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13 F.Supp.2d 705 United States District Court, N.D. Illinois, Eastern Division. v. C.B. MANAGEMENT CO., INC., an Ohio corporation doing business in Ohio, Defendant. No. 97 C 6176. April 1, 1998. MORAN, Senior District Judge. the implied covenant of good […]

owing under the agreements. This is not, therefore, a situation where the covenant of good faith must be implied to “fill the gap” in a contract where the terms offer insufficiently clear guides to interpretation. Baxter Healthcare Corp. v. O.R. […]

Colo.App.,2010. Colorado Coffee Bean, LLC v. Peaberry Coffee Inc. — P.3d —-, 2010 WL 547633 (Colo.App.) Colorado Court of Appeals, Div. IV. COLORADO COFFEE BEAN, LLC, a Colorado limited liability company; Double R Coffee, LLC, a Colorado limited liability company; […]

Campbell Latiolais & Ruebel PC, Casey A. Quillen, Denver, Colorado, for Amicus Curiae Colorado Civil Justice League. Faegre & Benson LLP, Heather Carson Perkins, Jeffrey A. Brimer, Denver, Colorado, for Amicus Curiae Interna- tional Franchise Association. Hall & Evans, L.L.C., […]

facts. • But in section G, the court adopted the language drafted by the Peaberry defendants: I cannot conclude on the evidence before me that Mr. Tointon, Mr. Orr, PCI, or PCFI acted with the requisite intent or recklessness to […]

kins Coie. C. Bifurcation [31] Plaintiffs next contend the trial court erred in bifurcating the trial of plaintiffs’ claims against the Peaberry de- fendants from those against Perkins Coie. We disagree. Initially, plaintiffs have not explained how, exactly, they were […]

Tex.App.–Tyler,2011. Kejzar Motors, Inc. v. Kubota Tractor Corp. 334 S.W.3d 351 Court of Appeals of Texas, Tyler. KEJZAR MOTORS, INC. d/b/a Eastex Tractor & Powersports and Jasper Farm & Ranch Supply, Appellant, v. KUBOTA TRACTOR CORPORATION and Michael Hammer, Appellees. […]

N.D.Ill.,2012. Oshana v. Buchanan Energy Slip Copy, 2012 WL 426921 (N.D.Ill.) Only the Westlaw citation is currently available. United States District Court, N.D. Illinois, Eastern Division. George OSHANA and GTO Investments, Inc., Plaintiffs, v. BUCHANAN ENERGY and Exxonmobil Oil Corporation, […]

Cal.App. 1 Dist., 2013 People v. JTH Tax, Inc. 212 Cal.App.4th 1219, 151 Cal.Rptr.3d 728, 13 Cal. Daily Op. Serv. 740, 2013 Daily Journal D.A.R. 896 Court of Appeal, First District, Division 2, California. The PEOPLE, Plaintiff and Respondent, v. […]

chised and company-owned stores throughout the United States, including 195 franchised stores in California (along with two company-owned stores in 2005 and 2006), all of which do business as “Liberty Tax Service.” Liberty of- fered tax preparation services, e-filing, “refund […]

collection database that could be deducted from any tax refund deposited into the bank’s special account. The trial court found that Liberty, by not giving meaningful notice to its customers before gaining control of their refunds, engaged in a scheme […]

“The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to […]

Vilardo v. Sheets Ohio App. 12 Dist.,2006 Not Reported in N.E.2d, 2006 WL 1843585 (Ohio App. 12 Dist.), 2005 -Ohio- 3473 David J. SHEETS, et al., Defendants-Appellants. CHECK OHIO SUPREME COURT RULES FOR REPORTING OF OPINIONS AND WEIGHT OF LEGAL […]

C.A.5 (Tex.),2009. McBeth v. Carpenter 565 F.3d 171 United States Court of Appeals, Fifth Circuit. Sandra McBETH, Plaintiff-Appellee-Cross-Appellant-Appellee, James Reynolds, Intervenor Plaintiff-Appellee-Cross-Appellant-Appellee, v. James R. CARPENTER, Defendant-Appellant-Cross-Appellee, Central Texas Water Solutions L.P.; Central Texas Water Management L.L.C., Defendants-Cross-Appellees- Appellants. No. […]

184I Deception Constituting Fraud, and Liability Therefor 184k15 Fraudulent Concealment 184k17 k. Duty to Disclose Facts. Most Cited Cases Partnership 289 70 289 Partnership 289III Mutual Rights, Duties, and Liabilities of Partners 289III(A) Firm Property and Business 289k70 k. Nature […]

Del.Supr.,2010. Thompson v. Lynch 990 A.2d 432 Supreme Court of Delaware. Billie Lynn THOMPSON, an individual and Billie Lynn Thompson as Substitute Trustee of the Estate of William F. Dickerson, Respondents Below, Appellants, v. John R. LYNCH and Dewey C. […]

Mich.App.,2011. Horvath v. HRT Enterprises Not Reported in N.W.2d, 2011 WL 165409 (Mich.App.) HRT ENTERPRISES, Hein Rüsen and Carl Thomas, Defendants-Appellants. Docket No. 292304. Jan. 18, 2011. Wayne County Circuit Court; LC No. 06-625310-CZ. entry of judgment consistent with this […]

Tex.App.–El Paso,2012. Garcia v. Lucero 366 S.W.3d 275 Court of Appeals of Texas, El Paso. Patricia GARCIA, Appellant, v. Bernardo LUCERO, Appellee. No. 08–10–00329–CV. March 28, 2012. Background: Purported partner brought action against her former employer, seeking declaration that purported […]

Court of Appeals of Indiana. CURVES FOR WOMEN ANGOLA an Indiana Partnership, Dan Cole, and Lori Cole, Appellants–Defendants, v. FLYING CAT, LLC, Appellee–Plaintiff. No. 76A04–1206–PL–312. Feb. 26, 2013. Background: Landlord brought action for breach of contract for unpaid rent and […]

partners as to third persons. FN1. Indiana Code section 23–4–1–16 governs partnership by estoppel. have a joint or common right or interest in any property from which the returns are derived. (4) The receipt by a person of a share […]

Tenn.Ct.App.,2010. Moran v. Willensky Slip Copy, 2010 WL 366691 (Tenn.Ct.App.) Dec. 1, 2009 Session. Feb. 2, 2010. West KeySummary Partnership 289 104 partner’s acquisition and rehabilitation costs of house in order to flip the house for profit. However, although partner […]

consequently, the fact that he abandoned that responsibil- ity supports a finding that he dissociated from the partner- ship. Perhaps more importantly, there is ample evidence that Mr. Willensky mismanaged the funds entrusted to him. The evidence indicates that Mr. […]

867 So.2d 179 Ted NORRIS, et al. v. Stafford P. FONTENOT, et al. Holding: The Court of Appeal , Amy, J., held that partnership existed which was liable for debt. No. 03-1455. March 3, 2004. Background: Payee sued individual maker […]

Fla.App. 3 Dist.,2009. Hallock v. Holiday Isle Resort & Marina, Inc. 4 So.3d 17, 34 Fla. L. Weekly D232 District Court of Appeal of Florida, Third District. Thomas HALLOCK, Appellant, v. HOLIDAY ISLE RESORT & MARINA, INC., et al., Appellees. […]

N.Y.Sup.,2010. Coco Investments, LLC v. Zamir Manager River Terrace, LLC Slip Copy, 26 Misc.3d 1231(A), 2010 WL 761237 (N.Y.Sup.), 2010 N.Y. Slip Op. 50332(U) Supreme Court, New York County, New York. COCO INVESTMENTS, LLC, Leonid Redensky and Gabfree, LLC, Plaintiffs, […]

N.Y.A.D. 2 Dept.,2010. In re 1545 Ocean Ave., LLC 72 A.D.3d 121, 893 N.Y.S.2d 590, 2010 N.Y. Slip Op. 00688 Supreme Court, Appellate Division, Second Department, New York. In the Matter of 1545 OCEAN AVENUE, LLC, a Limited Liability Company. […]

Miss.,2011. Bluewater Logistics, LLC v. Williford 55 So.3d 148 Supreme Court of Mississippi. BLUEWATER LOGISTICS, LLC, Bluewater Bay LLC, Patricia L. Mosser, Marquetta Smith and Michael J. Floyd. v. James Stewart WILLIFORD, Jr. No. 2008–CT–00250–SCT. Jan. 27, 2011. Background: Ousted […]

FN2. Corporate Mgmt., Inc. v. Greene County, 23 So.3d 454, 459 (Miss.2009). FN3. Limbert v. Miss. Univ. for Women Alumnae Ass’n, Inc., 998 So.2d 993, 998 (Miss.2008) (citing Ham– ilton v. Hopkins, 834 So.2d 695, 699 (Miss.2003)). provides that we […]

fair-market value of Bluewater. ¶ 57. Only after Williford filed suit did Defendants attempt to reverse their super-majority decision. They took the position that they had not really exercised their super–majority rights, but had only made an “offer” which they […]

C.A.9 (Cal.),2012. Fadal Machining Centers, LLC v. Mid-Atlantic CNC, Inc. 464 Fed.Appx. 672, 2012 WL 8669 (C.A.9 (Cal.)) This case was not selected for publication in the Federal Reporter. Not for Publication in West‘s Federal Reporter See Fed. Rule of […]

Decided March 31, 2006. , J. *1 {¶ 1} Defendants-appellants, Blushing Brides, LLC, and Louis R. Zacks, appeal from the Franklin County Municipal Court’s judgment whereby the trial court ordered appellants to pay plaintiff-appellee, The Gray Printing Company, damages in […]

La.App. 4 Cir.,2010. ORX Resources, Inc. v. MBW Exploration, L.L.C. 32 So.3d 931, 2009-0662 (La.App. 4 Cir. 2/10/10) Court of Appeal of Louisiana, Fourth Circuit. ORX RESOURCES, INC. v. MBW EXPLORATION, L.L.C. and Mark B. Washauer. ORX Resources, Inc. v. […]

