Business Scenario/Case Problems: Need help with these for practice

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Management Council, 2011 WL 1137334 (S.D.Cal. 2011)] (See Alternative Dispute Resolution.) 2-1. Standing to Sue. Jack and Maggie Turton bought a house in Jefferson County, Idaho, located directly across the street from a gravel pit. A few years later, the county converted the pit to a landfill. The landfill accepted many kinds of trash that cause harm to the environment, including major appliances, animal carcasses, containers with hazardous content warnings, leak ing car batteries, and waste oil. The Turtons complained to the county, but the county did nothing. The Turtons then filed a lawsuit against the county alleging violations of federal envi- ronmental laws pertaining to groundwater contamination and other pollution. Do the Turtons have standing to sue? Why or why not? (See Basic Judicial Requirements.) 2-4. Minimum Contacts. Seal Polymer Industries sold two freight containers of latex gloves to Med-Express, Inc., a com- pany based in North Carolina. When Med-Express failed to pay the $104,000 owed for the gloves, Seal Polymer sued in an Illinois court and obtained a judgment against Med-Express. Med-Express argued that it did not have minimum contacts with Illinois and therefore the Illinois judgment based on per- sonal jurisdiction was invalid. Med-Express stated that it was incorporated under North Carolina law, had its principal place of business in North Carolina, and therefore had no minimum contacts with Illinois. Was this statement alone sufficient to prevent the Illinois judgment from being collected against Med-Express in North Carolina? Why or why not? (Seal Poly- mer Industries v. Med-Express, Inc., 218 N.C.App. 447,725 S.E.2d 5 (2012)] (See Basic Judicial Requirements.) 2-2. Discovery. Advance Technology Consultants, Inc. (ATC), contracted with RoadTrac, LLC, to provide software and client software systems for products using global positioning satel- lite (GPS) technology being developed by RoadTrac. RoadTrac agreed to provide ATC with hardware with which ATC's soft- ware would interface. Problems soon arose, however, and RoadTrac filed a lawsuit against ATC alleging breach of con- tract. During discovery, Road Trac requested ATC's customer lists and marketing procedures. ATC objected to providing this information because RoadTrac and ATC had become compet- itors in the GPS industry. Should a party to a lawsuit have to hand over its confidential business secrets as part of a discov- ery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this mate- rial? (See Following a State Court Case.) 2-5. Arbitration. Horton Automatics and the Industrial Division of the Communications Workers of America -the union that represented Horton's workers-negotiated a collective bargain- ing agreement. If an employee's discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee had violated it. When Horton dis- charged its employee Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had vio- lated a reasonable safety rule, but "was not totally convinced" that Horton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Garza reinstated to his job. Can a court set aside this order from the arbitrator? Explain. [Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 506 Fed. Appx. 253 (5th Cir. 2013)] (See Alternative Dispute Resolution.) 2-3. Spotlight on the National Football League-Arbitration. Bruce Matthews played football for the Tennessee Titans. As part of his contract, he agreed to submit any dispute to arbitration. He also agreed that Tennessee law would determine all matters related to workers' compensation. After Matthews retired, he filed a workers' compensation claim in California. The arbitrator ruled that Matthews could pursue his claim in California but only under Tennessee law. Should the arbitrator's award be set aside? Explain. [National Football League Players Association National Football League 2-6. Business Case Problem with Sample Answer- Discovery. Jessica Lester died from injuries suffered in an auto accident caused by the driver of a truck owned by d Allied Concrete Co. Jessica's widower, Isaiah, filed a suit against Allied for damages. The defendant requested copies of all of Isaiah's Facebook photos and other postings. Before respond- ing, Isaiah "cleaned up" his Facebook page. Allied suspected that some of the items had been deleted, including a photo of Isaiah holding a beer can while wearing a T-shirt that declared " [heart] hotmoms." Can this material be recovered? If so, how? What effect might Isaiah's "misconduct" have on the result in this case? Discuss. [Allied Concrete Co. v. Lester, 285 Va. 295,736 S.E.2d 699 (2013)] (See Following a State Court Case.) -For a sample answer to Problem 2-6, go to Appendix Fat the end of this text. 27. Electronic Filing. Betsy Faden worked for the U.S. Depart- ment of Veterans Affairs. Faden was removed from her position in April 2012 and was given until May 29 to appeal the removal decision. She submitted an appeal through the Merit Systems Protection Board's e-filing system seven days after the dead- line. Ordered to show good cause for the delay, Faden testified that she had attempted to e-file the appeal while the board's system was down. The board acknowledged that its system had not been functioning on May 27, 28, and 29. Was Faden sufficiently diligent in ensuring a timely filing? Discuss. [Faden v. Merit Systems Protection Board, 553 Fed.Appx. 991 (Fed.Cir. 2014)] (See Courts Online.) 2-8. Corporate Contacts. LG Electronics, Inc., and nineteen other foreign companies participated in the global market for cathode ray tube (CRT) products, which were integrated as components in consumer goods, including television sets. These goods were sold for many years in high volume in the United States, including the state of Washington. Later, the state filed a suit in a Washington state court against LG and the others, alleging a conspiracy to raise prices and set production levels in the market for CRTs in violation of a state consumer protection statute. The defendants filed a motion to dismiss the suit for lack of personal jurisdiction. Should this motion be granted? Explain. [State of Washington v. LG Electronics, Inc., 341 P.3d 346 (Wash.App. 2015)] (See Basic Judicial Requirements.) 2-9. A Question of Ethics-Agreement to Arbitrate. Nellie Lumpkin, who suffered from dementia, was admitted to the Picayune Convalescent Center, a nursing home. Because of her mental condition, her daughter, Beverly McDaniel, signed the admissions agreement. It included a clause requiring the parties to submit any dispute to arbitra- tion. After Lumpkin left the center two years later, she filed a suit against Picayune to recover damages for mistreatment and malpractice. [Covenant Health & Rehabilitation of Picayune, LP V. Lumpkin, 23 50.3d 1092 (Miss.App. 2009)] (See Alternative Dis- pute Resolution.) 1. Is it ethical for this dispute-involving negligent medical care, not a breach of a commercial contract-to be forced into arbitration? Why or why not? Discuss whether medical facilities should be able to impose arbitration when there is generally no bargaining over such terms. 2. Should a person with limited mental capacity be held to the arbitration clause agreed to by her next of kin, who signed on her behalf? Why or why not