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Business Law Legal Environment
Christopher Rottner’s computer began malfunctioning – its performance decreased, and the Internet speed was sluggish. Searching for a solution, he found a free trial of PC TuneUp online from AVG.
i.LAN Systems, Inc. (“i.LAN”), helps companies monitor their computer networks. NetScout Service Level Corp., formerly known as NextPoint Networks, Inc. (“NextPoint”), sells sophisticated
Legal research can take you in odd directions. Today, for example, we learn that a “weaner pig” is a very young pig that has just been weaned from its mother. You must raise and sell a lot of
A latte (which means “milk” in Italian) is a coffee drink made with milk and often topped with milk foam. According to the Starbucks menu, its Grande lattes contained 16 fl. Oz. A group of
ProCD sold SelectPhone, a database containing information from 3,000 telephone directories. It sold the software to consumers for $150; business paid a much higher price.Every box containing the
Caldwell agreed with Duke/Fluor Daniel (D/FD) to install a power plant cooling system in Aiken, South Carolina.The contract stated that Caldwell would pay liquidated damages of $5,000 per day if the
Steve Sitton forged a check belonging to his brother, went to Nowlin’s Jewelry, and misrepresented that he had his brother’s authorization to make a purchase. He bought a gold ladies’ Rolex
John Beal ran a cleaning business. He purchased a window‑blind cleaning machine from Daniel Griffin for $18,000. Griffin told Beal that the best way to ship the machine was by
In 2006, Sony Computer Entertainment America LLC introduced the PlayStation 3 (PS3) gaming system, as ““the most advanced computer system that serves as a platform to enjoy next generation
Burton is a Vermont-based designer, manufacturer, and seller of snowboards. ViQuest is a manufacturer of injection-molded products based in Shanghai, China. Burton and ViQuest contracted for ViQuest
Byblos sold off‑price designer clothing manufactured by an Italian parent company. Morris & Sons was a Chicago retailer that had been selling men’s and women’s clothing for 40 years. Aaron
For years, Hai Yun, a Chinese instrument manufacturer, made high-quality drums for Armadillo, which was a major distributor of musical instruments in the United States.Armadillo put great time and
Donna and Alan Smith wanted to raise emus, which are flightless Australian birds that look like ostriches. The creatures reproduce rapidly in almost any terrain and are sold for their meat, which is
Corona Fruits & Veggies (Corona) leased farmland to a strawberry farmer named Armando Munoz Juarez. He signed the lease “Armando Munoz.” Corona advanced him money for payroll and farm
Collateral may change categories depending on its holder and how it is being used at the time of default. Classify a refrigerator in the following circumstances:1. When sold by an appliance store;2.
Star Automotive was a wholesaler of automotive parts. Thriftway Auto Supply was an auto parts store that did business under the name Thriftway Auto Stores. Star sold auto parts, on credit, to
The text offers a hypothetical case concerning Tele‑Maker, which sells 500 televisions to Retailer, keeping a security interest in the sets and proceeds. Customers sign chattel paper when they
Marissa Chapa defaulted on her car loan, so Ford Motor Credit Corp. hired Traciers & Associates to repossess her white Ford Expedition. Traciers assigned its field manager, Paul Chambers, to the
Brican LLC was running a scam. The victims were dentists who wanted to lease multimedia systems (called Exhibeos”) for use in their waiting rooms. Each Exhibeo consisted of a computer and a
Creative Ventures, LLC (Creative) borrowed nearly $3 million from defendant Jim Ward & Associates (JWA) to buy property in California. Creative signed promissory notes, payable to JWA.
Steven Vlohotis was a salesman for NESCOR, a home improvement company. He convinced the Antunas to sign a consumer credit contract with NESCOR to install vinyl siding and windows. The contract
Mary Johnson signed a contract with Mayflower to perform repair work on her home for a fee of $25,900. Mayflower arranged for Johnson to pay for this work by borrowing money from Sterling Resources.
