Tyson Foods, Inc. v. Bouaphakeo I. Introduction a. I picked the Tyson Foods, Inc. v. Bouaphakeo case as my topic for my research paper. In this paper I will focus on the fundamental changes during the beginning to end of the case. I will also analyze the important facts that plaintiff and defendant used to testify during the trial. b, Peg Bouaphakeo and several former and current employees of Tyson Foods, Inc. sued the company's meat processing facilities in Storm Lake, Iowa.…
On April 5th, 2016 I attended the Harris County 215th Civil Courthouse located at 201 Caroline St, Houston, TX 77002. The civil court case was that of Elizabeth Cardona v. Melissa and Daisy Estrada. Cardona was the plaintiff whereas the Estrada sisters were the defendants. The civil court judge was Elaine Palmer. Cardona stated that the sisters approached her at her place of work in a clothing store in Deerbrook Mall and discussed a lucrative investment opportunity in the business promising her a share of the profits from the store in return for her investment which was over eighty thousand dollars that the plaintiff totally invested.…
Honorable Judge Schmidt: We are confused and baffled by Isaac Oberlander’s demands and ultimatums. Firstly, let us set the record straight: Yoely Brach (“Yoely”) is the defendant and should not dictate the terms of any arbitration proceedings. The fact remains that Mr. Jacob Guttman, the owner of Court Street Office Supplies, Inc. (“Company”), employed Yoely – right out of Kollel with no formal or general education – out of kindheartedness and compassion to his son-in-law. As Yoely mistook his father-in-law’s unselfishness for weakness, he engaged in erratic behavior, breached his fiduciary duties to the Company, and embezzled the Company by hundreds of thousands of dollars.…
The defendant wasn’t aware of the Hooters arbitration rules and procedures because they wanted to keep her in the dark on purpose. Annette was also at a large disadvantage due to her contract being heavily one-sided in favor of the employer. The question was brought up as to if Hooters (the employer) held too much power within this contract to the point where it is an unjust contract. Another concern is that the procedures will be too biased because of this power to the…
Del. Open MRI Radiology Assocs., P.A. v. Kessler, 898 A.2d 290 -- Close Corporation This cases involves 8 total shareholders/radiologists who equally owned a practice, Fox Chase. These 8 radiologists formed a corporation, Delaware Radiology, to capture additional revenues by owning MRI centers. A squeeze-out merger at Delaware Radiology occurred after the radiologists ' underlying radiology practice, Fox Chase, split up. Delaware Radiology was divided as such: the majority (Broder Group) was made up of five, representing 62.5% and the the minority (Kessler Group) was made up of three, representing 37.5%.…
So, a breach of warranties has transpired because the sunflowers were damaged. Thus, a summary judgment was granted Coleman’s claim of products liability, negligence, failure to warn, breach of implied warranties, and statutory violation but Summary judgment is denied on the claim of breach of express warranties. COMMERCE & INDUSTRY INSURANCE COMPANY V. BAYER…
Facts: William sued Swine, Inc. for unlawful age discrimination. William won the suit and was awarded $4.5 million. William’s attorney fees of $1.5 million were directly paid to the attorney. William filed taxes for the $3 million that he received, but did not include the attorney fees. The IRS audited William and asserted that the other $1.5 million awarded should have been included in William’s gross income and the attorney fees should have been expensed as miscellaneous itemized deduction and subject to the 2% floor.…
First, the court has ruled in favor of the plaintiff with respect to the alter ego argument; that the four entities Starline USA, Starline of Hollywood, Screamline and Movieland Charter are alter egos of one another and qualify as a named insured under Harco’s Commercial Auto policy. Furthermore, California Insurance Code states, an occurrence involving a motor vehicle, where multiple policies are available, the motor vehicle’s auto policy is primary and all other liability policies shall be excess. Harco’s defense counsel estimates there is $12,000,000 in excess coverage over Harco’s $5,000,000 policy limit. However, this is…
This lawsuit was dismissed on grounds of assumption of risk in…
DISCUSSION Petrograd will very likely be able to sustain just compensation from Coleman’s breach of warranty despite any statute of limitations concerns. While agreements involving intellectual property have yet to be definitively resolved in this state, a court is likely to find the contract between Petrograd and Coleman analogous to a sale of services, and therefore appropriate to be governed under Section 8106 of the Delaware commercial code. Though breach of promise actions under this rule are traditionally barred after three years, Petrograd’s situation likely qualifies for the discovery rule tolling exception due to the fact the injury was inherently unknowable. Alternatively, even if a court were to find the contract sufficient as a sale of goods, and appropriate to be governed under Section 2-725 of the state’s uniform commercial code,…
Did you know that the oldest company in North America dates back more than 347 years, and is still in business today? "The Governor and Compamy of Adventurers of England trading into Hudson's Bay" is known as the Hudson's Bay Company was an ancient for trading company that has evolved over time to one of the most successful retail groups in the world. Despite one of its subsidiaries closing down, it is still successful today. It all started with two men that founded a company that now makes billions of dollars a year and they now own one of the largest department stores and more than six other retailers.…
Clyde and Fresno would not have much success in their lawsuit against the board of directors for taking the company in a new direction. The Board of Directors presented their plan to the shareholders and allowed them to vote. Most of the shareholders believed in the new plan that’s why presented an “overwhelming majority vote”. Under the business judgement rule, courts won’t hear a suit against the Board of Directors (Brown & Sukys, 2013). In order for Clyde and Fresno to get the court to hear a suit against the Board of Directors regarding the new plan is that they would have to prove the Board of Directors engaged in fraud, illegal activities, or was negligent when taking the company in a new direction (Izzi, n.d.)…
If a claim will result in a potential recovery that is so low that one plaintiff may not find it worthwhile to pursue due to the expense and effort required it may be a good candidate for a Class Action Lawsuit. In these types of suits, many people with a common cause join together to file suit. Suits of this type are allowed when (1) The group share common questions of law that can be settled in the same suit, (2) it is not possible for the group members to bring the action individually, and (3) it is seen as a better approach than requiring the plaintiffs to file separate suits. Unfortunately, class action lawsuits are easy to abuse (Brown).…
On November 21 1980 the 26 story MGM Grand Hotel and Casino in Las Vegas, Nevada was occupied by approximately 5000 people when a tragic fire broke out in the restaurant known as “The Deli” as a result of a ground fault in the wall killing 85 people. A major contributor to the deaths was combustible furnishings, interior finishes, foam padding and moldings, air supply, and a very large undivided area that allowed for rapid fire spread and heavy smoke. Construction of the hotel and casino began in 1972 and was opened in December 1973. With approximately two million square feet of area only partial fire sprinkler protection was installed in the arcade, showrooms and convention areas on the ground level only. During construction the owners decided…
What systems did older cultures (and as Posner tries to say without being pejorative, “primitive cultures”) develop for contracts? Did these cultures seek to enforce all promises or just certain ones? If certain promises, what kinds? Oh Boy!…