615 S.E.2d 1 Page 1 272 Ga.App. 817, 615 S.E.2d 1, 2005 WL 357420 (Ga.App.), 5 FCDR 501, 5 FCDR 1304 (Cite as: 615 S.E.2d 1, 2005 WL 357420 (Ga.App.)) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. […]

615 S.E.2d 1 Page 7 272 Ga.App. 817, 615 S.E.2d 1, 2005 WL 357420 (Ga.App.), 5 FCDR 501, 5 FCDR 1304 (Cite as: 615 S.E.2d 1, 2005 WL 357420 (Ga.App.)) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. […]

Court of Appeal, Second District, Division 8. 7. Noke Thomas PERSSON, Plaintiff and Respondent, v. SMART INVENTIONS, INC. et al., Defendants and Appellants. Nos. B164418, B167179, B172749. Jan. 19, 2005. BOLAND, J. s’s motio n for joinde r in Smart […]

cannot be twisted from their setting and measured in the same manner that they would be if there were no corporation.” a mere *1159 *1158 A California court reached a similar conclusion more than 80 years ago. In Cavasso v. […]

during **357 the June 1999 negotiations between him and Persson, he was clearly acting for Smart Inventions by the time the agreement was cases permitti executed, as his signature on behalf of Smart Inventions demonstrates. Accordingly, his continued concealment of […]

Rubenstein v. Mayor 41 A.D.3d 826, 839 N.Y.S.2d 170 N.Y.A.D. 2 Dept.,2007 v. Chistopher MAYOR, et al., defendants, Thomas Castellano, et al., appellants. June 26, 2007. A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, JOSEPH COVELLO, and EDWARD D. CARNI, JJ. […]

Ky.App.,2010. Bear, Inc. v. Smith 303 S.W.3d 137 Court of Appeals of Kentucky. BEAR, INC., d/b/a Laker Express, Appellant, v. Tony H. SMITH; Smith Services, Inc.; and Smith Heating and Air Conditioning, LLC, Appellees. No. 2008-CA-001556-MR. Jan. 22, 2010. Background: […]

[3][4] In Kentucky, a party claiming harm resulting from fraud in the inducement must establish six elements of fraud by clear and convincing evidence as follows: a) material representation b) which is false c) known to be false or made […]

N.Y.A.D. 2 Dept.,2011. Burnett v. Pourgol 83 A.D.3d 756, 921 N.Y.S.2d 280, 2011 N.Y. Slip Op. 03013 Supreme Court, Appellate Division, Second Department, New York. Mark A. BURNETT, respondent, v. Kamran POURGOL, appellant. April 12, 2011. Background: Shareholder in closely […]

C.A.7 (Ill.),2012. Wachovia Securities, LLC v. Banco Panamericano, Inc. 674 F.3d 743 United States Court of Appeals, Decided March 21, 2012. Background: Brokerage firm that obtained multimillion dollar judgment against corporation for failing to pay mar- gin debt sued to […]

[33] Federal Civil Procedure 170A 2742.5 170A Federal Civil Procedure 170AXIX Fees and Costs 170Ak2742 Taxation 170Ak2742.5 k. Attorney fees. Most Cited Cases Once the party seeking attorney’s fees provides evidence of the proposed fees’ reasonableness, the burden shifts to […]

Weimar v. Lyons v. Mike LYONS, individually and doing business as Lyons Concrete, Lyons Concrete, Inc., a dissolved corporation, Does 1 through 10, Defendants and Respondents. Mike Lyons, individually and d/b/a Lyons Concrete, Inc., Counterclaimant and Respondent, v. William C. […]

support the District Court’s determination that his billing was the correct amount due for the additional services provided. ¶ 31 (3) Did the District Court err by awarding Weimar only $8,967.19 for the $30,169. Lyons responds that Weimar’s belief about […]

Del.Supr.,2009. Gantler v. Stephens 965 A.2d 695 Supreme Court of Delaware. Submitted: Nov. 5, 2008. Decided: Jan. 27, 2009. Background: Shareholders of bank holding company brought action against corporate directors and officers alleg- ing breach of fiduciary duty. The Court […]

privatization of First Niles (“Privatization Proposal”). That Proposal recommended reclassifying the shares of hold- ers of 300 or fewer shares of First Niles common stock into a new issue of Series A Preferred Stock on a one–to-one basis (the “Reclassification”). […]

directors-has been characterized as a matter of first impression for this Court.FN35 In the past, we have implied that officers of Delaware corporations, like directors,*709 owe fiduciary duties of care and loyalty, and that the fiduciary duties of officers are […]

Ariz.App. Div. 1,2010. Arizona Tile, L.L.C. v. Berger 223 Ariz. 491, 224 P.3d 988, 575 Ariz. Adv. Rep. 16 Court of Appeals of Arizona, Division 1, Department B. ARIZONA TILE, L.L.C., an Arizona limited liability company, Plaintiff-Appellee, v. Howard Steven […]

last few months of Designer Surfaces’ operation, he, McCarthy, and an employee decided what to do with the corpo- ration’s money, and that they paid suppliers “to facilitate finishing the jobs, but if it wasn’t those immediate creditor– or vendor […]

Tex.App.-San Antonio,2011. Biolustre’ Inc. v. Hair Ventures LLC Not Reported in S.W.3d, 2011 WL 540574 (Tex.App.-San Antonio) Court of Appeals of Texas, San Antonio. BIOLUSTRE’ INC., Appellant v. HAIR VENTURES LLC, Appellee. No. 04-10-00360-CV. Feb. 16, 2011. From the 288th […]

Del.Ch.,2012. Dweck v. Nasser Not Reported in A.3d, 2012 WL 3194069 (Del.Ch.) Albert NASSER and Kids International Corporation, Defendants and Counterclaim–Plaintiffs. Albert Nasser and Kids International Corporation, Third–Party Plaintiffs, v. Kevin Taxin and Bruce Fine, Third–Party Defendants. Consol. C.A. No. […]

, Bankruptcy Judge. This matter came before this Court on Wednesday, September 6, 2006 and Monday, September 18, 2006, as a hearing on the Warren L. Reuther, Jr.’s Motion to Appoint Chapter 11 Trustee or Examiner (P-114) and the City […]

11 authorized, to undertake a review and verification of the debtor’s pre-petition financial records. JES testified alternatively, that they did not have sufficient corporations. As an initial matter, the Court notes that this assistance is in the form of rent […]

19 1995, no board action was ever taken to remove Reuther from this position. In fact, there is no indication that his removal was ever under consideration. Instead, the minutes of the meetings of the boards, as well as the […]

356 F.Supp.2d 1333 defendant Briefs and Other Related Documents G Force as United States District Court,N.D. Georgia,Gainesville Division. GENERAL STAR INDEMNITY CO., a Connecticut corporation, Plaintiff, a LLC in the state of v. Georgia ELAN MOTORSPORTS TECHNOLOGIES, INC., a Delaware […]

Kenneth M. STUMPFF, Plaintiff-Appellant Richard L. HARRIS, Defendant-Appellee. alleging breach of fiduciary duty by Harris as well as numerous instances of self– judicial dissolution of the corporation and liquidation of its assets. December 8, 2004. On December 6, 2005, the […]

D.D.C.,2010. Board of Trustees of Unite Here Local 25 v. MR Watergate LLC 677 F.Supp.2d 229, 187 L.R.R.M. (BNA) 3108, 48 Employee Benefits Cas. 2368 United States District Court, District of Columbia. BOARD OF TRUSTEES OF UNITE HERE LOCAL 25 […]

C.A.2 (Conn.),2011. Call Center Technologies, Inc. v. Grand Adventures Tour & Travel Pub. Corp. 635 F.3d 48 United States Court of Appeals, Second Circuit. CALL CENTER TECHNOLOGIES, INC., Plaintiff–Appellant, v. GRAND ADVENTURES TOUR & TRAVEL PUBLISHING CORPORATION, Interline Travel & […]

In re Topps Co. Shareholders Litigation Del.Ch.,2007 Court of Chancery of Delaware. In re The TOPPS COMPANY SHAREHOLDERS LITIGATION The Tornante Company LLC, Tornante-MDP Joe Holding LLC, and The Upper Deck Company and Northwood Investors LLC, Plaintiffs, v. The Topps […]

be helpful once he heard about the second proxy fight. But the Proxy a management-friendly bidder who used Shorin’s perceived vulnerability as an opening to make a bid. Contrary to the Stockholder Plaintiffs, I think reasonable stockholders can come up […]

that effect, and Greenberg’s response seemed to agree that was a possibility. In finding that the Proxy Statement does not fairly address this issue, I do not and need not make any finding that there was a purposeful intent on […]

Upper Deck had made its desire to make a bid known in 2005, before Although these arguments are not without color, they are not vibrant enough to convince me that they would sustain a finding of breach of compromised a […]

too easy an out in the event that regulators raised even a minor objection than responding to Upper Deck’s proposal by raising these legitimate concerns, the Topps board chose to tie its hands by failing to declare negotiable, and it […]

C.A.9 (Or.),2009. Zucco Partners, LLC v. Digimarc Corp. 552 F.3d 981, Fed. Sec. L. Rep. P 95,038, 09 Cal. Daily Op. Serv. 368, 2009 Daily Journal D.A.R. 542 Argued and Submitted Aug. 26, 2008. Filed Jan. 12, 2009. As Amended […]

170A Federal Civil Procedure 170AVII Pleadings and Motions 170AVII(E) Amendments 170Ak828 Discretion of Court 170Ak829 k. Successive Applications. Most Cited Cases Where plaintiff has previously been granted leave to amend and has subsequently failed to add requisite particularity to its […]

witness test fail to demonstrate the deliberate recklessness required to survive the second prong. Instead, these re- maining allegations demonstrate only that there was some disagreement within the corporation over its accounting processes, and not that Digimarc’s management was deliberately […]

