish School Board hired Johnson & Higgins (J & H) to provide consulting services. J & H provided those services over the next few years but was then acquired by Marsh &
Marc and Brenda Bertorelli and their company, Marc Bertorelli Builders, joined together to purchase a condominium. Their goal was to purchase properties and then turn around and sell them for a
Former Governor J. Fife Symington of Arizona was, during the 1980s, a director of Southwest Savings & Loan, a federal thrift headquartered in Phoenix. Mr..Symington was also a developer who
Gailey, Inc., incorporated in 1980, removed asbestos and mechanical insulation on contract jobs that required union labor. Richard Gailey had been the president, controlling shareholder, and director
Recovery Express and Interstate Demolition (IDEC) are two Boston-based companies with the same business address. Albert Arillotta, who claimed to be a partner at IDEC, sent an e-mail to Leo Whitehead
Bernice Bisbee is a real estate broker employed by Midkiff Realty, Inc. In September 1972, she obtained from Richard and Marian Silva an exclusive listing agreement for the sale of their property in
John Guz, 49, first hired in 1971, had worked for Bechtel Corporation for 33 years. In 1986, he was assigned to BNI, a division specializing in engineering, construction, and environmental
Reverend John Fisher is the pastor of St. James Episcopal Church in Ohio. Catherine Davis served there as parish secretary from 1978 until six months after Reverend Fisher arrived at St. James in
Kevin Gardner is a driver with Loomis Armored, Inc., which is a company that supplies armored truck delivery services to banks, businesses, and others requiring secure transport of funds and other
Nineteen-year-old Lee J. Norris was employed by Burger Chef Systems as an assistant manager of one of its restaurants. On a day when he was in charge and change was needed, Mr. Norris left to get
John Coon purchased a piece of commercial property in Washington, D.C., through real estate broker Edward Wood. Mr. Coon later decided to purchase other property in West Virginia by selling the D.C.
On March 29, 1983, Barry Mapp was observed in the JCPenney department store in Upper Darby, Pennsylvania, by security personnel, who suspected that he might be a shoplifter. Michael DiDomenico, a
AFLAC sells health care insurance policies. Darren Galgano signed an "Associate's Agreement" with AFLAC, which engaged Galgano to solicit applications for insurance policies offered for sale by
Starbucks, Inc., the international coffeehouse, is an aggressive defender of its name as well as the names for its coffees. It has ongoing litigation for infringement:• A & D Café of Brooklyn,
Do the following slogans constitute protectable business properties?a. MetLife: “Get Met, It Pays”b. General Electric: “GE Brings Good Things to Life”c. Nike: “Just Do It”d. Toys “R”
ASUS Computer International has brought suit against ExoTablet Ltd. because both companies have developed smartphone/tablet hybrid devices. The devices combine a smartphone with a cradle in a
LVM has registered trademarks for “LOUIS VUITTON” in connection with luggage and ladies’ handbags (the “LOUIS VUITTON mark”) and for a stylized monogram of “LV,” used in connection with
Rich Leivenberg and Jane Wyler, founders of the company Reuseniks, developed a new product called reusable dry cleaning bags. Ms. Wyler met another couple in 2008 and explained to them her plan to
GM developed an ad for its Terrain utility vehicle that featured a tattooed, shirtless image of Albert Einstein with “his underpants on display.” The body featured in the ad with Dr. Einstein’s
Yankee Candle Company, a leading manufacturer of scented candles, sued competitor Bridgewater Candle Company for trade name and trade dress infringement. Yankee alleged that Bridgewater’s labels
The San Diego Chicken, a mascot at professional baseball games, has a portion of his act in which he grabs a purple dinosaur and stomps it, stamps it, pounds it, and pummels it. Lyons Partnership,
British Airways and Virgin Atlantic Airlines discussed fuel surcharges at least six times during an 18-month period from 2005 through 2006. As a result, the two companies’ fuel surcharges rose in
Christie’s International and Sotheby’s, international auction houses for art and estate items, are known for their handling of the estates and property of the rich and famous, such as the estate
In Arizona, fees for title insurance searches and policies were established by rating bureaus established by the title companies. The bureaus recommended rates to the state, and the state adopted
In April 1965, Berkeley Heights Shopping Center leased 11,514 square feet of space to A&P Supermarkets. Under the terms of the lease, Berkeley agreed not to lease any other shopping center space
