MGMT 520 WEEK 8 FINAL

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MGMT 520 WEEK 8 FINAL
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MGMT 520 WEEK 8 FINAL,
TCOs A, E, F) John and Janet Fonda, siblings and actors, decide to retire after years on the road. They remember a town in New Jersey they were familiar with from their travels. From the internet, they learn…(Points : 30)

(TCOs G and I) In the 1930s, after immigrating to the U.S. from a region in central Europe threatened by the onset of World War II, Luigi and Maria Spongee opened a bakery in Chicago. They specialized in snack cakes. Spongee Cup Cakes became so popular in the area that the family stopped being actual bakers and became…(Points : 30)

(1) Herbal Snacks’ advertising campaign is a direct hit on Spongee Cup Cakes, which..

(2) Both have entered into a competitive campaign to gain more shelf space and better…

(3) Herbal Snacks was using preservatives based on Canada’s standards, which were…

(TCOs A, E, F) John, Lionel, and Evelyn Harrymore, siblings and actors, decide to retire after years on the road. They remember a town in Illinois they were familiar with from their travels. From the internet…(Points: 30)

(TCO C) Three professors from Keller’s New Jersey campus, Robinson, Romney, and Obama, decide to visit ABC Go-kart facility together in Pennsylvania. This decision is made after a lengthy faculty brunch, at which unlimited alcoholic mimosas…(Points: 30) (a) Professor Robinson’s widow can claim negligence due to a proximity cause against ABC Go-Kart facility for not…

(b) ABC Go-Kart can claim that they are not liable for Professor Robinson’s death because the three professors signed a contract waiving their legal rights for holding ABC liable for…

© The case should be brought in the state of…

(TCOs A, B, F, H) PART A

Paul and Thomas Hamilton, brothers, are college students and web designers. While at the University of Megalopolis, a private, for-profit college in the “Quad State” area, they started an online chat service called LinkTime. Paul attended and resided…

PART B

LinkTime has been a phenomenal success for over ten years. They are now a worldwide social networking phenomenon. Over the years and the various incarnations of the business enterprise, they are now a corporation with just under 100 shareholders. In…(Points: 60)

(TCOs A, D, E) Marvin worked at the local country club pool as a lifeguard, not a swim teacher, for the summer of 2013. Marvin was a public school physical education teacher. The country club did not do a background check or confirm any references…(Points: 30) (TCOs A, E, F) John and Edwin Booth, brothers and actors, decide to retire after years on the road. They remember a town in Louisiana they were familiar with from their travels. From the internet, they learn of a farm a few miles outside of town that seems ideal. There…(Points: 30)

(TCOs B, C, G, I) KWRF, a small market radio station, learns from reading in the industry trade magazine that the Federal Communications Commission (FCC) has proposed a regulation change. The regulation will require radio stations to do an additional 20 minutes…(Points: 15)

(TCOs G and I) In the 1930s, after immigrating to the U.S. from a region in central Europe threatened by the onset of World War II, Bruno and Helga Kreamie opened a bakery in Brooklyn. They specialized in snack cakes. Kreamie Cup Cakes…(Points : 30)

(1) Granola Snacks’ advertising campaign is a direct hit on Kreamie Cup Cakes, which…

(2) Both have entered into a competitive campaign to gain more shelf space and better…

(3) Granola Snacks was using preservatives based on Mexico’s standards, which were…

(TCOs D, E, F) Frank Jones is a college student who had a plow attached to his jeep so he could earn extra money plowing during the winter. Jones was under contract to plow the driveways of Mr. Washington and Ms. Adams, two neighbors down the street. John Smith lives between Washington and Adams. Jones took it upon himself to plow Smith’s lot the seven…(Points : 15)

Jones can enforce his $600 bill through a quasi-contract. More specifically, a quasi-contract is not a contract at all, but rather an obligation imposed by the court to bring about…

(TCOs B, C, G, I) Lonestar Trucking, a large freight carrier servicing the Southwest, learns from reading in the industry trade magazine that the Federal Motor Carrier Safety Administration (FMCSA) has proposed a regulation change. The regulation, proposed pursuant to a statute that restricts…(Points : 15)

To oppose this change, Lonestar Trucking can exercise their right of referendum. This is the right of the people to approve or reject an act of the legislature, or the right of “the people…

(TCO C) Three professors from Keller’s Illinois campus, Favre, Bush, and Clinton, decide to visit XYZ Go-kart facility together in Minnesota. This decision is made after a lengthy faculty brunch, at which unlimited alcoholic mimosas were served. XYZ Go-kart..

