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.)…
Considering the Elora Jean & Co. work environment and history (124 employees, in business for 18 months, mix of union/non-union), is the company currently exposed to any legal risk by not having a defined leave policy in place? If so, what are the risks and the penalties for violation? Since the company does not have a well defined leave policy in place the company can face legal challenges from several quarters. First, the company can be held legally liable for violation of specific statutes.…
Case Study 1: Lizardo versus Denny Inc. NDI Officers that were hired as security for Denny’s Restaurant escorted a complaining Asian American out of the restaurant and threatened to arrest him for disorderly conduct all because of a delay in seating (Curtis & McBride, 2011). A fight erupted outside and a group of African Americans that were waiting to be seated went outside to see what was going on (Curtis & McBride, 2011). One of them reentered the restaurant and was describing the commotion happening outside.…
I work for Toyon Research Corporation, a small, employee-owned company. I am also one of the two trustees for Toyon’s Employee Stock Ownership Plan (ESOP), and several years ago I was one of seven directors on our company’s board, and may decide to serve again in the future. While, Toyon is a closed corporation, it is still subject to many of the same laws governing organizations with publically traded stock. In fact, Toyon has experienced first-hand some of the difficulties big corporations face in abiding by the countless rules and regulations that they must conform to, including ERISA.…
Strict Product Liability The Calles v. Scripto-Tokai Corp. case is about a mother, Susan Calles, suing Tokai Corporation the designer of the Aim ‘n Flame lighting rod and Scripto-Tokai Corporation the company that sold the product. This lawsuit happened after Susan’s daughter, Jillian, died from smoke inhalation due to a house fire caused by her other five year old daughter, Jenna, lighting the Aim n’ Flame lighting rod. On the court listener is states that Susan Calles sued, “alleging that the Aim N Flame was defectively designed and unreasonably dangerous because it did not contain a child-resistant safety device. According to the complaint, a safety device was available, inexpensive, and would have reduced the risk that children could…
Facts: A teenager known as J.D.B was 13 years old when he was taken into a secluded area for questioning by authorities. The officers questioned J.D.B concerning stolen property, considering that this was his second incident with authorities on the same issue. After being question for 30 to 45 minutes, J.D.B confessed to the crime. It was only after J.D.B confessed to the crime that authorities informed of him that he does not have to answer any questions, but he had the right to leave. The courts tried to include J.D.B’s confession into court and charge him with the crime of stealing stolen property.…
Alternatively, N.J.S.A. 34:15-51 sets forth the statutory requirements for filing a petition in Workers’ Compensation Court, which is as follows: “Every claimant for compensation under Article 2 of this chapter ( R.S. 34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S. 34:15-50 , submit to the Division of Workers' Compensation a petition filed and verified in a manner prescribed by regulation, within two years after the date on which the accident occurred, or in case an agreement for compensation has been made between the employer and the claimant, then within two years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation except that repair or replacement of prosthetic devices shall not be construed to extend the time for filing of a claim petition. A payment, or agreement to pay by the insurance carrier, shall for the purpose of this section be deemed payment or agreement by the employer. The petition shall state the respective addresses of the…
Under California law, the first aspect that must be established in a negligence case is the existence of duty. The existence of duty depends on “foreseeability of risk.” If there is a foreseeable risk, then it becomes the duty of an individual to adhere to solving it. If the individual fails to resolve the issue, and someone is harmed, that individual could then held liable for the incident. (6 Witkin, Summary of Cal.…
Introduction In this case analysis, we will be discussing the Diagnostic Products Corporation (DMC) Performance Bonus Program. In examining this program, we will evaluate it as a whole and how it is currently being implemented. After doing this, we will offer any suggestions we feel will enhance this compensation method. Following this, we will look at alternatives to the bonus compensation option.…
Company Overview: Bayou Group LLC The Bayou Group LLC (Bayou Group) was founded by Samuel Israel III along with two co-founders, James Marquez and Daniel Marino in 1996. It attracted many investors as there is high expectation on it produces high returns. Bayou was a service company that does trading and investing client’s fund to produce return.…
1. Based on these facts, what are the policy considerations in favor and against allowing the plaintiff to pursue a lawsuit against OSHA, seeking a writ of mandamus from a federal judge, and requiring OSHA to adjudicate plaintiff’s retaliation claim against the employer? This case is about a man, Roger Wood, a former electrician that worked for United Engineers and Constructors at the Johnson Atoll Chemical Agent Disposal System location and witnessed management and co-workers not using the proper safety precautions when destroying chemical weapons. Before Wood worked for JACADS, he was employed at Pine Bluff Arsenal in Arkansas and gained extensive knowledge in the handling and destroying of chemical weapons.…
STATEMENT OF THE PROBLEM After a thorough reading and understanding of the case of Biovail Corporation: Revenue Recognition an FOB Sales Accounting, first issue or problem that arise is regarding the policy of the accounting for revenue recognition. Since the stock of Biovail was listed on the New York Stock Exchange, they are complied with the U.S GAAP which mentioned that revenue must be earned and realized or realizable for it to be recognized. Under SAB 101, there are four criteria which can satisfy the conditions of recognition.…
MLK Auto Company looks to move their operations into an unknown territory for them in the competitive markets in China to have lower production costs. The company, stationed in the United States and produces auto parts, could have a competitive advantage when it comes to the market in China. Although they have thought the move through, there remain aspects that the company needs to think about clearly so they avoid making a wrong decision. To begin, MLK must look at the economic environment in China to make the best decisions. There may be a chance that MLK could have a hard time, but if they look at the economics in the country, they will survive.…
Tralor Corporation manufactures and sells several different lines of small electric components. Its internal audit department completed an audit of its expenditure processes. Part of the audit involved a review of the internal accounting controls for payables, including the controls over the authorization of transactions, accounting for transactions, and the protection of assets. The auditors noted the following items: 1. Routine purchases are initiated by inventory control notifying the purchasing department of the need to buy goods.…
Toshiba’s lasting reputation in innovation and constant growth was stunted when over $1.2 billion dollars was deemed fraud. Profits over seven years were overstated and undetected by independent auditors of Ernst & Young. When the fraud was eventually discovered, minimal was done to the culprits including resignation and probation. Since the discovery of the fraud, Toshiba has started to see the consequences of the fraud be alleviated and trust be regained. This paper serves as an insight into the aspects behind the fraud and how auditors could potentially discovered the fraud.…