C.A.11 (Fla.),2010. Edward J. Goodman Life Income Trust v. Jabil Circuit, Inc. 594 F.3d 783, Fed. Sec. L. Rep. P 95,576, 22 Fla. L. Weekly Fed. C 463 United States Court of Appeals, Eleventh Circuit. EDWARD J. GOODMAN LIFE INCOME […]

The company explained that the restatement resulted from misdating stock options, not backdating them. Specifical- ly, Jabil cited three primary causes of the accounting errors: (1) changes to groups of people receiving grants, though Shortly after the allegations of backdating […]

U.S.,2011. Matrixx Initiatives, Inc. v. Siracusano 131 S.Ct. 1309, 179 L.Ed.2d 398, 79 USLW 4187, Fed. Sec. L. Rep. P 96,249, 11 Cal. Daily Op. Serv. 3426, 2011 Daily Journal D.A.R. 4123, 22 Fla. L. Weekly Fed. S 880 Supreme […]

infections, head trauma, anatomical obstructions, and environmental irritants.” Id., at 77a–78a (internal quotation marks omitted). The day after Matrixx issued this press release, its stock price bounced back to $13.40 per share. On February 6, 2004, the end of the […]

S.D.N.Y.,2012. Dodona I, LLC v. Goldman, Sachs & Co. 847 F.Supp.2d 624 United States District Court, S.D. New York. DODONA I, LLC, Plaintiff, v. GOLDMAN, SACHS & CO., et al., Defendants. No. 10 Civ. 7497 (VM). March 21, 2012. Background: […]

[32] Securities Regulation 349B 60.51(1) 349B Securities Regulation 349BI Federal Regulation 349BI(C) Trading and Markets 349BI(C)7 Fraud and Manipulation 349Bk60.50 Pleading 349Bk60.51 In General 349Bk60.51(1) k. In general. Most Cited Cases When pleading loss causation, as required to state claim […]

the existence of a fraud; (2) defendant’s knowledge of the fraud; and (3) that the defendant provided substantial as– sistance to advance the fraud’s commission. See Wight v. BankAmerica Corp., 219 F.3d 79, 91 (2d Cir.2000). “The knowledge requirement of […]

and documents cited in the Complaint—discussed above in the context of scienter—indicate that the Defendants were aware of a buildup of negative events in the subprime mortgage market, and knew the outlook for subprime– mortgage related assets was gloomy. Indeed, […]

464 F.Supp.2d 772 UNITED STATES SECURITIES and EXCHANGE COMMISSION, Plaintiff, v. against the Defendants, who were all alleged in some manner to be involved in an investment scam. After obtaining defaults against some of the corporate defendants, the SEC has […]

2000. Lyttle used these monies to pay his company’s bills. In January of 2000, Lyttle directed Eldridge to transfer $2 million into the trust account of his attorney. From the trust account, Lyttle directed that funds be withdrawn to permit […]

Supreme Court of Arizona, In Banc. William SANTIAGO, a single man, Plaintiff/Appellant, v. PHOENIX NEWSPAPERS, INC., an Arizona corporation, Defendant/Appellee. No. CV-89–0042-PR. July 3, 1990. Injured motorcyclist filed negligence action against newspaper delivery agent and newspaper after car driven by […]

ing tips on how to distribute the paper and stimulate sales, reimbursed him for some transportation expenses, and retained the right to terminate him at any time. The court concluded that these indices of control demonstrated that the carrier “was […]

Division, Respondent. Jan. 8, 2002. Rehearing Denied Jan. 22, 2002. STEPHEN N. LIMBAUGH, JR., Chief Justice. Relator, Ford Motor Company (Ford), is the defendant in several products liability suits pending before respondent in the Circuit Court of Greene County. [FN1] […]

691 S.E.2d 575 Page 1 302 Ga.App. 521, 691 S.E.2d 575, 10 FCDR 585 (Cite as: 302 Ga.App. 521, 691 S.E.2d 575) © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Ga.App.,2010. Barrs v. Acree 302 Ga.App. 521, […]

Idaho,2011. Moore v. Moore — P.3d —-, 2011 WL 310376 (Idaho) NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Supreme Court of Idaho, Boise, January […]

and control on the day he was injured. First and foremost, Claimant argues that the Commission erroneously considered the course of dealing between Claimant and Moore Enterprises. Claimant cites to this Court’s decision in Shriner v. Rausch, 141 Idaho 228, […]

Appellate Court of Illinois, Second District. William MILLER and Maxine Miller, Individually and Derivatively on Behalf of Claimsco International, Inc., as Shareholders and Rightful Directors, Plaintiffs–Appellants, v. Michael HARRIS and Kenneth Hoxie, Defendants (John Verchota and Miller Verchota, Inc., Defendants– […]

that his transfer of 500 shares to his wife was “illegal” and “would get him in further trouble.” Accordingly, “at the insistence” of the lawyer and the “considerable badgering” from the lawyer and Harris, Miller signed the two agreements and […]

134 P.3d 570 March 23, 2006. , J. In this tort action, defendant, Emergency One, Inc. (E-One), appeals the trial court’s judgment entered after the jury returned a verdict in favor of plaintiff, Western Fire Truck, Inc. Western cross-appeals the […]

Ga.App.,2009. Pappas v. Criss 296 Ga.App. 803, 676 S.E.2d 21, 09 FCDR 1129 Court of Appeals of Georgia. PAPPAS et al. v. CRISS et al. No. A08A2114. March 20, 2009. Background: Homeowners filed suit against owner of landscaping business, asserting […]

Miss.App.,2010. Summerall Elec. Co., Inc. v. Church of God at Southaven 25 So.3d 1090 Court of Appeals of Mississippi. Background: Subcontractors brought action against property owner, alleging property owner was liable for costs owed to subcontractors by the general contractor. […]

Copr. (c) 2011, Secretary of State, State of New York N.Y.Co.Ct. 2011. Felix Storch Inc v Martinucci Desserts USA Inc Felix Storch Inc. v. Martinucci Desserts USA Inc. Slip Copy N.Y.Co.Ct. 2011. Slip Copy30 Misc.3d 1217(A), 2011 WL 309651, 2011 […]

Ohio App. 11 Dist.,2012. Huskin v. Hall Slip Copy, 2012 WL 553136 (Ohio App. 11 Dist.), 2012 -Ohio- 653 Todd A. HALL, d.b.a. Hall Hauling, d.b.a. House Medic Handyman Service, et al., Defendant–Appellee. No. 2011–T–0048. Decided Feb. 21, 2012. Background: […]

Only the Westlaw citation is currently available.This case was not selected for publication in the Federal Reporter. Not for Publication in West‘s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing cita- tion of judicial decisions issued on […]

Jones v. Brandt 645 S.E.2d 312 Supreme Court of Virginia. Sharon D. JONES, et al. v. Renee S. BRANDT, Executrix of the Estate of Warren Dean Davis, Sr., Deceased. Record No. 061086. June 8, 2007. OPINION BY Justice LAWRENCE L. […]

Minn.App.,2010. Ellis v. BlueSky Charter School Not Reported in N.W.2d, 2010 WL 1541352 (Minn.App.) Only the Westlaw citation is currently available. NOTICE: THIS OPINION IS DESIGNATED AS UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINN. ST. SEC. […]

C.A.9 (Or.),2010. Cumbie v. Woody Woo, Inc. 596 F.3d 577, 159 Lab.Cas. P 35,711, 15 Wage & Hour Cas.2d (BNA) 1590, 10 Cal. Daily Op. Serv. 2193, 2010 Daily Journal D.A.R. 2707 United States Court of Appeals, Ninth Circuit. Misty […]

C.A.10,2010. Laborers’ Intern. Union of North America, Local 578 v. N.L.R.B. 594 F.3d 732, 187 L.R.R.M. (BNA) 3153, 159 Lab.Cas. P 10,177 United States Court of Appeals, Tenth Circuit. LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 578, Petitioner/Cross-Respondent, v. NATIONAL […]

tion, see New Process Steel, L.P., 564 F.3d 840 (7th Cir.2009), cert. granted, — U.S. —-, 130 S.Ct. 488, — L.Ed.2d –— (Nov. 2, 2009) (No. 08-1457). At least for now, we are of course bound by our governing cir– […]

250 P.3d 389 Page 1 241 Or.App. 311, 250 P.3d 389 (Cite as: 241 Or.App. 311, 250 P.3d 389) © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Or.App.,2011. Dynea USA, Inc. v. Fairbanks 241 Or.App. 311, 250 […]

Conn.App.,2012. Li Li v. Canberra Industries 134 Conn.App. 448, 39 A.3d 789 Appellate Court of Connecticut. Background: Former employee brought action for statutory and common law wrongful termination and other claims. The Superior Court, Judicial District of New Haven, A. […]

United States Court of Appeals, Second Circuit. SDBC HOLDINGS, INC., f/k/a Stella D‘oro Biscuit Co., Inc., Petitioner–Cross–Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent–Cross–Petitioner. Nos. 10–3709, 10–4230 XAP. Argued: Oct. 21, 2011. Decided: March 28, 2013. Background: Employer petitioned for review […]

The Board majority purported to rely on its decision in United Stockyards. But United Stockyards is a case predating the Board’s landmark decision in Nielsen—and, moreover, a case not even involving the effect of an employer’s bar- gaining representations regarding […]

Beverly TULL, Appellee, v. No. 95,705. ATCHISON LEATHER PRODUCTS, INC., Appellant, andBerger Company, Inc., Appellee, andFireman’s Fund Insurance, Superior National Insurance Company/Risk Enterprise Management, St. Paul Fire & Marine Insurance Company, Cincinnati Insurance Company, Appellees, andCommerce & Industry Insurance Company, […]

Page 1 656 F.Supp. 263, 43 Fair Empl.Prac.Cas. (BNA) 150, 43 Empl. Prac. Dec. P 37,151 (Cite as: 656 F.Supp. 263) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. S.D.Ohio,1987. O’Donnell v. Burlington Coat Factory Warehouse, Inc. […]