Mary wrote a check on her account at First Bank for $23,000 payable to the order of Eagle Construction Company. Sylvia, who was an Eagle employee, deposited Mary’s check in her personal account at
Steve Szabo, a Venezuelan resident, had a checking account with the Bank of America in Palm Beach Gardens, Florida. Someone with an internet address in Nigeria hacked into Szabo’s accounts on-line,
Robert D. Potts was a partner at Deloitte & Touche. He served as the concurring partner for audits of Kahler Corp. Kahler owned the University Park hotel, which it listed in its financial
During the time that Carol Young worked as an assistant to Brian P. Burns,her salary never exceeded $75,000 a year. But during this period, she opened several credit card accounts with Neiman Marcus
Oregon Steel Mills, Inc. was a publicly-traded company whose financial statements were audited by Coopers & Lybrand, LLP for many years. When Oregon sold the stock in one of its subsidiaries,
Grant Thornton (GT) audited Winstar, a broadband communications company that provided businesses with wireless internet connectivity. Winstar was one of GT’s largest and most important clients, but
ABAT was a Delaware corporation operating in Chinathat designed and manufactured lithium batteries for use in consumer products. Because its stock was listed on a U.S. stock exchange, ABAT was
For 19 years, Ernst & Ernst audited a small brokerage firm, First Securities Company of Chicago (First Securities). Leston B. Nay was president of the firm and owned 92 percent of its stock. He
Kenny Willis and his neighbors, Rick and Joyce Taylor, were good friends. Rick helped Kenny repair his truck and Kenny cut the Taylors’s yard because they did not own a lawnmower. One day, while
Justin Kaiser and Germania became friends while working together at a Ralph Lauren Polo store. When Germania left the store, Kaiser allowed Germania to buy clothing using merchandise credits made out
Staff Sergeant William E. Dreyer was a recruiter for the United States Marine Corps. Driving to work one morning at 6:40 AM, in a government owned car, he struck and killed 12 year old Justin Zankel.
The voters of Washington State passed the Medical Use of Marijuana Act (MUMA) which stated that: Humanitarian compassion necessitates that the decision to authorize the medical use of marijuana
For 12 years, David Brune taught theater and drama at the Dalton School, an elite private school in New York City. Like other Dalton faculty, he worked on a renewable one-year contract. The
Walmart employees were not unionized. A group of outside organizers called “Our Walmart” created an app that Walmart employees could use to communicate with one another and obtain legal and other
A union representing workers at Truitt Manufacturing Company requested a raise of 10 cents per hour for all members. The company countered with an offer of 2.5 cents, arguing that a larger increase
A New York State task force on teacher qualifications decided that all teachers needed a basic understanding of liberal arts and sciences. National Evaluation Systems (NES), a professional test
Courtney Gatter was a sales representative for IKA. The company was owned by the Stiegelmann family, which included René (who worked for the company), and his son, Marcel (who did not). Gatter
Google’s vice-president of engineering, Wayne Rosing (aged 55), hired Brian Reid (52) as director of operations and director of engineering. At the time, the top executives at Google were CEO Eric
When Ella Williams’s doctor diagnosed her with carpal tunnel syndrome, Toyota transferred her from an assembly line position to a job in Quality Control Inspection Operations (QCIO). Employees in
United Airlines required its pilots to have uncorrected vision of at least 20/100. It refused to hire twin sisters with 20/200 vision, even though their vision could be corrected to 20/20. The
When Anthony Willoughby was diagnosed with diabetes, he notified his company’s Human Resources department. Despite treatment, Willoughby experienced side effects that included swelling, dizziness,
Norman Costello and Joseph Ruggiero were members of Silk, LLC, the owner of Silk Stockings and Cafe Del Mar, which was a bar and adult entertainment nightclub in Groton, Connecticut. Anthony Sulls
Eric Ferret and Stephen Courtney founded Sci.X Science Studio, LLC, a Delaware LLC. Sci.X’s operating agreement required that all disagreements be decided by arbitration rather than litigation. But
Mark Hardie was the sole member of Technical Plastics of Oregon, LLC (TPO). The company operated out of Hardie’s home, and Hardie regularly used TPO’s accounts to pay such personal expenses as
Smith & West, LLP had two partners: Michael L. Gaus and John C. West. The partnership registered in Texas as a limited liability partnership. The Texas statute requires LLPs to renew their
The Burger King Corporation (BKC) would not allow franchisees to have it their way. Instead, BKC forced them to sell the double-cheeseburger (DCB) and, later, the Buck Double (the DCB minus one slice
Jeffery Pickell was the sole proprietor of Kaleidoscope Books in Ann Arbor, Michigan. While Martin Herman’s daughter was a student at the University of Michigan, he became a customer of the store.