(a) What claims may Professor Favre’s widow bring against the various parties? Professor

(b) What defenses might each party bring against the possible claims asserted by Professor Favre’s widow

(c) In what state should the case be brought? (Points : 30)

(TCOs A, D, E) Judy Collinsworth, a then-unknown folk singer, signed a three album recording contract with Mercury Apollo Music, Inc. Mercury Apollo Music was a boutique label specializing in folk artists. Collinsworth’s first album for Mercury Apollo was moderately…
(a) What causes of action might NastiCondiMedia bring against Collinsworth and EasyListening?

NastiCondiMedia can file a breach of contract case against Collinsworth and it can file a case against EasyListening that their contract…

(b) What causes of action might Collinsworth and EasyListening bring against NastiCondiMedia?

Collinsworth can justify her breach of contract with an excuse by failure of presupposed conditions. This means that a party has a…

(c) What types of relief might either party seek? (Points : 30)

NastiCondiMedia may seek damages against Collinsworth for the profits they would have gained had Baker completed the three albums indicated in her…

(TCOs A, B, F, H) PART A
Paul and Thomas Franklin, brothers, are college students and web designers. While at the University of Megalopolis, a private, for-profit college in the “Quad State” area, they started an online chat service called FaceLinked. Paul attended and resided at the college’s…

PART B
FaceLinked has been a phenomenal success for over ten years. They are now a worldwide social networking phenomenon. Over the years and the various incarnations of the business enterprise, they are now a corporation with just under 100 shareholders. In anticipation of a public offering, they have just completed a private stock offering and allowed several of the initial…(Points: 60)

(TCOs A, B, F, H) PART B

(TCOs A, D, E) Woody worked at the local country club pool as a lifeguard, not a swim teacher, for the summer of 2013. Woody was a public school physical education teacher. The country club did not do a background check or confirm any references when they hired him. They relied on the “say-so” of Woody’s brother, a member of the country club board of directors. The country…(Points : 30)

(TCOs G and I) In the 1930s, after immigrating to the U.S. from Ireland at the onset of World War II, Shamus and Mary McCream opened a bakery in Boston. They specialized in snack cakes. McCream Cup Cakes became so popular in the area that the family stopped being actual bakers and became manufacturers/ food processors…

(1) Healthy Snacks’ advertising campaign is a direct hit on McCreamie Cup Cakes, which they

(2) The marketing and distribution campaigns both companies have engaged in.

(3) The liability issues Healthy Snacks faces regarding their use of food manufactured outside of the United States. (Points : 30)

(TCOs A, E, F) John and Edwin Booth, brothers and actors, decide to retire after years on the road. They remember a town in Louisiana they were familiar with from their travels. From the internet, they learn of a farm a few miles outside of town that seems ideal. There…(Points : 30)

(TCO D) Short Answer Question and Facts for Page 1 Questions:

A well-known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic…(Points : 15)

(TCO B) The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to challenge this and begins the process of adding them to all of their products. However, McFadden, Inc., a New York pharmaceutical…(Points: 30)

Two ways in which McFadden can contest the FDA ruling, and challenge the requirement that is imposed by the FDA are discussed below:

(TCO C) Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait…(Points : 30)

Here is a second version of this question

You are the public relations advisor for Robins & Robins, and your boss tells you to write him a memo that he will use to draft a public announcement. He needs you to explain to him why Robins & Robins should not be found negligent for these deaths and illnesses. Draft the memo utilizing the elements of 402A and negligence. Include (and fully explain) any defenses you feel that Robins & Robins may have. Recall that your boss needs all pertinent information for him to write an announcement to the public after reading your memo.

(TCO A) It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their “fake” recall failed. Using the…(Points: 30)

(TCO I) A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge pay-outs to victim families. In Canada, the cap on non-pecuniary damages is around $300,000. Punitive damages in Canada are rarely…(Points: 15)

This is a same scenario, but the last question is different. See answer below to the last part.

(TCO I) A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on non-pecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Will this Canadian citizen be permitted to sue Robins & Robins in this California court? Why or why not?

