Questions and Answers of Dynamic Business Law The Essentials

If an employee voluntarily quits his job, may the employee collect unemployment compensation? What if the employee is fired?
May an employee who is injured on the job collect workers’ compensation and also sue the employer for negligence?
List and explain the exceptions to the employmentat-will doctrine.
What is the purpose of ERISA?
Why is a disparate-impact case more difficult to establish than a disparate-treatment case?
The plaintiff, Aileen Rizo, is an employee of the public schools in Fresno County. After discovering that the County paid her less than her male counterparts for the same work, she brought this
What is erroneous about the argument that we no longer need the Superfund because the Resource Conservation and Recovery Act now ensures that all waste is properly disposed of?
Since 1906, Teck Cominco Metals, Ltd., located ten miles north of the US-Canada border emitted hazardous substances such as lead, arsenic, cadmium, and mercury compounds into the atmosphere from the
The plaintiffs, various environmental groups, sued the defendant Army Corps of Engineers for violating the Clean Water Act, the National Environmental Protection Act, and the Administrative Procedure
You saw in Case 46-3 that state law could be preempted by federal law. The question in this case is whether local law can also be preempted by state pesticide law. In November 2013, Kauai County in
Jacquelyn N’jai lived in an apartment in Pittsburgh owned by Gary and Connie Bentz from 2008 to 2012. N’jai alleged that she experienced cramping in her toes, burning in her eyes, and
What is a rule-of-reason analysis, and what is its purpose in the courts? What are the four things the courts consider when engaging in a rule-of-reason analysis?
In what ways can horizontal and vertical mergers be harmful to competition?
Four suits, including three potential class-action suits and a suit by Schwab Bank, were filed against Bank of America and several other banks for alleged price fixing. The defendants, sixteen of the
Millcraft Paper Co. and Veritiv Corporation are wholesale distributors of printing paper products used for automotive advertising projects. When an automotive company or its contracted advertising
MAC Trailer Manufacturing is a company that has distribution agreements covering most of the states in the United States. MAC had a distribution agreement with two companies in relatively close
The US government was joined by 17 states in a 2010 antitrust suit, alleging that American Express rules preventing merchants from steering customers to cards with lower processing costs violate
The National Football League (NFL) is an unincorporated association of separately owned and operated football teams that collectively produce an annual season of over 250 interrelated football games.
In 2013, the US Department of Justice filed suit to halt the planned merger between American Airlines and U.S. Air. In a November 22, 2013, editorial, Forbes magazine claimed that the case
Explain which type of property each of the following is: 1. A tree 2. Lumber 3. A car 4. A built-in oven
What is the difference between a gift causa mortis and an inter vivos gift?
How is lost property different from mislaid property, and why is that distinction important?
What is the relationship between the rights of the bailee and the duties of the bailor?
In 2011, a case arose that involved an alleged causa mortis gift. When Roger Hansen was alive, he owned estates that his nieces and their families were making payments on. Before he died, he wrote a
Kelly Sr. had saved a significant amount of money. When he was 93, he fell and broke his hip, so he moved to a rehabilitation center. He thought he was going to die. According to one son, Kelly Sr.
Robert Spann lived in his house until he died. His daughter, Karen Spann Grande, became the administrator of the estate. She and her sister knew that their dad kept a lot of money, jewelry, and other
In Oregon, a man’s dog scaled his fence and ran away. The man searched for his dog. He put up fliers, posted on Craigslist, and alerted the local animal control by filing a report. He never saw the
Explain what a fixture is and when it is not treated as a part of the real property to which it is attached.
List the primary characteristics of three forms of joint ownership.
List the steps of the voluntary transfer of ownership of real property.
Explain how a piece of property could be involuntarily transferred.
Bogy and Hass each own adjoining pieces of farmland. A portion of Bogy’s property has long been accessed by a road that passes through Hass’s property. Herbert Bogy, his sons, and farming tenants
Woody Creek Ventures, LLC purchased two parcels of land in Pitkin County, Colorado, with the intention of dividing the land into subplots and selling them. Wood Creek also purchased a title insurance
In a familiar tale of familial feuds over passed down property, a son and grandson fight for their ownership claim in a house. On June 9, 2009, Molly Bryant executed a deed that conveyed a house in
The Whelans filed suit to claim adverse possession of a 12.25-foot strip of land belonging to Allen and Michelle Loun that was located along the south of the Whelans’s property. There was a fence
What is the most distinguishing element of a landlord-tenant relationship?
As a tenant, what are the remedies available to you if the landlord breaches the implied warranty of habitability?
Explain the distinction between assignment and sublease.
