Questions and Answers of Dynamic Business Law

Aroma Housewares Co. is a California corporation that distributes electric kitchen appliances. Aroma distributed between 30,000 and 40,000 juice extractors in the United States. The juicers employed
Brenda Laramore receives federal assistance pursuant to Section Eight of the United States Housing Act. “Section [Eight] is a federal program designed to assist the elderly, low income, and
Does Title VII apply to same-sex harassment?
A corporation, Platforms, held stock that was not registered with the SEC under the Securities Act of 1933. William Martin provided consulting to Platforms as an employee of a sole proprietorship
28 USC § 1658 stipulates that claims of “fraud, deceit, manipulation or contrivance” under the Securities Exchange Act of 1934 may be made “[two] years after the discovery of the facts
H&R Block is one of the largest providers of incometax preparations and the second largest of online do-it-yourself software in the United States. In 2010, the tax preparer sought to buy out its
Emory B. Perry, who represents numerous shareholders, owned stock of The RAMP Corporation, a now-defunct company that developed communications technologies for the health care industry. Darryl R.
Richard Schoon was elected to the board of directors at the Troy Corporation, a private corporation in Delaware. There are three stock series of stock options. A series A share allows someone to
Harvey Pierce was a work-release inmate from the local county jail who worked at an Arby’s franchise restaurant owned by Dennis Rasmussen, Inc. (DRI). One day in June 1999, Pierce walked off the
Nu-Look Design, Inc., operated as a residential home improvement company. During calendar years 1996, 1997, and 1998, Ronald A. Stark not only was Nu-Look’s sole shareholder and president but also
In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she was referred to Flagstaff Medical Hospital. Once there, she was examined and treated by Dr.
William Roberts operated a McDonald’s restaurant under a franchise agreement with McDonald’s Corporation. Roberts hired 23-year-old David Mabin, who was just released from jail for robbery, drug
Egebjerg filed a voluntary Chapter 7 bankruptcy petition in 2006. He had been employed for 27 years, earned a gross income of $6,115.56 per month, and had unsecured consumer debt of around $31,000.
Ford Motor Credit Corporation (FMCC) hired Traciers & Associates (Traciers) to repossess a white 2002 Ford Expedition owned by Marissa Chapa, who was in default on the associated promissory note.
On April 27, 1992, Darro and Tracy Long purchased a 1980 Ford Escort for $2,795 from Auto Credit, Inc. They made a cash down payment of $300 and financed the balance of the purchase price. The terms
In May 1990, Gerald Gaucher entered into a Retail Installment Contract and Security Agreement with Cold Springs RV Corp. This agreement provided for the purchase of a travel trailer. In the
Indiana Auto Sales & Repair repossessed an automobile from one of its debtors. Indiana Auto paid an independent contractor $30 to repossess the car. The contractor’s 15-year-old, unlicensed
Donald Lynch purchased a check from Allied Irish Bank (AIB) in Ireland. The check was made payable to Advance Marketing and Investment Inc. (AMI) in the amount of U.S. $250.00, which was handwritten
Robert Carter, an employee of National Accident Insurance, intercepted insurance premium checks totaling more than $10 million that customers made payable to the insurance agency. Carter then altered
Dr. Rodrigue is an obstetrician-gynecologist, who in 1989 opened her own practice. The financial support to open her new practice came from North County Women’s Health Care Services P.C., who
Rockland Industries agreed to purchase three containers of antimony oxide at $1.80 per pound from Manley-Regan Chemicals. Rockland produces drapes, and antimony oxide is used to fire proof the
Define and differentiate between liquidated, consequential, and punitive damages. Make the argument for why punitive damages should or should not be permitted in intentional breach of contracts.
Consider the status of being a merchant under the UCC. Should the UCC differentiate between merchants and nonmerchants?
How can good title be acquired?
The opera company was hired to perform in the outside pavilion of the Wolf Trap Foundation. The company performed the three performances without problem. Then, right before the last performance, a
Posh Pooch Inc., which designs couture pet carriers and accessories, convinced the Italian corporation Nieri Argenti to manufacture various fine leather and related goods for Posh Pooch. Posh Pooch
When Barry Meyer asked Robyn Mitnick to marry him, he gave her an engagement ring that cost $19,500. Before the marriage, he asked her to sign a prenuptial agreement. She refused, and the engagement
A company sued a meat distribution market, claiming breach of contract following the market’s failure to pay money owed on five notices of purchases (NOPs) as well as collection of accounts under
An investor brought suit against an architect after the investor lost $600,000 in a failed project. To develop the project, a real estate empire in Chicago, an LLC, the Burnham Station, was created
The Finches hired Inspectech to perform a home inspection of a property they were purchasing. The contract they signed included a clause that read: “It is understood and agreed that the
The plaintiff in this case is Amir Peleg, a gay Jewish male of Israeli national origin. He worked at the Neiman Marcus store in Beverly Hills from December 28, 2005, to February 21, 2008. The store
In 2008, a lawyer for Mutual Life Insurance e-mailed Dr. Miles regarding the settlement of a lawsuit that he had filed against the insurance company. The e-mail that the attorney sent contained
What is the mirror-image rule?
