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.)…
Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…
Henry has to ensure his due diligence as the president and chief operating officer of CALLUS Inc. and have proper supervision during his absence to ensure that his business is operating properly. He must be aware of any future events that are going to have a great impact on the business, since he can be held strictly liable for his business . Although Henry has a very small team he still needs to be prepared for any future legal liability. Initially, he needs to make sure that the employee's in charge of the new project, Armando and Lucy have the necessary knowledge, training, and proper supervision.…
Relevant Facts Mr. Smith bought a gas station which had no known groundwater or soil contamination issues at the time of purchase. Sometime after operated the gas station an issue of groundwater and soil contamination was determined to potentially exist. In response to the potential groundwater and soil contamination issues Mr. Smith elected to form a new corporation (XYZ) and performed a 351 transfer of the gas station and accompanying liabilities to the new corporation. It is assumed that the basis of the gas station exceeds the liabilities transferred. Tax Issue…
In a Chronological list of cases, Newbold stated that because of this case in “1911 The first conviction is achieved on the basis of fingerprints. The case involves Thomas Jennings, found guilty of murder in Cook County, Illinois” (1999). The case of People v. Jennings happened in 1911 after Clarence B. Hiller was murdered in his own home one night. Hiller and his family were all asleep in their home when it happened. It wasn’t until Hiller woke up and found that their gas light was no longer on that he thought something was wrong (Acree, 1999).…
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.…
B. Assessing the impact of the California, New York, and Massachusetts statutes on Kansas state pay equity case law With respect to the four divisions differentiating state pay equity statutes nationally, Kansas’s current pay equity statute applies to all employers, public and private, and falls into the “equal work” or “equal worth” category with twenty-one other states. Kansas’s law does not include language that would potentially broaden the scope of comparison employees bringing claims under the statute could use for support. For example, the state does not allow for comparison of “similar working conditions” — the statute only allows for equality of the employee work and environments being evaluated.…
Problem Statement The large portion of the problem is that BCBSNC customer service representatives are not properly trained to handle frustrated or irate customers. This lack of training is manifested in the company’s overall 66.1% customer satisfaction rating. To further complicate the problem, BCBSNC is just one of multiple Blue Cross Blue Shield (BCBS) organizations to tout a negative public perception of customer service. BCBSNC Background Information BCBSNC was founded in 1933.…
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.…
he problem Bear Stearns under the auspices of two hedge funds through its subsidiary, Bear Stearns Asset Management. The main fund, the structural fund high-quality credit strategies, and consists of a complex Derivatives backed by mortgages. During most of his life was very profitable but also The housing market began to stutter in late 2006 suffered returns.…
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.…
A lawsuit has been filed on behalf of all people who purchased or acquired Pacific Coast Oil Trust (PCOT) securities that became effective on May 2, 2012 and September 19, 2013. It is alleged that PCOT violated federal securities laws in its disclosures. The disclosures issued are believed to misrepresent its business, operations, and prospects. More specifically, it is claimed that the statements are misleading regarding PCOT’s capital expenditures and hedge contracts (Faruqi & Faruqi, LLP). PCOT announced its Secondary offering on September 18, 2013.…
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.…
Overall, the past nine periods for Bauer, Inc. have been a success. Bauer, Inc.’s return on sales went from -6% in period 0 to 52% in period 9. The reason for the huge turn around in nine periods is because of our marketing plan. Bauer, Inc.’s marketing plan for product, it is to create the highest quality we can because consumers in all markets look for a high quality shoe. Our strategy for place is to continue selling in home and domestic markets and then enter into the foreign market.…
Staff Analysis Statement of the Problem In July 2011, Pacific Grove Spice Company (Pacific Grove) is experiencing a major problem regarding the large amount of debt it has accumulated in the following years. Debra Peterson, CEO of Pacific Grove, is envisioning on solutions to "reduce interest-bearing debt to less than 55% of total assets and the equity multiplier to be less than 2.7 times by June 30, 2012" (Pacific Grove Spice Company Case, p. 3). Currently, Pacific Grove has a total debt of $37.172 million, equal to 62% of total assets and 216% of owners' equity.…