(TCO E and H) A private high school hires a new Superintendent, George Forester. The school is owned by a local Lutheran Church and is run by a board of directors chosen by church members. Supt. Forester shows up for his first day of work, and sends a memo via intercompany mail to all teachers:

Dear Staff:

There is a new Sheriff in town – and it is me. As your new leader, I am implementing a dress code that includes no slacks or shorts for women and no earrings for male teachers. Men shall all be clean shaven. Violators will be docked one week’s pay; 2nd offenses will…

(TCO E) Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health.) You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOL’S liability only. Write a brief memo as to whether Pastor Forester committed illegal or discriminatory…

Here is a second version of this question

(TCO E) Anna and Lisa both sue Pastor Forester and the school under Title VII. Analyze their Title VII lawsuit against the school and Pastor Forester. Explain whether you feel that the two injured teachers have cases for recovery (describe the theories and whether you feel they will be successful). Discuss whether the school being a religious, private school has…

(TCO H and E) In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately…(Points: 30)

(TCO F and G) Laura Etheridge and Rita O’Donnell, the CEO and Creative Director of Clean Clothes (a Texas based lesbian women’s clothing line) brainstormed together and came up with a tagline for their new slacks line: “Masculine Attitude, Feminine Fit.” They market the product on YouTube, Twitter, and Face Book showcasing their “Funky Femme” slacks collection, made from a material which resembles alpaca wool, but is actually organic cotton….

Using the above fact pattern, analyze fully, the following questions:

(TCO F) Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and “Right of Publicity” claims in her complaint. Clean Clothes countersues for product disparagement. Joseph…(Points: 30)

(TCO G) It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her…(Points: 30)
(TCO B) Name one argument that Robins & Robins could have used to fight against the imposition of a tracking bar (UPC) requirement in the event their lobbying efforts during public comments had failed. Explain the argument and the procedural method Robins would use to fight it. If Robins had not gotten involved in the public comments period, would your answer change?

(TCO F) Eagle Standard AInc. (ESI) a major engineering firm specialized in designing aircraft parts for government contracts. ESI employees project managers and 42 engineers who are divided into project group of 6-7 members. The majority of project team leaders have spent time in France and Britain learning new technology. The Eagle 6 project team consisting of 6 engineers is developing new equipment for a jet fighter. The project has been ongoing for 18 months and all 6 engineers have…

(TCO B) Faxco Incorporated is a business with 500 employees. The CEO of the company has recently learned based on employee surveys. That the employees are not very happy with the company in fact the CEO is starting to believe that this may be the reason why Faxco is experiencing slower sales and a recent budget crisis which threatens to shut down the company in 3 years if it is not fixed.

You are a consultant and the CEO has asked you to visit the company for a week and…(Points: 45)

(TCOs D, E, F) State Senator Leghornne, while filibustering the opposition party’s proposed statute on public education, accuses State Senator Gentile, the bill’s sponsor, of being an “unabashed child lover.” It is common knowledge that State Senator Gentile, who is gay, recently married an 18-year-old college intern who had worked in his legislative offices. The relationship and the marriage were covered in the local papers…(Points : 15)

(TCOs D, E, F) Benjamin is a long-time key salesman for Morton and Dunderfield, a business supply company in Eastern Pennsylvania. The company decides to change its formal employer/employee relationship with all of its sales people, including Benjamin. Instead of compensating them with salary and a bonus based on quarterly sales, they change…(Points : 15)

(TCOs B, C, G, I) Vineyard Air, a small business with one twin engine airplane that shuttles people from Boston to Martha’s Vineyard, learns from reading in the industry trade magazine that the Federal Aviation Administration (FAA) has proposed a regulation change. Instead of requiring planes to undergo a major 48 hour maintenance and inspection process after 1000 hours of flight time, the proposed regulation will….(Points : 15)

(TCOs A, D, E) Anita Baker, a then-unknown jazz singer, signed a three album recording contract with Beverly Glen Music, Inc. Beverly Glen Music was a boutique label specializing in jazz artists. Baker’s first album for Beverly Glen was moderately successful. The second album, unfortunately, was panned by the critics and did not sell. Beverly Glen Music was acquired by MegaMedia, Inc. MegaMedia, in an effort to re-vitalize Baker’s career, encouraged

(a) What causes of action might MegaMedia bring against Baker and Elysium?

(b) What causes of action might Baker and Elysium bring against MegaMedia?

(c) What types of relief might either party seek? (Points : 30)

(TCOs A, D, E) Jane worked at the local country club pool as a lifeguard, not a swim teacher, for the summer of 2013. Jane was a public school physical education teacher. The country club did not do a background check or confirm any references when they hired her. They relied on the “say-so” of Jane’s brother, a member of the country club board of directors. The country club only did a cursory Internet search of the…

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