Since 1978, when the first warnings emerged from medical research about using “sun tan lotion,” ads for the products have created some confusion. There were “sunblocks,” “sunscreens,” and
Janet S. Milliken purchased a home from Kathleen and Joseph Jacono through ReMax agents Fran Day and Thomas O’Neil. Neither the sellers nor their agents disclosed to Ms. Milliken that the prior
Boeing Company was scheduled to deliver several of its 747-400 jumbo jetliners to Northwest Airlines by December 31, 1988. Northwest set that deadline because it needed the $16 million in investment
A 30-minute infomercial for the DeLonghi America Caffe Sienna espresso/cappuccino machine included this statement from the host/announcer:Brew cappuccino just like the pros do right at
Beck’s Beer originated and was brewed in Germany from 1873 until 2012, when the Anheuser–Busch Companies, LLC, acquired the brand and began brewing Beck’s in St. Louis, Missouri. The fact that
On August 6, 1998, Mr. Ruvolo purchased two chicken gordita sandwiches from Taco Bell. While eating the second sandwich, he felt a sharp pain in his throat and dislodged a chicken bone. The bone
Ms. Hubbs, 80, suffered from arthritis and osteoporosis. She purchased the Clapper, a device designed to turn electrical appliances on by responding to sound, namely, the clapping of hands.Ms. Hubbs
On February 14, 1999, Garry O. Hickman opened a pack of Big Red gum, which is manufactured by Wrigley. Mr. Hickman purchased the gum at a grocery store on the evening of February 13, 1999. Mr.
New Colt Holding Corporation advertises its Model P single-action revolver as “the gun that won the west.” Competitors have filed suit for false advertising because historical significance is
Harold Vogel, an experienced gem appraiser, is a member of the American Society of Appraisers. Mr. Vogel’s fee for his work is based on a percentage of the value of the appraised item. The society
Booklocker, Inc., is a print-on-demand (POD) book company that specializes in handling the printing of a run of books when there is an online order for those books. Amazon.com facilitated such orders
Amanda Reiss had completed her residency in ophthalmology in Portland, Oregon, and was moving to Phoenix, Arizona, to start her practice. She began looking for office space and met with a leasing
Robert Hackett became a substitute fireman for the city of New Britain, Connecticut, in 1949. In 1950, he was made a full-time fireman and in 1968 became a lieutenant. After earning the highest mark
Jennifer Cushman has a permanent residence in Pennsylvania but attended college in Vermont. In the summer of 1993, an unknown person, possibly a member of her household in Philadelphia, applied under
Leonidas Kavakos, a celebrated and international violinist, purchased a rare and historic French violin bow made by J. Henry in 1850, paying €65,000. Nazaret Mkhsi-Gevorkian owns Gevorkian Nazareth
Bernina Sewing Machines imports sewing machines and parts for U.S. distribution. Its contract prices are in francs. Because of the devaluation of the U.S. dollar, Bernina wants to be excused from its
Lululemon ordered Luon fabric for its famous black yoga pants from a supplier. The fabric was made into yoga pants, which were then sold in Lululemon stores. A wave of customer complaints followed
On December 5, 1997, Michael Dekofsky and Christopher Vrakelos sold Brea Range, Inc., an indoor shooting range, to Michael J. and Kimberly A. Hansen for $140,000. The Hansens paid $70,000 cash and
Nation Enterprises, Inc., purchased a large (36 by 3 feet) gasfired convection oven from Enersyst, Inc., to make its pizza crusts. The oven had problems that the parties were working to resolve, but
Aon Risk Services, Inc. (ARS Arkansas), and Combined Insurance Companies are subsidiaries of Aon Corporation. Aon issued an "Interdependency Memo" in February 2000, which was designed to motivate ARS
Ronald Semler was a trustee for the Semler Family Trust. The Trust was presented with an opportunity to participate in a private placement investment in ARI Overland Management LLC. Semler agreed to
On March 23, 1994, Northern Distributing Company made two offers to purchase two brands of beer carried by Keis Distributors, Inc.: 683,136 cases of Genesee beer at $1.75 per case and 95,632 cases of
Mace Industries, Inc., sent a quotation to Paddock Pools for water treatment equipment. Paddock responded with a purchase order that had the following written on its reverse side:“THE SELLER AGREES
Dr. Cook is a licensed dentist who devotes less than 50 percent of his practice to the work of fitting and making dentures. Mrs. Downing is a patient of Dr. Cook who was fitted for dentures. Mrs.