Burbank Apartments Tenant Association had a project-based Section 8 housing assistance payment contract (HAP) with the United States Department of Housing and Urban Development. Project-based Section
The plaintiffs resided at a residential property located at 29 Spring Street, West Warwick, Rhode Island (Property). Plaintiffs Gregoire and Traynor entered into a residential lease agreement with
A landlord filed a nonpayment proceeding to recover possession of the 1st Floor at 49 Water Lane North, Levittown, New York. The tenant allegedly owed the petitioner the sum of $9,970.00. The tenant
Pureform Movement LLC originally held a lease with Brosrub Company LLC, before the lease was transferred to another landlord, 101 E. Burnside Partners LLC when it bought the building. The lease was
In late 2011, Richard Bolmer filed a lawsuit against Connolly Properties, Inc., claiming that its rental property, in which he resided, was poorly maintained. He claimed that the property was left
Escobar, a college student, sustained injuries when he fell from a fourth-story window of the Mark Tower residence hall at the University of Southern California (USC). Before he fell, he had been
Why do states often require that insurance contracts include certain clauses?
When may the insurer cancel the insurance policy?
Why are liability policies important for businesses?
In February 2008, the Washington State Department of Transportation diverted snowmelt through trenches located in the vicinity of Northwest Bedding Company’s facilities. The water overflowed the
On March 7, 2007, Toby Young was participating in a five-day cross-country ski and yoga program with Elderhostel and the Craftsbury Center, Inc. Young spent the afternoon cross-country skiing. A
Duall Building Restoration, Inc., brought an action against the property owner of 1143 East Jersey, alleging that the owner had failed to make the necessary payments specified in the parties’
Plaintiffs Glenn Tibble and others sued Edison International and affiliated companies. At issue in the case are 17 mutual funds that defendants selected as plan investment options in March 1999. For
Brian Cooper was a regional manager for three employers: Home Depot USA, Inc., Grand Service, LLC, and Grand Flower Growers, Inc (the defendants). Cooper had a history of sexually harassing young
Fulton Friedman & Gullace, LLP, is a debt collector that set out to collect debts on the behalf of Asset Acceptance, LLC. Fulton sent form letters to various consumers stating that their debt had
Plaintiff Applequist had a lengthy career in sales and event marketing spanning from California to Nevada and most recently in Mississippi and Alabama. In 2003, she moved from the Mississippi Gulf
Tom and Shannon Brown bought a new home constructed by Waldron Properties, LLC, in Mississippi in 2006. In 2011, the Browns noticed cracks in the walls of their home. They sought a licensed
How do we protect water quality?
Maurice Clarett, a former running back for Ohio State University and a Big Ten Freshman of the Year, wanted to enter the NFL draft. However, Clarett was precluded under the NFL’s current rules
List the elements that must be contained in an environmental impact statement.
How is equal work defined under the Equal Pay Act?
How does each of the primary segments of the Clean Air Act contribute to the act’s overall goal of improving air quality?
What business practices can be considered illegal as a result of the Clayton Act, which Congress passed in 1914?
Derrick George was the unfortunate victim of crime in his very own apartment. On June 11, 2011, George’s apartment was burglarized while he was not home. The manager of the apartment complex,
In May 2007, Larry Ward purchased a newly constructed home in Virginia Beach, Virginia. He obtained a homeowner’s insurance policy from TravCo Insurance Company. The policy was renewed annually
On June 13, 2009, Sage McGirk participated in a group skydive offered by Skydive Factory. Robert Mehl, an agent of Skydive Factory, piloted the airplane carrying the group, which took off from the
Amy and Wade Finley, Jr., were married in 1990. They faced fertility challenges and consequently produced and froze four embryos through an in vitro fertilization and embryo transfer program. In July
Altman Contractors, Inc., the general contractor for the construction of a high-rise condominium in Broward County, Florida known as “Sapphire,” was insured by Crum & Forster Specialty Insurance
Douglas and Katy Rasmussen owned a rental house in Lake Jackson, Texas. The Rasmussens insured the house with Texas Farm Bureau Underwriters. The Rasmussens dealt directly with Texas Farm Bureau’s
Identify and describe the two most important estate planning tools.
What are intestacy statutes, and why are they important?
What is the difference between a living will and a health care proxy?
