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#1 VisionStream, Inc. (VisionStream), produced trade show displays and exhibits for a variety of clients across the country. Construction and production of the displays was
#1 VisionStream, Inc. (VisionStream), produced trade show displays and exhibits for a variety of clients across the country. Construction and production of the displays was done at the company's corporate headquarters in Missouri. While VisionStream's standard "Display Order" form listed the term "F.O.B. manufacturer," clients would often email orders, and generally did not include specific terms of title transfer. VisionStream shipped the displays to the trade show location by common carrier, where the client would first have the opportunity to inspect the finished product, and billed separately for shipping. VisionStream did not collect, or remit to the State of Missouri, sales tax on certain displays shipped to trade shows outside the state of Missouri. The Missouri Director of Revenue argued that the term "F.O.B. manufacturer" on the "Display Order" transferred title to the displays within the state, triggering state income tax liability on all VisionStream's sales. Was VisionStream liable to collect and pay the state sales tax? [VisionStream, Inc. v. Director of Revenue, 2015 WL 3978835 (Mo.)] #2 Alan Vitt sued Apple Computer Co., alleging that its advertising of a laptop computer as "mobile," "durable," "portable," "rugged," "built to withstand reasonable shock," "reliable," "high performance," "high value," an "affordable choice," and an "ideal student laptop" was misleading. He alleged that one of the solder joints on the logic board of the computer degraded slightly each time the computer was turned on and off, eventually causing the joint to break, and the computer to stop working shortly after Apple's one-year express warranty expired. He claimed that Apple had misrepresented the durability, portability, and quality of the computer and not disclosed the alleged defect. Was Apple's advertising misleading? [Vitt v. Apple Computer Inc., 469 Fed. Appx. 605 (9th Cir.)]
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