Tom Pettiette and his law partner, Martin Akins, received a contingency fee of $1.5 million. They could not agree on how to split the fee, so they each purchased a $750,000 annuity contract from New
Mr. W sells fireworks. Under Texas law, retailers may only sell fireworks to the public during the two weeks immediately before the Fourth of July and during two weeks immediately before New Year’s
Cyberheat, Inc., ran sexually explicit websites for consenting adults. It hired other companies, called affiliates, to drive potential subscribers to its sites. The affiliates were paid a fee for
Christianne Carafano is a film actor under the stage name Chase Masterson. Someone posted a profile of her on the Matchmaker.com Internet dating service. This phony profile stated that Carafano was
Sarah Jones, a high school teacher and Cincinnati Bengals cheerleader, was the subject of several posts on TheDirty.com, a gossip website run by Nik Richie. Anonymous submissions accused Jones, among
After his wife left him, Anthony Elonis changed his Facebook name to “Tone Dougie” and began posting self-styled rap lyrics containing violent language and imagery about his friends and family.
Facts: In setting rules for Internet infrastructure, the FCC ruled that broadband ISPs are not common carriers and, therefore, not subject to rules that require equal treatment for all their
James Huff was the chairman of the Kenton County Airport Board, which manages the Cincinnati/Northern Kentucky International Airport (CVG). While at a conference in Italy with his wife Bertha and a
Deborah Ehling, a registered nurse and paramedic who worked at the Monmouth-Ocean Hospital Service Corporation (MONOC) reacted on her Facebook page to a shooting. Her Facebook privacy settings
Facts: Chelsea Chaney was a seventeen-year-old high school student in Fayette County, Georgia. At a county-wide Internet safety seminar, Curtis Cearley, the District’s technology director,
Ibrahim Boumelhem, aged four, began playing with a Bic disposable lighter that his parents had purchased. He started a fire that burned his legs and severely burned his six-month-old brother over 85
The Alden Leeds company packages, stores, and ships swimming pool chemicals. The firm does most of its work at its facility in Kearns, New Jersey. At any given time, about 21 different hazardous
Cornell professor Joan Jacobs Brumberg attended a university fundraiser catered by Cipriani. During the event, she feasted on fancy appetizers. About 30 minutes later, she felt intense abdominal
Juana Curry and William Moore, customers of AvMed Insurance, took care to protect their private information. They destroyed mail that contained sensitive data and avoided uploading any such
At the University of Arizona, the Epsilon Epsilon chapter of Delta Tau Delta fraternity gave a welcoming party for new members. The fraternity’s officers knew that the majority of its members were
Helen Palsgraf was waiting on a railroad platform. As a train began to leave the station, a man carrying a package ran to catch it. He jumped aboard but looked unsteady, so a guard on the car reached
While attempting to pass several cars on a two-lane road, Campbell drove into oncoming traffic. An innocent driver swerved to avoid Campbell and died in a collision with a third driver. The family of
Elijah Turley was a steelworker at the Lackawanna company’s plant near buffalo, New York. For over a decade, he was the only African-American in his department. For the last three years of his
Sharon Yeagle was the Assistant to the Vice President of Students Affairs and Virginia Polytechnic Institute and State University. One of Yeagle’s duties was to help students apply to the
In 1960, The New York Times ran a full-page advertisement paid for by civil rights activists. The ad described an “unprecedented wave of terror” by the police of Montgomery, Alabama, against
A police officer in North Carolina stopped Nick’s car because it had a broken brake light. Nick allowed the officer to search the car and, during the search, the officer found cocaine. It turns out
Officer Trottier stopped Marie Winfield for driving 20 miles over the speed limit. He then became suspicious because her son would not make eye contact and she was eating a Powerbar in a “hurried
The reverend Abraham Kennard bilked hundreds of churches out of millions of dollars through a phony grant scheme. Abraham created the Network International Investment Corporation and then approached
Many people have a fundamental conceptual problem with understanding the exclusionary rule: it only applies to incriminating evidence. They would, presumably, support a (non-sensical) rule that
The Washington, D.C. police suspected Antoine Jones of being a drug dealer. Without a valid search warrant, they attached a GPS tracking device to his car. For 28 days, they used the GPS to determine
Driving along the Nebraska State Highway just after midnight, Dennys Rodriguez briefly swerved onto the highway shoulder, which is a violation of Nebraska law. At 12:06 a.m., Officer Morgan Struble
