Questions and Answers of Dynamic Business Law

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
Dr. Jeffrey Hall performed a colonoscopy on Hellen Nash, during which he discovered a cancerous mass. Three days later, Hall performed surgery to remove the mass. However, Hall allegedly failed to
In June 2007, a federal jury entered a judgment in favor of Basile and against Spagnola for $150,000 in compensatory damages and $50,000 in punitive damages arising from Basile's claim of sexual
Fordyce Bank & Trust Company (Bank) issued several loans to Bean Timberland (Bean) so that Bean could purchase timber from various landowners. Bean gave the bank security interests in the
Holsinger filed a Chapter 13 bankruptcy petition on December 20, 2011, accompanied by a request for a waiver of the prefiling debt counseling requirement under the BABCPA. Holsinger had enrolled in a
On July 6, 2000, Shannon Hicklin purchased a 1993 Ford Explorer under an installment sales contract. Payments under the contract were assigned to Onyx Acceptance Corporation. Hicklin fell behind in
In January 2005, Joseph Palmer executed a retail installment contract and security agreement with Suburban Tractor Company to finance the purchase of a compact utility tractor and front loader.
Between July 2007 and July 2008, N&N Partners LLC executed three agreements to finance the purchase of commercial equipment. The collateral securing N&N's obligations under each agreement was
How does bankruptcy law benefit debtors and creditors?
Describe the various ways in which secured interests are perfected.
A Chapter 7 bankruptcy trustee is filing an action to recover funds from the wife of a debtor. The wife signed a debtor's instrument in which her husband borrowed funds to construct utility barns and
Starting in November 15, 2010, Kenneth Flaska, a former partner to Dawda, Mann, Mulcahy & Sadler, P.L.C., defrauded the law firm by presenting and depositing checks drawn on the law firm's IOLTA
A customer of Foster Bank named Choi deposited in her account a check for $133,026 that listed her as the payee. The check had been drawn on Wachovia Bank by a company called MediaEdge that had an
In this strange case, Albertson has already been convicted of passing checks that were ultimately dishonored because of insufficient funds in Albertson's checking account. Both Albertson and a
We meet Robert Triffin once again. On October 2012, the Child Support Enforcement Administration ("CSEA") issued a check in the amount of $544 to Rashad Jemal Christmas. The face of the check had a
Mary Lodge was one of eight African American firsttime homebuyers who filed an action against United Homes LLC, lenders, appraisers, lawyers, and others, alleging that the defendants conspired to
Daniel DeMarais is the former chief financial officer (CFO) of Apex IT. Through a Minnesota Department of Revenue investigation, it came to light that DeMarais had embezzled well over $400,000 from
At the end of January 2001, while cleaning out his self-storage locker, Kim Griffith found a certificate of deposit purportedly issued by Mellon Bank, N.A., of Pittsburgh, Pennsylvania, on July 3,
How are real defenses different from personal defenses to liability for a negotiable instrument?
What is the distinction between primary liability and secondary liability for a signed negotiable instrument?
Evaluate the following statement: “A party can never be held liable for a negotiable instrument if he or she did not sign the check.”
In January 2008, $243,000 was transferred from the account of William Ryder's account at the Universal City Studios Credit Union to a bank in Hong Kong. The credit union said someone who identified
Casey Anthony, a Florida resident, gained fame in the murder trial of her daughter, Kaylee. Among the charges brought against Anthony in court were check fraud and murder. The check fraud charge came
On January 14, 2006, Sam and Odalis Groome entered into a sales contract with Alpacas of America LLC (AOA) to purchase an Alpaca named "Phasion Model" for $18,750. Almost exactly one year later, the
In October 2006, America's Wholesale Lender (AWL) agreed to loan John Horvath $650,000. The loan was stated in an interest-only, fixed-rate note and was secured by a deed of trust on Horvath's home.
In the years 2011 and 2012, HH Computer Systems Inc. employed Jennifer Kim as an accounting manager. During this time, Kim took about 300 checks payable to HH to one of three check cashing companies,
In December 2009, Citibank issued a cashier’s check in the order of $300,000 payable to Richard N. Golden. Golden deposited the check into his bank account at JP Morgan Chase. Citibank then issued
Evaluate the following statement: “If a signature on a check is forged, the customer will never be responsible for the amount on the check.”
Explain the reason for the following policy: A customer has a duty to examine her or his bank statement.
Who are the three parties involved in the transfer of money through a check?
The defendant, Sterile Technologies Inc., purchased a sterilizer from the plaintiff, Troy Boiler Works, on an installment payment plan. The defendant was to make installment payments charged with 1.5
Are there limits to the right to cure? Does a breaching party have the right to cure the breach, or can the nonbreaching party proceed directly to a damage claim? See Dunleavy v. Paris Ceramics, 47
Aubrey Reeves purchased a computer system for his business from Radio Shack Computer Center. Radio Shack is the local retailer for products sold by Tandy, its parent company. During negotiations, it
Mrs. Dempsey paid $541 for a poodle named Mr. Dunphy. Unfortunately for Mr. Dunphy, he had an undescended testicle. Mrs. Dempsey could have “inspected” Mr. Dunphy but didn’t. After examinations
Jim Redman purchased a car from Bill Branch Chevrolet. However, the car had been reported stolen and Jim was unable to secure a good title. Redman sued Bill Branch Chevrolet on the breach of the
Does possible misuse constitute a waiver of the implied warranties? Consider the case of a lessee of a car who, after 18 months, found the car was running roughly. When taking the car back to the
Poor Sarah Jane not only had a short-lived marriage but found out that her supposedly $45,000 ring was worth only half that amount. It seems that the jeweler had misrepresented it to her now
In tort law, punitive damages are available for plaintiffs who are the victims of intentional torts. Contract law damage theory has been reluctant to apply punitive damages in contract cases, even
Go back in the chapter and look at Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent?
The defendant, Nwabuoku, purchased $1,500 worth of furniture from the plaintiff, Y&N Furniture. Through an arrangement with the plaintiff, the defendant financed the purchase through a financing
The buyer contracted with the seller for a customized machine. The seller filed to have the machine ready by the agreed-upon deadline. Twice the buyer agreed to an extension, neither of which was met
New furniture is delivered to the buyer, and it is badly damaged. The purchaser notified the furniture store of the damage, and the store sent a representative to the buyer. The representative
SMG was a frozen-poultry wholesaler, and Sanderson was one the suppliers. SMG contracted to sell 24 containers of frozen poultry to KVADRO, a Russian company. The shipping terms were CIF, cost
Marion Bottling Company bottled soft drink beverages in Marion, Virginia, and shipped them to its warehouse in Galax for storage. The beverages were subsequently delivered from the warehouse to
A company contracts with a marketing firm to construct software and create a business website. A quote is requested and accepted. Sometime later, the business asks for updates and revisions but fails
A foreclosure case saw creditors going after the business’s real estate. The business was a diner, however, the diner itself was a prefabricated building. The business owner claimed that the
The seller delivered goods to a New Orleans dock as delivery to the common carrier for shipment via steam ship to the buyer in Seattle. As the goods were being loaded, a fire broke out, destroying
Under common law, most property issues can be settled by who has a good title. Explain why such traditional characteristics of property ownership, such as transfer, risk of loss, insurable interest,

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