SCOTT V. CARPANZANO United States Court of Appeals, Fifth Circuit, 556 Fed. Appx 288 (2014) FACTS: Rick Scott deposited $2 million in an escrow account into Salvatore Carpanzano’s company. Because of his violation of the escrow agreement, his funds were withdrawn. Scott was not able to recover his money so filed a suit Salvatore Carpanzano, which included his daughter Carmela Carpanzano. Scott did not make any allegations on Carmela’s part.…
Todd Heller, Inc. v. Indiana Department of Transportation In early 2001 Indiana Department of Transportation (INDOT) entered into a Quantity Purchase Award agreement with Heller, Inc. Heller, Inc. is a Pennsylvania corporation. The agreement was for Heller to manufacture and distribute glass beads to INDOT’s various districts throughout the state of Indiana. (Glass beads are tiny spheres, which are mixed into traffic paint to create a reflective property.)…
The general rule says, company has approved or endorsed an act or contract that has been done or made except prior authorization. (PRBL Week 5 2015) As Karen and Jones were two legal directors so they were legal authority by law to take decisions. They thought it would be a good expansion opportunity for Delish and took the loan.…
Carter V. Tokai Financial Services, Inc. In the case, it follows Randy P. Carter and Tokai Financial services, Inc. where Tokai sued Carter for money that was not given under a lease agreement that the two had entered. It as stated that ARC made 4 of the rental payments before they defaulted on the obligation they had with Tokai. Following the ceasing of payment, Tokai the repossessed the equipment and sold it for $5,900. After the sale, Tokai brought a suit against in which they were awarded $56,675.74.…
Whether Espinosa (the debtor) mailed his discharge noticed under Chapter 13 bankruptcy to United Student Aid Funds meet the requirement of due process? Was the plan considering void judgment if the debtor fails to provide “undue hardship” in an adversary proceeding? RULE Initially, the Chapter 13 bankruptcy code allow debtors establish a plan and repay all or portion of their debts over a specific period of time list. A sufficient confirmation bankruptcy plan will result a discharge of debts if debtors pay off what’s list in the plan. Secondly, the Federal Rule of Civil Procedure 60(b)(4) allow party relief from a final judgment that’s “void”, which happen when there is jurisdictional error or violation of due process that a party lost their…
In Baker v Carr, the majority made up the basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear constitutional questions to regarding state elections; the majority simply made that up in order to hear the case. There is no branch of federal government that specializes in redistricting. Since representatives' political…
If I were in Harry Lewis’s position, I would make the decision to file for bankruptcy for FSI. There are a couple of different reason I would choose bankruptcy, rather than taking the deal from the private investor. Some of those influencing factors include; the current problems the company is facing, investors, ethics, and the union. FSI is facing some big problems starting out the new quarter that affect the future of the company. One of the biggest problems the company was facing was their prior years’ loss of a $141 million from a bad investment in a coal mine.…
He might not even have a case against him. There is definitely a risk of court in the case of his…
Prior to the 1970s, discriminatory lending practices became hidden produces in central cities across the nation. The origins of fair lending litigation can be traced back to a 1976 redlining case in Oakley, Cincinnati. It was not until 1968, when the Fair Housing Act and other federal provisions regarding discrimination became law binding. A precedent regarding the application and interpretation of the anti-discrimination provisions was waiting to be set for local neighborhoods in the United States. Robert Laufman, a leading Cincinnati civil rights attorney, would be the one to set such a precedent by brining the first fair lending case to the federal courtroom.…
U.S. v Salerno decided that was in fact no absolute right to bail. The issue brought up was the amount of bail set for Salerno after charges were brought up against him. The issue was the involvement of Salerno in organized crime and the bail amount that was set. He felt his 8th Amendment right to bail was being infringed upon and the case was brought to the Supreme Court. However, the Supreme Court ruled that excessive bail was not a condition of the 8th Amendment and that the need for "no bail" was not apparent in the initial writing of the Amendment.…
Reflection Paper #2 During this week’s discussions the focus was on Chapter 3 “Philosophical Ethics and Business”. What I found Interesting was the ethics behind Jestgo Corporation bankruptcy case. In class we spent time on the different ethical theories that can be applied to this case, however, I wanted to look at the case profoundly and relate it to the ethical theories we were taught.…
Bernie Madoff was a successful business man until his business came crashing down. Madoff had a securities company by the name of Cohmad securities. This company was in the same building of Madoff 's firm and was designed to introduce new investors to Madoff 's investing firm. GAAP principles are put in place for companies to abide by so financial records are kept as accurate as possible. Not to mention, accurate financial statements provide information to future investors and shareholders to know the company financial standing.…
Dastmalchi LLC developed several keys to success when the firm launched. Their “fast follower” strategy led them to penetrate many different markets and target different audiences, while maintaining low operational costs. The company had the ability to predict which new products would be successful in the market and quickly release their own, more affordable, version to the public. This strategy was carried out by the company finding manufactures of the product and repackaging and rebranding the product to make it their own. Rather than using their own resources to innovate and market their own unique products, Dastmalchi found a way to piggyback off the success of others.…
Final Outline Brandy Noell BUS 311: Business Law I Instructor Brian Lahargoue September 19, 2016 I. Introduction 1. Acme Fireworks sells kinds of fireworks that include but are not limited to single-use and aerial display ground show. If an individual can think of it, Acme Fireworks can supply it. Acme Fireworks is a sole proprietorship that started out in a smal garageand is now looking to change its entity status. They are looking change because of the recent influx of larger business contract requests that will create a larger employee base, causing more liability risk, and higher demand for what some may deam either dangerous or even a hazzardous product which in turn will prompt evaluation of insurance coverage and…
Bankruptcy has become more and more prevalent in the past twenty years. With the high rise of bankruptcy, comes crime, bankruptcy fraud. Bankruptcy fraud can be done by either a business or an individual, this paper will only be about business bankruptcy fraud. What is bankruptcy? What chapters can a business file?…