Plaintiff, for all times mentioned herein, was and is a resident of the County of Jackson, State of Missouri.…
Kimberly Ellerth worked in Burlington’s Chicago office from March 1993 through May 1994, first as a merchandising assistant and later as a sales representative. Theodore Slowik was a New York based Vice-President of sales and marketing, supervising Ellerth’s immediate supervisors. Slowik made primarily the decision as to Ellerth’s hire and subsequent promotion. Ellerth spoke with Slowik when he traveled to her Chicago office and when she traveled to business related conferences in New York and elsewhere. Ellerth was required to get Slowik’s approval of special sales to her customers. Soon after Ellerth began working for Burlington, Slowik began to subject Ellerth to harassing acts and comments, coupled with threats that her refusal to submit would result in retaliation. For example, in the summer of 1993, Slowik made a series of comments about Ellerth’s legs and breasts. Ellerth never gave Slowik’s any indication that she was interested in him. Nonetheless, he continued to subject her to unwanted touching of her body. Ellerth resigned soon after Slowik refused to authorize a special project for one of Ellerth’s customers. Three weeks after resigning, Ellerth informed Slowik’s supervisors at Burlington that she had resigned due to Slowik’s harassment. She testified that she did not complain about Slowik’s harassment while still employed by Burlington because she feared for losing her job.…
History: Federal Trade Commission instituted a deceptive advertising proceeding against Kraft Inc. Kraft was instructed to terminate certain ads due to false advertising.…
A contract is a special kind of voluntary agreement, either written or oral, that involves legally binding obligations between two or more parties (Pozgar & Santucci, 2015, p. 126, para. 1). A contract protects each party with the legal means of enforcing a right or redressing a wrong if another party does not perform his or her obligations following to the terms of the contract.…
A monopoly occurs when a company has such a large portion of the product market that it can set its own price despite the market equilibrium. Monopolies date back to Standard Oil Co. Inc. in 1870. Standard Oil Co. Inc. controlled also the entire oil market in its time and made huge profits by doing so. The Sherman Antitrust Act was put in place to combat monopolies and their power in the marketplace.…
Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material?…
In law, standing is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. When it comes to the right of standing in cases related to patented technology, it becomes more complicated than just being able to prove that the infringement harms the party, he should also have all the rights of the patented technology to be eligible to sue.…
In 1991 about 10,000 Exxon dealers sued Exxon Corporation in federal court, alleging that the corporation had engaged in an extensive scheme to overcharge them for fuel. A jury found in favor of the plaintiffs, but the District Court judge certified the case for review on the question of supplemental jurisdiction. Some of the multiple plaintiffs in the case had claims that did not meet the minimum amount necessary to qualify for federal diversity jurisdiction (currently $75,000). In 1990 Congress had enacted 28 U.S.C. Section 1367, overturning Finley v. United States, which had narrowly interpreted federal courts' power to confer supplementary jurisdiction on related claims. The question for the District Court was whether Section 1367 also overturned Zahn v. International Paper Co., which ruled that each plaintiff had to separately meet the minimum amount-in-controversy requirement. The District Court accepted the plaintiffs' argument that Section 1367 gave federal courts power to exercise supplemental jurisdiction over plaintiffs with related claims, even if some plaintiffs' claims did not meet the required amount. On appeal, the Eleventh Circuit Court of Appeals upheld the District Court's ruling on supplemental jurisdiction. However, this ruling conflicted with the ruling of another Circuit, which had taken the opposite view of Section 1367's scope (see Ortega v. Star-Kist Foods, No. 04-79). The Supreme Court granted certiorari and consolidated the cases for argument.…
____ U.S. courts have no jurisdiction over foreign businesses with operations in the United States.…
DiLorenzo believed the Sherman Antitrust act was “ Protectionist at its roots” (pg141). The government was using this so that incompetent businesses would be protected. According to Dilorenzo there was no proof that monopolies were hurting the country. In fact , there was a deflation during the late 19th century , prices were decreasing which would benefit consumers . The Sherman Act support came from less competitive firms that wanted to break up their more successful rivals. An example Dilorenzo gave was cotton farms. They were upset that jute was being used to cover cotton bales instead of cotton. They petition government to restrain jute farmers. Small firms had more power than the big ones, because if big firms had as much power as Yellow…
Does the discretion exercised by Wal-Marts, local supervisors over pay and promotion matters violate title VII by discriminating against women?…
Progressives had beliefs such as industrialization and urbanization had created troubling social and political problems. Progressives wanted to bring about reforms that would correct what they saw as problems and injustices. The Antitrust Laws were designed to prevent and punish anti-competitive practices. Progressives complained that the Sherman Antitrust Act of 1890 was inadequate and ineffective in limiting the abuses of big businesses. The Progressives made states pass the antitrust laws to make cartels and monopolistic practices illegal and to regulate railroad rates.…
There are 4 major acts created that are known as the Antitrust Laws. In the 1870’s and 1880’s, the Sherman Act of 1890 was created. This act made monopolies and conspiracies that tried controlling trade a criminal offense. This act exists with 2 provisions, the 1st is that every contract, blending in the form of a trust or otherwise, or attempt to conspiracy, in limit of trade or market among several States, or with distant nations is acknowledged to be unlawful.”…
In article “You Asked for it, You got it…Toy Yoda: Practical Jokes, Prizes and Contract Law” by Keith A. Rowley, the professor of the University of Nevada, is discussing a case of Berry v Gulf Coast Wings Inc.…
Sixty years after the verdict on Donaghue’ case, Australia passed a statutory code that deals with defective goods. The only completed action brought under Part VA was the…