Smith, a satirist and outspoken critic of Walmart, created websites displaying designs and slogans that negatively parodied Walmart’s registered marks. These designs and slogans incorporated the
Travis Scheible was riding his bicycle and started to cross the street from behind a mature tree that overhung the sidewalk and obscured his view of oncoming traffic. As he rode into the street,
In 2008, Wayne Singleton and his eight-year-old son, Jaron, were traveling on a bus for a school field trip to Six Flags. Wayne fell asleep on the way, and while he was asleep, the bus became
At Boyle’s trial, the state demonstrated that Boyle and others had committed a series of bank robberies in four states during the 1990s. A core group was involved in all the robberies, but
Chambliss met Chinasa in 2004 through his side business. Chinasa told Chambliss that he lived in Gaithersburg, Maryland, and ran a business called DataNet Communications. When Chambliss began working
The city of Toledo, Ohio, passed the Clean Indoor Air Ordinance, which, among other provisions, required smoking to be prohibited in bars and restaurants except in separate smoking lounges that met
A group of winemakers from California and several Massachusetts residents challenged a Massachusetts law that distinguishes how large wineries and small wineries may distribute their wines in the
Plaintiff prose Wilfredo A. Golez (Golez) filed a motion to compel the work attendance records of two former coworkers who are not parties to the instant litigation. Golez states that he requires the
John and Jacqueline Stowers are the sole owners of Manna, a limited liability company registered to do business in the state of Ohio. Manna is a family-run enterprise that sells food and other
Nicastro, the plaintiff, was using a metal-shearing machine in New Jersey when he hurt his hand. The machine was produced by J. McIntyre Machinery, Ltd., which manufactured the machine in England,
Energy cooperative Hoosier Energy sought to move depreciation deductions that it could not use to John Hancock Life Insurance Company. Under the transaction, John Hancock would pay Hoosier Energy
Environs Inc. is an architectural firm that designs commercial and business buildings. SAMS Hotel Group LLC signed a contract with Environs, under which Environs would provide architectural services
The two companies had an agreement by which Sunrish was providing a food product to Nutrisoya. However, Sunrich allegedly did not deliver the products covered in the contract, and Nutrisoya took the
On November 7, 2005, Briarwood signed an agreement to sell Toll Brothers a planned 66-acre, 41-lot subdivision property in the village of Pomona, New York, for $13,325,000. The agreement expressly
On April 20, 2009, Severn and IFC entered into a Pesticide Application Agreement (PAA) requiring IFC to use phosphine, a pesticide, to fumigate a peanut storage dome owned by Severn and located in
Delores Villegas was having problems paying her debts, so she filed for bankruptcy. Weinstein, a debt collector handling some of her debt, sent a letter to the lawyer representing Villegas in
Microprocessors are a computer part commonly referred to as the brain of the computer. Intel, a microprocessor manufacturer, introduced the Pentium 4 microprocessor in November 2000. Computers with a
Penny Morris took metoclopramide from early 2006 to July 2008. However, ingesting the drug for more than twelve weeks had already been contraindicated on FDA-approved labels since 2004 and by "black
On May 5, 2006, Rex Gilbert executed an adjusted rate note with First National Arizona to refinance the existing lien on his home in Ocracoke, North Carolina. Thereafter, First National Arizona
Hewlett-Packard, a U.S.-based company, is famous for its reliable laptop computers and printers. Wilson purchased an HP Pavilion Notebook computer in the summer of 2004 for approximately $1,500. In
Comcast Corporation is a worldwide cable company that provides cable services to businesses and individual consumers. In Philadelphia, the company purchased some of its competitors, which increased
Tobacco companies often sell tobacco products labeled as light or ultra light. Labeling cigarettes as light and ultra light insinuates that the product contains lower amounts of tar and nicotine and
In June 2013, Paul M. Stelmachers took a taxi cab ride in Las Vegas, Nevada, and paid for the cab fare with his credit card. A VeriFone Systems Inc. product was used to receive payment in the taxi
What are the main provisions of the Truth in Lending Act, and how does it aid consumers?
Several employees of Wal-Mart Stores Inc. (Wal Mart) were involved in physical confrontations with shoplifting customers. Wal-Mart's policy requires employees to disengage and withdraw from
Lisa Harrison (Harrison) was hired by Defendant at Family House of Louisiana (Family House), a long-term residential treatment facility for chemically dependent women and their children, on November
Exxon maintained a corporate policy that prohibited its pilots from flying corporate aircraft after they reached the age of 60 and forced such pilots to retire involuntarily at age 60. This rule
Defendant Jason Zink is the owner and operator of two taverns, the Don't Know Tavern and the No Idea Tavern, which are both located in the Federal Hill neighborhood of Baltimore City. The named
The Pregnancy Discrimination Act added new language to the definitions subsection of Title VII of the Civil Rights Act of 1964. The first clause of the Pregnancy Discrimination Act specifies that
Vania Santiero (plaintiff) was hired as a server at a Denny's Restaurant on August 29, 2009, and she was employed there until she voluntarily left her position on December 9, 2009. Defendant
List the protected classes under the Civil Rights Act of 1964 (as amended in 1991).