C.A.8 (Iowa),2010. Lewis v. Heartland Inns of America, L.L.C. 591 F.3d 1033, 108 Fair Empl.Prac.Cas. (BNA) 449, 93 Empl. Prac. Dec. P 43,797 United States Court of Appeals, Eighth Circuit. Brenna LEWIS, Plaintiff-Appellant, v. HEARTLAND INNS OF AMERICA, L.L.C., doing […]

eral claims are analytically indistinguishable. See Quick v. Donaldson Co., 90 F.3d 1372, 1380 (8th Cir.1996). Among the authorities relied on by Lewis is Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), where the […]

Page 1 630 F.3d 928, 111 Fair Empl.Prac.Cas. (BNA) 306, 93 Empl. Prac. Dec. P 44,072, 11 Cal. Daily Op. Serv. 368, 2011 Daily Journal D.A.R. 462 (Cite as: 630 F.3d 928) © 2011 Thomson Reuters. No Claim to Orig. […]

Page 9 630 F.3d 928, 111 Fair Empl.Prac.Cas. (BNA) 306, 93 Empl. Prac. Dec. P 44,072, 11 Cal. Daily Op. Serv. 368, 2011 Daily Journal D.A.R. 462 (Cite as: 630 F.3d 928) © 2011 Thomson Reuters. No Claim to Orig. […]

E.D.Ky.,2012. Bradford v. Department of Community Based Services, Kentucky Slip Copy, 2012 WL 360032 (E.D.Ky.), 114 Fair Empl.Prac.Cas. (BNA) 668 v. DEPARTMENT OF COMMUNITY BASED SERVICES, Commonwealth of KENTUCKY, Defendant. Civil Action No. 09–206–DLB–CJS. Feb. 2, 2012. Based Services, for […]

Adding to the Supreme Court‘s precedent in Oncale, the Sixth Circuit recently held that the “based on sex” re– quirement may be met by proving that the conduct is explicitly sexual and patently degrading to women. Gallagher v. C.H. Robinson […]

This case was not selected for publication in the Federal Reporter. Not for Publication in West‘s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing cita- SANOFI AVENTIS U.S., LLC; Sanofi Aventis U.S., Inc., Defendants–Appellees. No. 12–3085. Jan. […]

Only the Westlaw citation is currently available.This case was not selected for publication in the Federal Reporter. Not for Publication in West‘s Federal Reporter. See Fed. Rule of Appellate Procedure 32.1 generally governing v. UNITED RENTALS NORTH AMERICA, INCORPORATED, Defendant–Appellee. […]

445 F.3d 105 Page 1 445 F.3d 105, Fed. Sec. L. Rep. P 93,741 (Cite as: 445 F.3d 105) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Robert Wayne CHALFANT, Appellee, v. TITAN DISTRIBUTION, INC.; Titan International, Inc., […]

933 So.2d 34 GENERAL MOTORS ACCEPTANCE CORP., a Delaware corporation authorized to do business in Florida, Appellant, v. HONEST AIR CONDITIONING & HEATING, INC., Cory Babcock and William Stevenson, Appellees. No. 2D05-3583. May 12, 2006. , Judge. In this appeal […]

30 Misc.3d 1229(A) Page 1 30 Misc.3d 1229(A) (Table, Text in WESTLAW), Unreported Disposition (Cite as: 30 Misc.3d 1229(A), 924 N.Y.S.2d 312) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Vinueza v Scotto 30 Misc.3d 1229(A), 924 […]

Page 1 Slip Copy, 2011 WL 303253 (Ohio App. 5 Dist.), 2011 -Ohio- 297 (Cite as: 2011 WL 303253 (Ohio App. 5 Dist.)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. CHECK OHIO SUPREME COURT RULES FOR […]

UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). Appellate Court of Illinois, […]

Fifth Third Bank v. Jones FIFTH THIRD BANK, Plaintiff-Appellant, foreclosure of a deed of trust. We affirm. v. Monay N. JONES, Defendant-Appellee. No. 06CA0296. July 12, 2007. Opinion by Judge ROY. Plaintiff, Fifth Third Bank (the bank), appeals the trial […]

381 Md. 327, 849 A.2d 475, 53 UCC Rep.Serv.2d 557 Court of Appeals of Maryland. check was PELICAN NATIONAL BANK v. PROVIDENT BANK OF MARYLAND. No. 48, Sept. Term, 2002. May 14, 2004. BELL, C.J. negotiab le only if each […]

the word, “and” or an ampersand, or clearly make it payable in the alternative, default i.e. by using, “or”, “and/or”, or a virgule, FN10 then it was payable only jointly. FN10. A virgule is a slash or diagonal line, represented […]

Not Reported in A.2d, 2008 WL 1733278 (N.J.Super.A.D.), 65 UCC Rep.Serv.2d UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Superior Court of New Jersey, Appellate Division. Robert J. TRIFFIN, Plaintiff-Appellant, v. AMERICAN INTERNATIONAL GROUP, INC., a/k/a AIG, individually and t/a New […]

Conn.App.,2010. Chase Home Finance, LLC v. Fequiere 119 Conn.App. 570, 989 A.2d 606 Appellate Court of Connecticut. CHASE HOME FINANCE, LLC v. Germanie FEQUIERE. No. 31301. Argued Dec. 3, 2009. Decided March 2, 2010. Background: Trustee of structured asset investment […]

Superior Court of New Jersey, Appellate Division. WELLS FARGO BANK, N.A., as Trustee, Plaintiff–Respondent, v. Sandra A. FORD, Defendant–Appellant. Argued Oct. 5, 2010. Decided Jan. 28, 2011. Background: Purported assignee of mortgage brought foreclosure action against mortgagor. The Superior Court, […]

Md.,2013. Deutsche Bank Nat. Trust Co. v. Brock — A.3d —-, 2013 WL 1164508 (Md.) Court of Appeals of Maryland. DEUTSCHE BANK NATIONAL TRUST COMPANY As Trustee for the Certificate Holders of Isac 2006–5 Mtg Pass–Through Certificates and Bank of […]

the court concluded that BAC was required to provide evidence demonstrating how BAC obtained the Note, but did not do so on the record before the court. As a result, the court determined that “Deutsche Bank and BAC failed to […]

366 Ill.App.3d 1148, 853 N.E.2d 1244 INTERIOR CRAFTS, INC., Plaintiff, July 11, 2006. Justice delivered the opinion of the court: **879 Interior Crafts, Inc. (Interior) hired Todd Leparski to be an assistant comptroller. Due to extremely lax accounting procedures at […]

Only the Westlaw citation is currently available. NOTE: UNPUBLISHED OPINION, SEE RCWA 2.06.040 Hit Enterprises, LLC, a Washington limited liability company; and Thomas S. Klutz, Jr., and Heidi Klutz, husband and wife, Respondents, v. Dragon Fire Enterprises, LLC, a Washington […]

United States Bankruptcy Court, E.D. Pennsylvania. In re Kiya CARMICHAEL, Debtor(s). Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset Backed Pass Through Certificates, Series 2005–R5 Under the Pooling and Servicing Agreement Date as of June […]

Originally, the Defendants had challenged Deutsche standing to foreclose, but they subsequently withdrew that challenge. See Brief in support of Cross–Motion, 11; Debtors’ Supplemental Brief, 3. Here they offer no evidence that disputes any of the foregoing. Instead, they question […]

Md.,2013. Deutsche Bank Nat. Trust Co. v. Brock 430 Md. 714, 63 A.3d 40, 80 UCC Rep.Serv.2d 232 Court of Appeals of Maryland. DEUTSCHE BANK NATIONAL TRUST COMPANY As Trustee for the Certificate Holders of ISAC 2006–5 MTG Pass–Through Certificates […]

Bank and BAC to initiate foreclosure; and, (3) Deutsche Bank defrauded Brock by attempting to foreclose on the property. Brock sought: (a) a permanent injunction preventing the Defendants from selling or foreclosing on the property under the deed of trust; […]

Mills v Chauvin — N.Y.S.2d —- NY,2013. — N.Y.S.2d —-, 103 A.D.3d 1041, 2013 WL 709059, 79 UCC Rep.Serv.2d 758, 2013 N.Y. Slip Op. 01300 Gregory S. Mills, Respondent-Appellant v Robert J. Chauvin, Appellant-Respondent. Supreme Court, Appellate Division, Third Department, […]

Miss.App.,2006. Trustmark Nat. Bank v. Barnard 930 So.2d 1281 June 6, 2006. Background: Debtor brought action against bank, alleging that he was damaged as a result of bank’s negligence in the administration of two loans, and bank counterclaimed for payment […]

609 S.E.2d 683 Page 1 271 Ga.App. 335, 609 S.E.2d 683, 55 UCC Rep.Serv.2d 893, 5 FCDR 268 (Cite as: 271 Ga.App. 335, 609 S.E.2d 683) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. 271 Ga.App. 335, 609 […]

Cal.App. 3 Dist.,2009. People v. Bartell 170 Cal.App.4th 1258, 88 Cal.Rptr.3d 844, 09 Cal. Daily Op. Serv. 1445, 2009 Daily Journal D.A.R. 1667 Feb. 4, 2009. Review Denied Apr. 29, 2009. Background: Defendant pleaded guilty in the Superior Court, Sutter […]

Court of Appeal of Louisiana, Second Circuit. Debbie Jo BROOKS, Plaintiff–Respondent v. TRANSAMERICA FINANCIAL ADVISORS and Boston Safe Deposit and Trust Company, Defendants– Applicants. No. 45,833–CW. Feb. 2, 2011. Background: Owner of checking account provided by clearing broker to allow […]

the unauthorized payment, the customer must promptly notify the bank of the relevant facts. La. R.S. 10:4–406(c). Asserting that Brooks failed to exercise reasonable promptness in examining her account statements and did not provide prompt notice of the checks forged […]

United States Court of Appeals, Fifth Circuit. Vernon T. JONES, Jr., as Receiver for W Financial Group, L.L.C., Plaintiff–Appellee, v. WELLS FARGO BANK, N.A., Defendant–Appellant. No. 11–10320. Jan. 9, 2012. Background: Court appointed receiver brought suit against bank for conversion […]