Mary McDaniel was married to Luther McDaniel for over 60 years, until her death at age 87 in December 2006. Luther died two-and-a-half years later in June 2009 at the age of 92. The McDaniels had two
Trevor and Karen Seaman were married on January 6, 2001. Shortly before their marriage, in November 2000, Trevor was diagnosed with cancer. Due to the risk of infertility that could be caused by
In February 2010, Thomas Stewart died in an accident. He was survived by five adult children. In 2007, Stewart executed a will and trust that explicitly excluded one of his sons, Sean Stewart, from
Elvira Aguilar owned a home in San Antonio, Texas, where she lived with her partner Johnny Montoya Garza. In March 2005, Elvira and Garza signed a document titled “Will from Johnny Montoya Garza
Fred Berg executed a will in December 1997 in which he named one of his nephews, Roger Berg, as his sole heir. Roger was acting as Fred’s attorney-infact at the time but was unaware that he had
Milton and Helen Boman had three childrenCynthia, Trudy and Wesley. Wesley helped his parents with their farming operations in Hancock County, Iowa, for thirty years and shared in the profits equally
In 1984, Irving Duke prepared a holographic will in which he left all of his property to his wife Beatrice. He left one dollar to his brother Harry and disinherited all other persons. The will
Sture Graffman entered into a contract with Miguel Espel whereby Espel and his company (MTS) became the exclusive agent for the promotion and sale of Graffman’s Picasso painting. Espel asked his
In 1987, R.H. Love Gallery owned the title to a painting entitled Marlton’s Cove. The gallery sold 50 percent of the painting to Altman Fine Arts, a New York art dealer, and 50 percent to Andre
William and Donna Hardy purchased a motor home in July 1993 for $38,989. The day after purchasing the motor home, the Hardys commenced a cross-country trip. The Hardys had noticed a small crack on
Plaintiff sells to Defendant software packages for Defendant to package and resell to customers. The plaintiff does not dispute that the software packages are goods under the UCC. However, the
Think back to the Vitol v. Koch Case Opener. Utilizing three different sets of contracts rules for performance: common law, the UCC, the CISG. What differences, if any, might be present from these
Midwest Mobile Diagnostic Imaging (MMDI) brought suit against Ellis & Watts (E&W), a division of Dynamics Corporation of America, for breach of contract. The dispute arose when E&W delivered the
The buyer contracted with the seller for a customized machine. The seller failed to have the machine ready by the agreed-on deadline. The buyer agreed to two extensions, both of which were not met by
Plaintiff orders a new mobile home from the defendant. It is delivered in two lots, each wrapped tightly in plastic. Wind and rain had ripped open one of the lot’s plastic protective covering,
Plaintiff sues the defendant for nonconforming goods and failure of performance under a UCC article 2 contract and under state law. However, the lawsuit should properly have been filed under the CISG
Hot Lights breached its contract with Weatherford by failing to provide the full amount of lighting required in the contract. However, Hot Light contends that the trial court erred in concluding that
Should lost profit be permitted as a potential remedy when it has not been realized yet? The CISG includes lost profit in its damage theory almost automatically. Should the UCC do so as well?
In 1997, a seller and buyer enter into an agreement for the purchase of industrial ball bearings. Buyer agrees to a minimum purchase of ball bearings each year. The buyer never purchases the minimum
KGM Harvesting Company, the seller, had a contract to deliver 14 loads of lettuce each week to lettuce broker Fresh Network, the buyer, for 9 cents a pound. When the price of lettuce rose, KGM
Seller assigns the right to receive monies owed from a UCC article 2 contract to a third party by way of assignment. For a variety of reasons, defendant buyer refuses to pay the invoiced amount. The
Appellants’ buyers purchased a small mom-and-pop gas station/convenience store from a Mr. Lowe. One of the appellants’ claims is that the sales contract was unconscionable. Appellants’
Defendant Cross Creek sells seeds and sold seed packets to a number of plaintiffs. The seeds were mislabeled causing the plaintiffs monetary loss. The defendant concedes that the Court accept
MAHO is a German manufacturer with offices in the United States. It makes industrial milling and boring machines. MAHO contracted to sell Windward a MAHO 700s machine that Windward required for a new
Plaintiff purchased a pair of work boots at WalMart. The boots did not perform as plaintiff was led to believe, and not only did the boots wear down considerably but it resulted in an injury to the
Kevin Scott purchased a Ford van on credit on May 14, 1987. The total cost of the van was $18,399, and Scott made a down payment of $3,406. After the van was damaged in a traffic accident, Scott
Alan Broad bought a new Jaguar automobile. The dealership stated that it would repair any issues with the vehicle in the future. A number of issues developed, and Broad was in and out of the
Deborah and Jerry Welchert began commercially growing vegetables in 1989. In 1990, they leased a tract of land southeast of Blair, Nebraska, for this purpose that was also to be farmed by Jerry’s
Brent Bentrim purchased a house by obtaining a loan from Bank of America. In 2002, Bentrim borrowed $182,700 from First Union National Bank, executing a mortgage and note in First Union’s favor
Stacy and Michael Russell are residents in Harrah, Oklahoma, who live in a trailer. Oklahoma Farm Bureau Mutual Insurance Company was the insurer on the home. Within the Russells’ policy, a section

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