Whom does the Age Discrimination in Employment Act protect?
Does Title VII apply to same-sex harassment? Explain your response.
Name five statutes that prohibit discrimination in employment.
Investors brought a class action lawsuit against managers of a corporation, claiming that the managers made misleading statements that caused them to overpay for the corporation's stocks. An expert
Plaintiffs allege that the pharmaceutical company Sanofi, along with its predecessor and three company executives, made materially false or misleading statements regarding its breakthrough drug,
From October 2003 to February 2004, James Siracusano purchased thousands of Matrixx Initiatives Inc. shares. After purchasing the shares, Siracusano argued that the company had violated the
Two affiliates of a hugely successful hedge fund, SAC Capital Advisors, were charged with insider trading by the SEC. CR Intrinsic Investors and Sigma Capital Management apparently relied on "expert
Newman and Chiasson were among a group of financial analysts who received, directly and indirectly, information from corporate insiders. With information about Dell, they traded that company's stock,
How does the misappropriation theory apply to insider trading?
Why is it illegal to use inside information in making securities transactions?
What is the function of the SEC?
The directors of Rural Metro Corporation were contacted late in 2010 by financial advisors at RBC Capital Markets (RBC) to discuss a merger opportunty resulting from the sale of its competitor,
Several shareholders of Fannie Mae filed a derivative suit on behalf of the company after Fannie Mae had announced one of the largest corporate earning restatements in history. The first derivative
In June 2009, Country Bank failed, and the Federal Deposit Insurance Corporation (FDIC) subsequently became the receiver for Country Bank. As the receiver, the FDIC sought to recover losses of $42
Indiana Electronic Workers Pension Trust Fund (IBEW) is a retirement system that provides benefits to electrical workers in Indiana. IBEW is also a stockholder of Wal-Mart corporation. Wal-Mart de
Peter Smejkal was a corporate officer and director of J.A. Morrissey Inc. (JAM), a construction company. While employed at JAM, Smejkal had his own excavation business and secretly performed
What is the business judgment rule?
Explain the primary duties of officers and directors.
Keith Hammond drafted and signed articles of organization for Jetmar Properties LLC in November 2002, but he did not file the articles with the secretary of state. Later that same year, Hammond,
In 2014, one month before the decision in Patterson v. Domino's Pizza, the general counsel of the NLRB announced that it intended to pursue numerous allegations of unfair labor practices at the
1-800-Got Junk? is a junk removal franchise business headquartered in Vancouver, British Columbia, Canada. In late 2003, Got Junk entered a franchise agreement with Millenium Asset Recovery Inc. The
Brothers Aurelio and Hugo V. Garcia founded a trash removal business called Garcia's Inc. in the early 2000s. Hugo served as president and director. Garcia's decided to lease trucks and equipment to
Mike Karimi has been in the hotel management business since the 1980s. The name of Karimi's company is MAK LLC, which manages and operates several hotels in the United States. In 2004, two brothers,
P is a residential development company with a single member. The member's responsibilities "were to locate and purchase property, and then work with engineering companies and municipalities to have
Tracy Allen rented a home in which she had been residing since the summer of 1998. The landlordowner of the house later failed to pay taxes on the property, and, on March 16, 2000, Hard Assets LLC
On February 6, 2013, Daniel Farris filed a claim against International Paper Company (IP), alleging that IP failed to to pay vested vacation wages upon termination. On May 30, 2014, IP filed a
Kenneth Kinney and Kathleen Gallagher were in a personal relationship during which they agreed to purchase a house. While the couple did buy the house together, Kinney's name was not on the deed
Michael Savage was an employee of the City of Memphis Public Works Division who filed an equal protection claim against the City of Memphis after being terminated. The City's Civil Service commission
Explain how the doctrine of respondeat superior affects agency relationships.
How is apparent agency, or agency by estoppel, different from expressed agency?
Why is it important to determine whether a worker is an independent contractor or an employee?
Who can serve as an agent or a principal?
Woodcock graduated from law school and finished his MBA in 1983. His student loans came due nine months later. Because he was a part-time student until 1990, he requested that payment be deferred,
Nancy Polleys was a single mother living in Wyoming. She obtained federally guaranteed student loans totaling $51,000 in order to attend college. She ultimately obtained an accounting degree and
Andres Soza and his spouse transferred $30,000 into an annuity fund on October 13, 2005. The Sozas filed a Chapter 7 petition for bankruptcy the following day. The Sozas claimed the annuity was
Carlos and Suzanne Cortez filed their petition for Chapter 7 bankruptcy on April 8, 2004. At the time of filing, Suzanne Cortez was working, but Carlos was unemployed. Suzanne had reduced her work

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