FN5. The UCC official commentary is an authoritative interpretation of the Code. Texas courts “are mind- ful of the official comments,” as they “provide valuable guidance to the meaning and purpose of the Code as enacted in Texas.” Morgan Bldgs. […]

Only the Westlaw citation is currently available. SEE COURT OF APPEALS RULES 11 AND 12 Court of Appeals of Tennessee. Stephen S. PATTERSON, II. v. SUNTRUST BANK, East Tennessee. No. E2012–01371–COA–R3–CV. Dec. 10, 2012 Session. Jan. 11, 2013. Appeal from […]

4. The business involved must have a regular practice of making such documents; and 5. The manner in which the information was provided or the document was prepared must not indicate that the ance with policy changes and applicable laws. […]

627 S.E.2d 276 Bradley P. UNION, by and through his Guardian, C. Douglas Maxwell, Jr., Plaintiff, v. negligent management of Mr. Union’s two trust accounts, and wrongful payment on fraudulently endorsed checks drawn on Mr. Union’s checking account. Because BB&T […]

Page 1 7 Misc.3d 557, 794 N.Y.S.2d 790, 2005 N.Y. Slip Op. 25003 (Cite as: 7 Misc.3d 557, 794 N.Y.S.2d 790) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Civil Court, Kings County. FALLSVIEW GLATT KOSHER CATERERS, […]

Page 1 13 A.3d 1057 (Cite as: 13 A.3d 1057) © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. R.I.,2011. B.S. Intern. Ltd. v. JMAM, LLC 13 A.3d 1057 Supreme Court of Rhode Island. B.S. INTERNATIONAL LTD. v. […]

Page 1 Slip Copy, 2012 WL 360145 (S.D.Fla.) (Cite as: 2012 WL 360145 (S.D.Fla.)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. United States District Court, S.D. Florida. Jorge Eduardo Pimienta BONILLA, a sole proprietorship d/b/a Creagraf, […]

Ark.App.,2013. Bowen v. Gardner — S.W.3d —-, 2013 Ark. App. 52, 2013 WL 356047 (Ark.App.), 79 UCC Rep.Serv.2d 560 Jan. 30, 2013. Background: Buyer of a special-order wood shaving machine brought breach of contract and unjust enrichment action against seller […]

920 So.2d 479 Page 1 920 So.2d 479 © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Slip Copy, 2006 WL 759658 (Ohio App. 2 Dist.), 2006 –Ohio- 1427 FOX & LAMBERTH ENTERPRISES, INC., et al. PlaintiffAppellee v. CRAFTSMEN […]

Page 1 Slip Copy, 2011 WL 350297 (Bkrtcy.D.Del.) (Cite as: 2011 WL 350297 (Bkrtcy.D.Del.)) © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Bkrtcy.D.Del.,2011. In re Aleris Intern., Inc. Slip Copy, 2011 WL 350297 (Bkrtcy.D.Del.) United States Bankruptcy […]

Page 1 712 S.E.2d 681, 74 UCC Rep.Serv.2d 830 (Cite as: 712 S.E.2d 681) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Court of Appeals of North Carolina. Douglas SINGLETARY, III, Plaintiff, v. P & A INVESTMENTS, […]

89 A.D.3d 471 Page 1 89 A.D.3d 471 (Cite as: 89 A.D.3d 471, 933 N.Y.S.2d 208) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Godfrey v G.E. Capital Auto Lease, Inc. 89 A.D.3d 471, 933 N.Y.S.2d 208 […]

C.A.2 (N.Y.),2013. Royal & Sun Alliance Ins., PLC v. International Management Services Co., Inc. 703 F.3d 604, Fed. Carr. Cas. P 84,745 United States Court of Appeals, Second Circuit. ROYAL & SUN ALLIANCE INSURANCE, PLC, Plaintiff–Appellee, v. INTERNATIONAL MANAGEMENT SERVICES […]

143 P.3d 1037 Kenneth James WEST, Petitioner We review on certiorari an appellate decision from the district court, which construed . We hold that this statute, which permits the rightful owner of stolen property to recover that property from the […]

Wash.App. Div. 2,2013. Person v. Bowman Not Reported in P.3d, 2013 WL 663726 (Wash.App. Div. 2) Gregory L. BOWMAN and Stacy Bowman, husband and wife, and Alex Herring, a minor, Respondents. No. 42448–7–II. Feb. 21, 2013. UNPUBLISHED OPINION WORSWICK, C.J. […]

122 Nev. 15, 125 P.3d 1160 Arthur R. WADDELL and Roswitha M. Waddell, Appellants, v. L.V.R.V. INC., D/B/A Wheeler’s Las Vegas Rv, Respondent. L.V.R.V. INC., D/B/A Wheeler’s Las Vegas Rv, Appellant, This is an appeal and cross-appeal from a district […]

Page 1 559 F.3d 373 (Cite as: 559 F.3d 373) © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. C.A.5 (Tex.),2009. Flint Hills Resources LP v. Jag Energy, Inc. 559 F.3d 373 United States Court of Appeals, Fifth […]

Page 1 780 N.W.2d 1 (Cite as: 780 N.W.2d 1) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Court of Appeals of Minnesota. Chad DeROSIER, Respondent, v. UTILITY SYSTEMS OF AMERICA, INC., Appellant. No. A09–879. March 2, […]

Page 1 Not Reported in S.W.3d, 2010 WL 456910 (Tex.App.-Amarillo) (Cite as: 2010 WL 456910 (Tex.App.-Amarillo)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Only the Westlaw citation is currently available. SEE TX R RAP RULE 47.2 […]

Page 1 412 Fed.Appx. 218, 2011 WL 303204 (C.A.11 (Ga.)) (Not Selected for publication in the Federal Reporter) (Cite as: 412 Fed.Appx. 218, 2011 WL 303204 (C.A.11 (Ga.))) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. This […]

Page 1 Slip Copy, 34 Misc.3d 1236(A), 2012 WL 745088 (N.Y.Sup.), 2012 N.Y. Slip Op. 50386(U) (Table, Text in WESTLAW), Unreported Disposition (Cite as: 2012 WL 745088 (N.Y.Sup.)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. NOTE: […]

126 P.3d 928 Page 1 126 P.3d 928, 2006 WY 16, 24 IER Cases 78 (Cite as: 126 P.3d 928) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 435 F.Supp.2d 1160 SCOTWOOD INDUSTRIES, INC., Plaintiffs/Counter-Defendant, v. FRANK MILLER […]

126 P.3d 928 Page 1 126 P.3d 928, 2006 WY 16, 24 IER Cases 78 (Cite as: 126 P.3d 928) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 2006 WL 573008 Charmaine SCHREIB and Dale A. Worker, Individually […]

Rothing v. Kallestad 337 Mont. 193, 159 P.3d 222 Supreme Court of Montana. Peter and Tanya ROTHING, d/b/a Diamond R. Enterprises, Inc., Plaintiffs and Appellants, v. Arnold KALLESTAD, Defendant and Respondent. No. 05-186. Argued Feb. 1, 2006. Submitted Feb. 14, […]

the seller of a single ton of Sudan hay, a relatively small amount, where the hay caused the death of plaintiff’s dairy cows from botulism poisoning. And, in Libke Washington reaffirmed its earlier ruling in Larson that the concept of […]

808 N.E.2d 1 Page 1 347 Ill.App.3d 627, 808 N.E.2d 1, 283 Ill.Dec. 451 (Cite as: 347 Ill.App.3d 627, 808 N.E.2d 1, 283 Ill.Dec. 451) Appellate Court of Illinois, percent First District, Fifth Division. value Marc S. COHEN, and similarly […]

445 F.3d 152 Leslie GOLDMAN, Plaintiff-Appellee, v. Jeffrey F. COHEN, Defendant-Appellant. Docket No. 05-2645-CV. Argued: Jan. 13, 2006. Decided: April 12, 2006. JOSÉ A. CABRANES, Circuit Judge. We consider here, as a matter of first impression in our Circuit, whether […]

C.A.2 (N.Y.),2009. New York State Restaurant Ass’n v. New York City Bd. of Health 556 F.3d 114 United States Court of Appeals, Second Circuit. NEW YORK STATE RESTAURANT ASSOCIATION, Plaintiff-Appellant, v. NEW YORK CITY BOARD OF HEALTH, New York City […]

ing its own requirements for nutrition information labeling, see 21 U.S.C. § 343-1(a)(4), but it does generally preempt it from adopting different rules for nutrient content claims, id. § 343-1(a)(5). In light of the NLEA’s express preemption provisions, therefore, the […]

preempted. FN16. We have not been asked to conclude that Regulation 81.50 is impliedly preempt- APWU v. Potter, 343 F.3d 619, 626 (2d Cir.2003) (“A basic tenet of statutory con- struction, equally applicable to regulatory construction, is that a text […]

N.D.Ill.,2010. Cleary v. Philip Morris USA, Inc. 683 F.Supp.2d 730 United States District Court, N.D. Illinois, Eastern Division. Brian CLEARY and Rita Burke, individually and on behalf of all others similarly situated, Plaintiffs, v. PHILIP MORRIS USA, INC., et al., […]

ant’s conduct had caused “spinal injury which consisted of one or more crushed vertebrae.” Porter, 227 Ill.2d at 362– 63, 317 Ill.Dec. 703, 882 N.E.2d at 594 (citing Huntoon v. Pritchard, 371 Ill. 36, 39, 20 N.E.2d 53 (1939)). Porter […]

W.D.N.Y.,2012. Engler v. Atlantic Resource Management, LLC Slip Copy, 2012 WL 464728 (W.D.N.Y.) Only the Westlaw citation is currently available. United States District Court, W.D. New York. Michael E. ENGLER, Plaintiff, v. ATLANTIC RESOURCE MANAGEMENT, LLC, Defendant. No. 10–CV–968S. Feb. […]

