Business Law: The Starkist Tuna Case
Reference: Anthony Ikejiaku (“Defendant”) v. MBF Leasing LLC (“Plaintiff”) To Whom It May Concern, my store was forced to close by the landlord who rented the property to my competitor across the street. I could not find any store within my reach to rent and I lost everything that I had. I slowly became depressed, stressed, and devastated. Up to this current time, I become upset or sadden at the memory of my lost store.
Dannon False Advertising Claims Regarding Activia About the company The Dannon Company, Inc. Makes a diverse and comprehensive range of approximately 200 types, styles and flavors of fresh and frozen dairy products to satisfy the evolving needs and desires of our consumers. Headquartered in White Plains, NY, Dannon makes yogurt at plants in Minster, OH, Fort Worth, TX, West Jordan, UT and Portland, OR. Established in the US in 1942, Dannon is a subsidiary of Danone, the leading global food and beverage company focused exclusively on better-for-you foods. For almost 75 years, Dannon has been exceeding consumer expectations through its commitment to delivering high-quality, wholesome, nutritious and innovative products in the dairy category.
Luigi Vittatoe Dr. George Ackerman ELA2603 Administrative and Personnel Law December 2, 2015 Week 6 Case Study: R. Williams Construction Co. v. OSHRC 1. What were the legal issues in this case? What did the court decide? R. Williams Construction Company petitions for review of a final order of the OSHRC for violations of the OSHA Act.
From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point
It is not a defense that the dog has never shown vicious behavior or bitten anyone in the past. In the case Supan V. Griffin, Griffin failed to provide evidence that the dog had ever bitten anyone in the past. However, the owner made a comment to his neighbor which “raised genuine issue of material fact as to owner’s knowledge of his dogs’ tendency to attack” and allowed the court to rule against the dog owner. This is similar to Roberts’ case in the fact that Chip has never bitten anyone, but, the owner knew of the dog’s propensity to chase down the football. Again, Robert’s knew of the dog’s inclination to celebrate and chase down the ball, even if it landed in the stands, and knew the possibility of injuring a patron.
The case that Stephen G. Breyer that he was really active in was United States v. Lopez. This case a twelfth grader bring a gun to school. “[He was] charged under Texas law with possession of a firearm on school premises.” (Tobin 96) The state’s charges were dropped when federal agents accused him of breaking the Gun-Free School Zone Act of 1990. The Boy ended up getting probation.
It was Ricky Franklin Smith fourth offense, in which he was known as a habitual offender. He pleaded guilty to a charge of breaking and entering. During his hearing in the Court of Appeals, Smith suggested that he deserve a resentence due to the fact his charges was base upon his expunged juvenile criminal record. The Court of Appeals referred back to the case in People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) that suggested that in pursuant to MCR 5.913 when a juvenile record is expunged it cannot be used in a sentencing. Whereas, People v. Jones 173 Mich App 341, 343;433 NW2d 829 (1988) states that an expunged juvenile record can be included in an investigation report and in a sentencing(People v. Smith, 2017).
Why 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"(“Second Amendment”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today.
Fisher v. Texas “Universities all over the country are breathing a sigh of relief,” Sherrilyn Ifill ("Fisher v. University of Texas”). The final decision of the court case Fisher v. Texas, ruled against student Abigail Fisher; rejecting her opinion that colleges taking in consideration of race as a factor of acceptances is a violation of the Equal Protection Clause in the 14th Amendment ("Fisher v University of Texas Syllabus”). This means that, when deciding among a pool of qualified applicants, a university can consider an applicant’s race, along with his or her test scores, grades, such things as extracurricular activities, athletic or musical ability, and special achievements outside school. Miss Fisher filed a suit after being outraged that she was declined by the color of her skin ("Fisher v. University of Texas”).
Stark Law was created with the purpose of forbidding providers from self-referring Medicare patients to others Medicare payable facilities for designed health services (DHS), where providers or one of their immediate family members has the direct or indirect financial relationship (Cleverly & Cleverly, 2017, p. 108). The law states that providers cannot bill Medicare or Medicaid for services provided under the disallow referrals and Medicare and Medicaid will not pay for those services. Violation of the law can results in the civil fines of up to $15000 per claim plus the double amount of reimbursements and $100000 for deliberately sidestep the law. Therefore, violation of the law by sending claims for small amounts of money to Medicare and
Coca-Cola Co. v. Koke Co. of America, 254 U.S. 143 (1920) U.S. Sup. Ct. Facts: 1886 marked the invention of a caramel-colored soft drink created by John Pemberton. Coca-Cola got its name after two main ingredients, coca leaves and kola nuts. The Coca-Cola Company is suing Koke Company of America from using the word Koke on their products. They believe Koke Company of America is violating trademark infringement and is unfairly making and selling a beverage for which a trademark Coke has used.
Legal decisions The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care.
Deals Co. v. Mainland Motors Corp., 40 Mich. Application. 270, 198 N.W.2d 757 (1972) (defendant corporation which allegedly did not honor agreement had burden of raising statute of frauds
One of the biggest arguments against collective redress mechanisms is that they can prompt the exploitations of such procedures. The most frequently cited threat is the example of the American regulation of class actions, whereby lawyers are permitted to receive contingency fees and punitive damages are
Sometimes, consequences of such a misconduct does not stop at customers’ turning away from the brand or even boycotting. In Dannon’s case, the company faced a class action settlement of up to $45 million in damages in a lawsuit with its deceived customers. The spotlight on Dannon also led to the company being forced to limit its health claims, adhering strictly to factual
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