Maria Cantu had a teaching contract with the San Benito Consolidated Independent School District. She hand-delivered to her supervisor a written offer to resign. Three days later, the superintendent
In September of 1988, Jane Pittsley contracted with Hilton Contract Carpet Co. for the installation of carpet in her home. The total contract price was $4,402. Hilton paid the installers $700 to put
Larry Dobbs, Frances Dobbs, Wayne Richard, and Lorena Richard live in rural Illinois next to Donald Wiggins. The Dobbses and Richards have lived on their properties for 30 years. Mr. Wiggins
CNH owns approximately 100 acres of land near Lake Michigan and operated a foundry and tractor assembly plant there. In July 2004, CNH and Champion entered into a contract that required Champion to
The Sawtooth National Forest established its first travel plan map in 1989. The travel plan map was reprinted in 2002. The maps show visitors to the area the system of roads and trails available for
The Natural Resources Defense Council, Inc.; the Humane Society of the United States; the Cetacean Society International; the League for Coastal Protection; the Ocean Futures Society; and Jean-Michel
Joseph Marcantuone and Robert Gieson owned a shopping center in which one of the spaces was always leased as a dry cleaners. Eventually, the city of East Orange, New Jersey, took the property by
Holex Company purchased a property in Hollister, California, in 1957. From 1957 through 1980, Holex manufactured and tested military munitions under contract with the U.S. government. Whitaker
A group of landowners situated near the Sanders Lead Company brought suit to recover for damages to their agricultural property from accumulations of lead particulates and sulfur oxide deposits
American Rivers, a national river conservation organization, the Environmental Defense Fund, and several national and local environmental organizations brought suit against the U.S. Army Corps of
Joseph Mosca and 23 others boarded a sportfishing boat for a day of fishing off San Clemente Island. David Lichtenwalter, one of the fishermen, was fishing off the stern near Mr. Mosca. Mr.
Patricia Holguin went to Sally’s Beauty Supply Store carrying her “eco-friendly canvas shopping tote,” a large bag that is conspicuous when used. Upon entering the store, there were no posted
E*Trade Financial Corporation ran a memorable ad during the 2010 NFL Super Bowl in which a baby boy and a baby girl are chatting online via the use of a webcam. The dialogue between the two babies,
On the day after Thanksgiving, November 28, 2008, Walmart held a nationwide sale of a limited number of sharply discounted televisions, computers, and video game sets. The “blitz sale” had been
Ads on Times Square that feature well-known personalities clad in brand-name items are not unusual. However, the building-size photo of President Obama in a Weatherproof Garment Company jacket in an
The CBS news show 60 Minutes pulled from programming a scheduled airing of an interview with a Jeffrey S. Wigand, a former tobacco executive, when threats of both libel and tortious interference with
Rhodes tripped over a hospital cord while visiting a patient in the Detroit Medical Center. She fell and was injured. She filed suit against the hospital for negligence in the condition of its
In the May 31, 2004, issue of The Weekly Standard, editor Fred Barnes wrote the following commentary:A FEW YEARS AGO Michael Moore, who’s now promoting an anti-President Bush movie entitled
Harlan Nolte and others invested in IFC Leasing Company, a master music recording leasing program. The company was created to acquire and lease master music recordings. Jerry Denby, the executive
Jason Jones, a 19-year-old U.S. Naval Academy midshipman, killed John and Carole Hall when he collided with the rear of their car, which was on the shoulder of the road. Mr. Jones was driving 80 to
Bobby Unser (three-time Indy winner) and a friend went snowmobiling near Unser’s ranch in northern New Mexico. While on their short ride, a ground blizzard resulted in near zero visibility. The two
Odessa Mae French operated the Pines Motel as a house of prostitution for seven years. During that time, Ms. French avoided any local law enforcement action by allowing the sheriff to have free
Bernard Saul was a salesperson for A. P. Walter Company, a wholesale auto parts business, assigned to the D&S Auto Parts account. Mr. Saul took inventory at D&S each week and phoned in an
The owner of a construction firm in New York City, William Lattarulo, has been charged with manslaughter in the death of one of his workers. Lauro Ortega suffocated when the foundation of a building
Michael Friedman, Paul Goldenheim, and Howard Udell were executives at Purdue Frederick Company when it misbranded the drug OxyContin. The misbranding dealt with their company’s marketing and

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