F.T.C. v. Check Investors, Inc. 502 F.3d 159 United States Court of Appeals, Third Circuit. v. Check Investors, Inc.; Check Enforcement; Jaredco, Inc.; Barry S. Sussman; Elizabeth M. Sussman; Charles T. Hutchins. Check Investors, Inc., Check Enforcement, Jaredco, Inc., Barry […]

and Hutchins now argue that since the payors on its NSF checks were also FDCPA does not apply to their collection efforts. We disagree. In Zimmerman, we explained that the FDCPA was enacted to protect people who have “contracted for […]

Geertson Seed Farms v. Johanns N.D.Cal.,2007 United States District Court, N.D. California. GEERTSON SEED FARMS, et al., Plaintiffs, v. Mike JOHANNS, Secretary of the United States Department of Agriculture, et al., Defendants. No. C 06-01075 CRB. Feb. 13, 2007. DC, […]

these farmers do not want to grow or feed to their livestock genetically engineered alfalfa, regardless of how such alfalfa can be marketed. allows one percent of its imported alfalfa to be transgenic and “[b]y employing reasonable quality control, it […]

C.A.9 (Ariz.),2010. River Runners for Wilderness v. Martin 593 F.3d 1064, 10 Cal. Daily Op. Serv. 1388, 2010 Daily Journal D.A.R. 1777 tional Park Service; National Park Service; Kenneth L. Salazar, in his official capacity as Secretary of the U.S. […]

where Congress has authorized the agencies to act. Among other considerations, a court applying the Chevron doctrine asks whether an agency decision is intended by Congress to have the force of law. The Supreme Court noted in Mead that the […]

C.A.4 (S.C.),2013. PCS Nitrogen Inc. v. Ashley II of Charleston LLC — F.3d —-, 2013 WL 1340018 (C.A.4 (S.C.)) Only the Westlaw citation is currently available. United States Court of Appeals, Fourth Circuit. PCS NITROGEN INCORPORATED, successor through purchase, name […]

Before MOTZ, KING, and DIAZ, Circuit Judges. Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DIAZ joined. OPINION DIANA GRIBBON MOTZ, Circuit Judge: These appeals arise from disputes as to liability for cleanup […]

property for which Ashley sued PCS to remediate” is simply irrelevant. The relevant question is whether RHCE‘s leasehold is part of a “facility” as defined by CERCLA. See, e.g., 42 U.S.C. § 9607(a)(1) (making liable “the owner and operator of […]

D.Vt.,2007. Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie 508 F.Supp.2d 295, 66 ERC 1157, 74 Fed. R. Evid. Serv. 551 United States District Court, D. Vermont. GREEN MOUNTAIN CHRYSLER PLYMOUTH DODGE JEEP; Green Mountain Ford Mercury; Joe Tornabene’s GMC; […]

FINDINGS AND CONCLUSIONS 336 I. The State Regulations 336 A. Implementation of California‘s AB 1493 336 B. Adoption of Vermont’s GHG Emissions Standards 338 C. The Global Warming Connection 339 D. The GHG Regulation Provisions 341 II. Preemption 343 A. […]

whether the expert has unjustifiably extrapolated from an accepted premise to an unfounded conclusion. See Joiner, insofar as these effects are presented as consequences of 522 U.S. at 146, 118 S.Ct. 512. ly do not seek to exclude his testimony […]

origin in a neighboring state rather than Vermont does not negate its applicability to the Vermont ski industry; the The Renewed Motion to Exclude the Testimony of Barrett states are small and contiguous and have similar climates. N. Rock (Doc. […]

putes the conclusion that the RPE used was in- correct; for example, the NAS used the same RPE in its 2002 study. See DX 2007 at 41. Fur- feasibility on the expert testimony that Plaintiffs Dep. Tr. vol. 1, 153:17-22; […]

rulemaking with regard to controlling GHG emissions from new motor vehicles, working closely with the De- lenge); Central Valley Chrysler-Jeep v. Witherspoon, 456 partments of Transportation, Energy and Agriculture. Cir.1984) (conversion of state statute into a federal Clean F.Supp.2d 1160, […]

General Motors’ regular business plan, as opposed to the maximum technology scenario, would result in a shortfall of more than ten miles per gallon in the PC/LDT1 catego- ry, and a shortfall of more than four miles per gallon in […]

emissions standards require a demonstration that a vehicle can meet the evaporative emissions limits on a full range of E85 and gasoline combinations. Id. at 32:6-33:18. ing the vehicle‘s fuel economy. Weverstad wasn’t aware However, there currently are General Motors […]

Id. at 28:9-33:8. Based on Austin’s cost estimates, Har- bour predicted that the percent decrease in sales in the market overall would be an average of 11.8 percent, as- suming a price elasticity of minus one. Id. at 33:18-34:15. Taking […]

Briefs and Other Related Documents Oral Argument Transcripts with Streaming Media United States Court of Appeals, Seventh Circuit. John D. SHERIDAN and S & D Holdings, Inc., on their own behalf and that of all others similarly situated, Plaintiffs-Appellants, v. […]

Page 1 555 F.3d 1188, 2009-1 Trade Cases P 76,499 (Cite as: 555 F.3d 1188) © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. C.A.10 (Utah),2009. Christy Sports, LLC v. Deer Valley Resort Co., Ltd. 555 F.3d 1188, […]

Page 8 555 F.3d 1188, 2009-1 Trade Cases P 76,499 (Cite as: 555 F.3d 1188) © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. A. Imposition of the Restrictive Covenant [7][8] We agree with the defendant that the […]

Page 1 592 F.3d 314, 2010-1 Trade Cases P 76,866, 93 U.S.P.Q.2d 1384 (Cite as: 592 F.3d 314) © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. C.A.2 (N.Y.),2010. Starr v. Sony BMG Music Entertainment 592 F.3d 314, […]

Page 10 592 F.3d 314, 2010-1 Trade Cases P 76,866, 93 U.S.P.Q.2d 1384 (Cite as: 592 F.3d 314) © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. [2][3] We review de novo a district court’s dismissal of a […]

N.D.N.Y.,2012. Dayton Superior Corp. v. Spa Steel Products, Inc. Slip Copy, 2012 WL 113663 (N.D.N.Y.), 2012-1 Trade Cases P 77,757, 76 UCC Rep.Serv.2d 495 Only the Westlaw citation is currently available. United States District Court, N.D. New York. DAYTON SUPERIOR […]

127 S.Ct. 2705 U.S.,2007 Supreme Court of the United States LEEGIN CREATIVE LEATHER PRODUCTS, INC., Petitioner, v. PSKS, INC., dba Kay’s Kloset … Kay’s Shoes. No. 06-480. Argued March 26, 2007. Decided June 28, 2007. Justice KENNEDY delivered the opinion […]

manufacturers have resorted to costlier alternatives of controlling resale prices retailers charge consumers represents part of the manufacturer’s cost of distribution, which, like any other cost, the manufacturer usually desires to minimize. See GTE Sylvania, 433 U.S., at 56, n. […]

445 F.3d 105 Page 1 445 F.3d 105, Fed. Sec. L. Rep. P 93,741 (Cite as: 445 F.3d 105) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. UNITED STATES of America, Plaintiff-Appellee, v. Daniel T. ROSE, Defendant-Appellant. No. […]

514 F.3d 1328, 379 U.S.App.D.C. 419 United States Court of Appeals, District of Columbia Circuit. GRANT THORNTON, LLP, Petitioner Background: Accounting firm petitioned for review of a final decision and orders of the Office of the Comptroller of the Currency […]

Independent audits are an integral part of the system of controls designed to professionalism and poor quality audit work by CPA’s [sic] helped mask the notify regulators about poor management practices at failing thrifts, which ultimately delayed regulatory action against […]

Vt.,2009. DeYoung v. Ruggiero 971 A.2d 627, 2009 VT 9 Supreme Court of Vermont. Background: Clients brought action against lawyer to recover misappropriated funds. After denying clients’ motion for summary judgment and granting lawyer’s motion for default judgment, the Rutland […]

[1] ¶ 15. On appeal, plaintiffs first argue that the superior court erred by entering a default judgment rather than granting their motion for summary judgment. According to plaintiffs, summary judgment was mandatory under Rule 56(c)(3) because defendant did not […]

Ga.App.,2010. Guerrero v. McDonald 302 Ga.App. 164, 690 S.E.2d 486, 10 FCDR 364 Court of Appeals of Georgia. GUERRERO et al. v. McDONALD et al. No. A09A1715. Jan. 29, 2010. Background: Former client brought professional negligence action against certified public […]

Mass.Super.,2012. Askenazy v. Tremont Group Holdings, Inc. Not Reported in N.E.2d, 29 Mass.L.Rptr. 340, 2012 WL 440675 (Mass.Super.) Only the Westlaw citation is currently available. Superior Court of Massachusetts, Suffolk County. Dorothy ASKENAZY & others,FN1 Plaintiffs, FN1. Philip Askenazy; Richard […]

Servs., Inc., Nos. 762–N, 763–N, 2005 WL 2130607, at *12–13 (Del. Ch. Aug. 16, 2005), and citing Litman v. Pru– dential–Bache Props., Inc., 611 A.2d 12, 15–16 (Del. Ch.1992) (holding claim to be derivative where the figist of plaintiffs’ complaint […]

Frank U. WETMORE, Plaintiff-Appellant, v. MACDONALD, PAGE, SCHATZ, FLETCHER & COMPANY, LLC, Defendant-Appellee. Heard Jan. 9, 2007. Decided Jan. 12, 2007. Before , Circuit Judge, , Senior Circuit Judge, and SHADUR, Senior District Judge. Of the Northern District of Illinois, […]

37 S.W.3d 202 Supreme Court of Arkansas. Joe TERRY and David Lee Stocks v. A.D. LOCK, Lock Hospitality, Inc., Greg Entler, John Doe I, John Doe II, and John Doe III. No. 00-818. Jan. 25, 2001. RAY THORNTON, Justice. On […]