Jeffrey Skilling was president and chief operating officer of Enron Corporation, the seventh largest company in America in terms of revenue. At least, that is what everyone thought. Ten months into
Victor Hernandez had worked for more than 20 years as a custodian at a public power plant and had received training in health and safety rules from the Occupational Safety and Health Administration
Legends are Forever, Inc. (Legends) trademarked the slogan “Legends are Forever.” When Nike used the slogan in an ad campaign featuring basketball player Kobe Bryant, Legends sued Nike. But,
In the wake of the 9/11 attacks, the FBI questioned more than 1,000 people with suspected terrorist links. It then detained those it deemed to be “of high interest,” most of whom were Arab Muslim
Although International Shoe manufactured footwear only in St. Louis, Missouri, it sold its products nationwide. It did not have offices or warehouses in the state of Washington, but it did send about
For two decades, James Obergefell and John Arthur were in a committed same-sex relationship in Ohio. Arthur got very sick, and the couple was eager to marry before he died. Since same-sex marriage
Indiana’s public indecency statuteprohibits any person from appearing nude in a public place. A nightclub called the Kitty Kat Lounge, and several dancers who wished to perform nude, filed suit,
During the Korean War, unions threatened to strike steel mills. President Truman responded by ordering Secretary of Commerce Sawyer to seize the mills and keep them running. Sawyer began to issue
Patrick Kennedy was convicted of raping his eight-year-old stepdaughter L.H. A forensic expert testified that L.H.’s injuries were the most severe he has ever witnessed from a sexual assault. The
Article III of the Constitution creates the Supreme Court and permits Congress to establish lower courts within the federal court system. Federal courts have two key functions: adjudication and
In 2010, Congress enacted the Patient Protection and Affordable Care Act (the Act), which aimed to increase the number of Americans covered by health insurance and decrease the cost of health care.
Perlman filed a request under FOIA with the Department of Justice ("DOJ") seeking the release of a 143-page Report of Investigation ("ROI") by DOJ's Office of the Inspector General. The ROI discussed
U.S. law provides that “[w]hoever utters any obscene, indecent, or profane language by means of radio communication shall be fined . . . or imprisoned not more than two years, or both.” The
Biswell operated a pawn shop and had a license to sell "sporting weapons". Treasury agents demanded to inspect Biswell's locked storeroom. The officials claimed that, the Gun Control Act of 1968 gave
The Family Smoking Prevention and Tobacco Control Act (FSPTCA) instructed the FDA to issue regulations requiring cigarette packaging to contain graphics depicting the negative consequences of
Duke Power used a high school completion requirement and an intelligence test in hiring and promotion. The result was that fewer minority applicants qualified for jobs at Duke Power. Griggs sued
When they applied for life insurance from Farm Bureau Life Insurance Company ("Farm Bureau") in 1999 Wyoming resident Gary Pehle and his wife Renna did not know they were infected with the Human
Hardingham was a recovering alcoholic. Defendant United Counseling Service (UCS) gave him a job as an emergency services counselor. Halpin, UCS's executive director, learned that Hardingham was again
What responsibility, if any, does the United States have to obey international law? Is it any different from other countries’ responsibility to uphold international law? Why or why not?
After the 9/11 terrorist attacks, the U.S. government imprisoned suspected terrorists in Guantanamo Bay, Cuba. Officials argued that these detainees did not enjoy constitutional rights because they
The Stored Communications Act (SCA) protects the privacy of electronic communications stored by service providers (that is, by companies offering an internet connection). This statute prohibits the
Throughout the early 1990s, Royal Dutch Petroleum, a Dutch company, and Shell, a British company, were engaged in oil exploration and production in Nigeria. When local residents protested the oil
Forestal Guarani S.A., in Argentina, entered into an oral agreement to sell wooden finger-joints to Daros International, Inc. in New Jersey. Forestal sent Daros the products but Daros declined to pay
Avenues in Leather (Avenues) imported Calcu-Folios, which are 13 inches tall by 11 inches wide and 1.5 inches deep. They are made of paperboard covered in plastic with a padded handle. It is zippered
Antigua is a small Caribbean nation. When it began hosting gambling websites, its economy thrived, boosted by U.S. gamblers. But when the United States started criminally prosecuting Internet
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