Conn.,2009. Wasniewski v. Quick and Reilly, Inc. 292 Conn. 98, 971 A.2d 8 Supreme Court of Connecticut. Background: Son who was named as owner of brokerage account previously opened, without son’s knowledge, by his father brought suit against brokerage firm […]

of an account with that broker. The court further [found] that the defendant breached this contract when it trans- ferred the funds to someone other than the plaintiff. The plaintiff was awarded $52,085 plus costs. of volume 9 of Corpus […]

Ark.App.,2010. Gray v. Moreland — S.W.3d —-, 2010 Ark. App. 207, 2010 WL 723926 (Ark.App.) Court of Appeals of Arkansas. Don GRAY, Appellant v. Bob MORELAND and Moreland Aviation Enterprises, Inc., Appellees. No. CA 09–452. March 3, 2010. Appeal From […]

Crippen v. Campbell Slip Copy, 2007 WL 2768076 Court of Appeals of Tennessee. Jason M. CRIPPEN v. Catharyn CAMPBELL. No. E2007-00309-COA-R3-CV. Aug. 15, 2007 Session. Sept. 24, 2007. CHARLES D. SUSANO, JR., J., delivered the opinion of the court, in […]

Thomas Scott CLINE, et al. v. Roy C. BERG, Jr. Record No. 060237. enjoyment of his real property. After hearing evidence ore tenus, the circuit Jan. 12, 2007. OPINION BY Justice . Roy C. Berg, Jr. (Berg), filed a bill […]

Va.,2009. Landmark HHH, LLC v. Gi Hwa Park 277 Va. 50, 671 S.E.2d 143 Supreme Court of Virginia. Background: Commercial tenant filed action seeking to recover damages from landlord for breach of its lease obli– LANDMARK HHH, LLC v. GI […]

Colo.App.,2010. Hunter v. Mansell — P.3d —-, 2010 WL 726301 (Colo.App.) v. Alana C. MANSELL, Defendant-Appellee and Cross-Appellant. No. 09CA0799. March 4, 2010. Holdings: The Court of Appeals, Roy, J., held that: (1) disclosure of encroachment by neighbor’s predecessor did […]

We review a grant of summary judgment de novo. Brodeur v. American Home Assurance Co., 169 P.3d 139, 146 (Colo.2007). judgment. See Serna v. Kingston Enterprises, 72 P.3d 376, 380 (Colo.App.2002). In evaluating a motion for summary judgment, the nonmoving […]

N.Y.A.D. 3 Dept.,2012. McKeag v. Finley 93 A.D.3d 925, 939 N.Y.S.2d 644, 2012 N.Y. Slip Op. 01539 Supreme Court, Appellate Division, Third Department, New York. Joan Linda McKEAG, Appellant, v. Madison K. FINLEY, Individually and as Trustee of the Gardner […]

N.C.App.,2011. Town of Midland v. Morris 209 N.C.App. 208, 704 S.E.2d 329 v. John S[.] Wagner and Anne D. Wagner, Defendants. and Town of Midland, Plaintiff, v. Town of Midland, Plaintiff, v. Jimmy Ray Wilkinson And Gilda S[.] Wilkinson, Defendants. […]

148 Eminent Domain 148III Proceedings to Take Property and Assess Compensation tion. Appeal by Property Owners FN1 from order entered 13 November 2009 by Judge Lindsay R. Davis, Jr. in Cabar- rus County Superior Court. Heard in the Court of […]

40 S.E.2d 600 (1946); Stout, 121 N.C.App. at 718, 468 S.E.2d at 257. Applying this test to the present case in the appropriate context, there is nothing to indicate that gas services—were they to be provided by Midland—would be available […]

252 Wis.2d 676, 643 N.W.2d 132, 2002 WI App 70 v. Perry J. ARMSTRONG, Defendant-Respondent, First Weber Group, Inc. and Robert H. Carpenter, Defendants-Third-Party Opinion Filed Feb. 28, 2002. ¶ 1 , P.J. This appeal arises out of a *684 […]

court, it would appear he agrees that if his interpretation does not prevail, then it is necessary to determine whether Carpenter provided Dantinne with the December 1998 rent roll prior to closing. In , the court held that the buyer […]

495 F.3d 191 United States Court of Appeals, Fifth Circuit. C.A.5 (La.),2007 In re: KATRINA CANAL BREACHES LITIGATION. Richard Vanderbrook; Mary Jane Silva; James Capella; Madeline Grenier, misidentified as Sophia Granier; Jack Capella, as the Executor of the Succession of […]

[1] Link to KeyCite Notes[2] Link to KeyCite Notes[3] Link to KeyCite Notes We Rapid Transit, 369 F.3d 464, 467 (5th Cir.2004) (quoting Jones v. Greninger, 188 F.3d 322, 324 (5th Cir.1999)). To survive a Rule 12(b)(6) motion to dismiss, […]

than “overtop,” which means “[t]o rise over or above the top of; to surpass in height, surmount, tower above, top.” Id. at 1131. Additionally, a levee is a flood-control structure; its very purpose is to prevent the floodwaters of a […]

Page 1 594 F.3d 1047 (Cite as: 594 F.3d 1047) © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. C.A.8 (Mo.),2010. Medical Protective Co. v. Bubenik 594 F.3d 1047 United States Court of Appeals, Eighth Circuit. The MEDICAL […]

Iowa App.,2011. Deters v. USF Ins. Co. 797 N.W.2d 621, 2011 WL 222533 (Iowa App.) Only the Westlaw citation is currently available.NOTICE: FINAL PUBLICATION DECISION PENDING Court of Appeals of Iowa. Mary DETERS, as the Executor for the Estate of […]

only seek to satisfy the remaining judgment from USF proceeds. The Deters Estate retained the failure to defend and bad faith claim and right to recover attorney fees from USF. Jon and Jason’s estates intervened in the Deters Estate declaratory […]

Me.,2012. Philadelphia Indem. Ins. Co. v. Farrington 37 A.3d 305, 2012 ME 23 Supreme Judicial Court of Maine. PHILADELPHIA INDEMNITY INSURANCE COMPANY v. Joshuah P. FARRINGTON. Docket No. BCD–11–368. Submitted on Briefs: Jan. 30, 2012. Decided: Feb. 28, 2012. Background: […]

Leonard v. Nationwide Mut. Ins. Co. 499 F.3d 419 Paul LEONARD; Julie Leonard, Plaintiffs-Appellees-Cross-Appellants, v. NATIONWIDE MUTUAL INSURANCE CO., Defendant-Appellant-Cross- Appellee. No. 06-61130. Aug. 30, 2007. EDITH H. JONES, Chief Judge: This homeowner’s policy coverage dispute arose from the destruction […]

wind-water action.FN6 Such cases thus do not support the Leonards’ argument that the Mississippi default rule in hurricane cases is always to allow recovery for intimated in one case that even if a covered peril is the efficient proximate cause […]

Leonards to recovery for their flood-induced damages. See In re Katrina Canal Breaches Litig., 495 F.3d 191, 2007 WL 2200004, at *27 (5th Cir. Aug.2, 2007) (stating in the context of an ACC clause that “an insured may not avoid […]

Fla.App. 1 Dist.,2009. Taylor v. Taylor 1 So.3d 348, 34 Fla. L. Weekly D229 District Court of Appeal of Florida, Background: Decedent‘s surviving child brought petition for determination of beneficiaries, alleging that prenuptial agreement barred decedent’s wife from partaking in […]

Ga.,2010. Witcher v. JSD Properties, LLC 286 Ga. 717, 690 S.E.2d 855, 10 FCDR 727 Supreme Court of Georgia. WITCHER v. JSD PROPERTIES, LLC et al. (two cases) Nos. S10A0053, S10A0054. March 15, 2010. Background: Administrator of beneficiary’s estate brought […]

Copr. (c) 2011, Secretary of State, State of New York NY,2011. Matter of Walker 80 A.D.3d 865, 914 N.Y.S.2d 3796022011 WL 317479992011 N.Y. Slip Op. 000824603, 914 N.Y.S.2d 3796022011 WL 317479992011 N.Y. Slip Op. 000824603, 914 N.Y.S.2d 3796022011 WL 317479992011 […]

547 U.S. 293, 126 S.Ct. 1735, 164 L.Ed.2d 480, 74 USLW 4224, 46 Daily Journal D.A.R. 5171 Vicki Lynn MARSHALL, Petitioner, E. Pierce MARSHALL. v. No. 04-1544. Argued Feb. 28, 2006. Decided May 1, 2006. Justice delivered the opinion of […]

Page 1 Slip Copy, 2012 WL 627702 (C.A.9 (Cal.)) (Not Selected for publication in the Federal Reporter) (Cite as: 2012 WL 627702 (C.A.9 (Cal.))) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Only the Westlaw citation is […]

C.A.11 (Fla.),2013. Absolute Trading Corp. v. Bariven S.A. Slip Copy, 2013 WL 49735 (C.A.11 (Fla.)) Only the Westlaw citation is currently available.This case was not selected for publication in the Federal Reporter. Not for Publication in West‘s Federal Reporter. See […]

Wis.App.,2013. Schweiger v. Kia Motors America, Inc. Slip Copy, 2013 WL 1149765 (Wis.App.) Only the Westlaw citation is currently available. NOTICE: FINAL PUBLICATION DECISION PENDING. SEE W.S.A. 809.23. Court of Appeals of Wisconsin. Randal M. SCHWEIGER, Plaintiff–Respondent–Cross–Appellant, v. KIA MOTORS […]

An expert testified that he had “ ‘never seen another dump truck not be able to steer when stationary on concrete’ and that the truck‘s steering problems were ‘consistent with a malfunction.’ “ Id., ¶ 12. Additionally, there was testimo- […]

69 A.D.3d 1185 Page 1 69 A.D.3d 1185 (Cite as: 69 A.D.3d 1185, 895 N.Y.S.2d 217) © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Copr. (c) 2010, Secretary of State, State of New York NY,2010. Overseas Private […]

N.D.Cal.,2011. Zhang v. Tse Not Reported in F.Supp.2d, 2011 WL 577406 (N.D.Cal.) Only the Westlaw citation is currently available. This decision was reviewed by West editorial staff and not assigned editorial enhancements. United States District Court, N.D. California. Mei–Fang Lisa […]

925 N.E.2d 233 Page 1 398 Ill.App.3d 592, 925 N.E.2d 233, 338 Ill.Dec. 736 (Cite as: 398 Ill.App.3d 592, 925 N.E.2d 233, 338 Ill.Dec. 736) Ill.App. 3 Dist.,2010. LaSalle Bank Nat. Ass‘n v. Cypress Creek 1, LP 398 Ill.App.3d 592, […]

925 N.E.2d 233 Page 7 398 Ill.App.3d 592, 925 N.E.2d 233, 338 Ill.Dec. 736 (Cite as: 398 Ill.App.3d 592, 925 N.E.2d 233, 338 Ill.Dec. 736) Edon: $285,827 **/$2,068,699 = 15% = approximately $50,000 LaSalle subrogation: $1,587,765/$2,068,699 = 76% = $256,514 […]

Court of Appeals of Wisconsin. COMMUNITY BANK & TRUST, Plaintiff–Respondent, v. KOENIG & VITS, INC., Defendant, Timothy M. Martinez, Defendant–Appellant. No. 2011AP1627. Jan. 3, 2013. Appeal from a judgment of the circuit court for Manitowoc County: Darryl W. Deets, Judge. […]

Conn.App.,2010. 73-75 Main Ave., LLC v. PP Door Enterprise, Inc. 120 Conn.App. 150, 991 A.2d 650 Appellate Court of Connecticut. 73-75 MAIN AVENUE, LLC v. PP DOOR ENTERPRISE, INC., et al. No. 30667. Argued Dec. 4, 2009. Decided March 30, […]

claimed that she signed the credit authorization form because Zhang told her he was too young to have good credit, and, therefore, he needed her help so that he could lease the building.FN7 Li claimed that she had no knowledge […]

District Court of Appeal of Florida, Fourth District. Robert McLEAN, Appellant, v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION, not individually but solely as Trustee for the holders of Structured Asset Mortgage Investments II, Inc., Mortgage Pass–Through Certificates, Series 2006–ARS, Appel- […]

Page 1 65 S.W.3d 613, 47 UCC Rep.Serv.2d 392 (Cite as: 65 S.W.3d 613) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Missouri Court of Appeals, Southern District, Division One. CABOOL STATE BANK, Plaintiff–Respondent, v. RADIO SHACK, […]

676 S.E.2d 394 Page 1 296 Ga.App. 782, 676 S.E.2d 394, 68 UCC Rep.Serv.2d 576, 09 FCDR 1129 (Cite as: 296 Ga.App. 782, 676 S.E.2d 394) © 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. Ga.App.,2009. Okefenokee Aircraft, […]

Page 1 Slip Copy, 2011 WL 880451 (E.D.Pa.), 74 UCC Rep.Serv.2d 21 (Cite as: 2011 WL 880451 (E.D.Pa.)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Only the Westlaw citation is currently available. United States District Court, […]

Page 1 Slip Copy, 2012 WL 32102 (Ohio App. 6 Dist.), 2012 -Ohio- 30 (Cite as: 2012 WL 32102 (Ohio App. 6 Dist.)) © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. CHECK OHIO SUPREME COURT RULES FOR […]

United States Court of Appeals, First Circuit. BARCLAYS BANK PLC, Plaintiff, Appellee, v. Thomas A. POYNTER, individually and as Trustee of the Leningrad Cowboys Trust, Defendant, Appellant, Simply Interactive, Inc.; The Transitions Group, Inc.; Transitions Capital, Inc.; Transitions International, Inc.; […]

368 N.J.Super. 587 Page 1 368 N.J.Super. 587, 847 A.2d 628, 53 UCC Rep.Serv.2d 573 (Cite as: 368 N.J.Super. 587) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. 333 Mont. 169, 142 P.3d 797 Mark DENTON and Verna […]

Ga.App.,2010. Harman v. McAfee 302 Ga.App. 698, 691 S.E.2d 586, 10 FCDR 784 Court of Appeals of Georgia. HARMAN v. McAFEE. No. A09A2315. March 8, 2010. Background: Payee of promissory note brought action against maker for misapplication of funds and […]

United States Bankruptcy Court, E.D. North Carolina, Wilson Division. In re Monica Ann SEXTON, Debtor. No. 05–03152–8–RDD. Jan. 25, 2011. West KeySummaryBankruptcy 51 2464 51 Bankruptcy 51IV Effect of Bankruptcy Relief; Injunction and Stay 51IV(D) Enforcement of Injunction or Stay […]

Bkrtcy.M.D.Fla.,2012. In re Gholston Slip Copy, 2012 WL 639288 (Bkrtcy.M.D.Fla.) Only the Westlaw citation is currently available. United States Bankruptcy Court, M.D. Florida, Orlando Division. In re Michelle L. GHOLSTON, Debtor. No. 6:11–bk–17200–ABB. Feb. 27, 2012. ORDER ARTHUR B. BRISKMAN, […]

United States Court of Appeals, First Circuit. In re Barbara J. HANN, Debtor. Barbara J. Hann, Plaintiff, Appellee, v. Educational Credit Management Corporation, Defendant, Appellant. No. 12–9006. March 29, 2013. Background: After Chapter 13 bankruptcy case concluded, debtor reopened her […]

368 N.J.Super. 587 Page 1 368 N.J.Super. 587, 847 A.2d 628, 53 UCC Rep.Serv.2d 573 (Cite as: 368 N.J.Super. 587) © 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. 437 F.3d 1145 OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF PSA, […]

392 F.3d 55, 35 Envtl. L. Rep. 20,004, 59 ERC 1801 Briefs and Other Related Documents compa ny’s United States Court of Appeals,First Circuit. RIVERDALE MILLS CORP. and James M. Knott, Sr., Plaintiffs, Appellees, v. Justin PIMPARE and Daniel Granz, […]

122 L.Ed.2d 517 (1993) ; Educadores Puertorriquenos en Acción v. Hernández, 367 F.3d 61, 67-68 (1st Cir.2004). o v Where, as here, qualified immunity is brought at the summary judgment stage, the inquiry on the first prong is somewhat different. […]

Chamber of Commerce of U.S. v. S.E.C. C.A.D.C.,2006 District of Columbia Circuit. ROGERS, Circuit Judge. This appeal concerns the continuing challenge by the Chamber of Commerce of the United States to the rule promulgated on July 27, 2004 (“the Rule”) […]

independent director requirement from $4,779 for large fund complexes to $37,500 for boards overseeing only one fund. Id. at 39,392-93. estimates based upon the extra-record materials, and not the other way around. Specifically, the Commission, in referring to two letters […]

Massachusetts v. E.P.A. MASSACHUSETTS et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY et al. No. 05-1120. Argued Nov. 29, 2006. Decided April 2, 2007. Justice STEVENS delivered the opinion of the Court. A well-documented rise in global temperatures has coincided with […]

C.A.6,2010. Conley v. National Mines Corp. 595 F.3d 297 United States Court of Appeals, Sixth Circuit. Gartha C. CONLEY, widow of Dave Conley, Petitioner, v. NATIONAL MINES CORPORATION; Old Republic Insurance Company; Director, Office of Workers’ Compensa- tion Programs, United […]

C.A.D.C.,2011. Manin v. National Transp. Safety Bd. 627 F.3d 1239, 393 U.S.App.D.C. 299 United States Court of Appeals, District of Columbia Circuit. Michael George MANIN, Petitioner v. NATIONAL TRANSPORTATION SAFETY BOARD and Federal Aviation Administration, Respondents. No. 09–1157. Argued Oct. […]

Owner-Operator Independent Drivers Ass’n, Inc. v. Federal Motor Owner- 494 F.3d 188 C.A.D.C.,2007 Wage & Hour Cas.2d (BNA) 1284 United States Court of Appeals, District of Columbia Circuit. OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., Petitioner v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, […]

Evaluation Analytical Support 51 (2000) (“2000 TIFA Study”). The same is true of aggregated all such data at “13+” hours. See (Final) TIFA Study at 12 (J.A. 1727); 2000 TIFA Study at 51. • After deriving hourly fatigue-related crash-risk estimates […]

70 Fed.Reg. at 50,030. It also acknowledged driver comments that “the consecutive duty time requirement caused them to skip meals or naps.” Id. at 50,013. FMCSA concluded, however, that several other considerations minimized or outweighed this disadvantage. First, a FMCSA […]

Ch. 1: Sole Proprietorships and Franchises – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) Entrepreneur: Someone who initiates and assumes the financial risk of a new enterprise. One or more entrepreneurs setting out to start […]

Ch. 10: Employment, Immigration, and Labor Law – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Absent a contrary agreement or law, an employer may terminate an employee at any time, for any reason, or […]

Ch. 10: Employment, Immigration, and Labor Law – No. 10 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  The Employee Polygraph Protection Act prohibits employers from (1) requiring or causing employees or applicants to take a lie-detector […]

Ch. 11: Employment Discrimination and Diversity – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Equal Employment Opportunity Commission (EEOC): The federal agency charged with enforcing Title VII of the Civil Rights Act of 1964 […]

Ch. 11: Employment Discrimination and Diversity – No. 8 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Supervisors: Employers are generally liable for sexual harassment by supervisors regardless of whether (1) the employer knew of the harassment […]

Ch. 12: The Function and Creation of Negotiable Instruments – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  A negotiable instrument (1) is written; (2) is signed by its maker or drawer; and (3) sets […]

Ch. 13: Negotiable Instruments: Transferability and Holder in Due Course – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Assignment: Under general contract principles, a negotiable instrument may be transferred to an assignee, which then […]

Ch. 13: Negotiable Instruments: Transferability and Holder in Due Course – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Holder in Due Course (HDC): A holder who (1) acquires a negotiable instrument for value, (2) […]

Ch. 14: Negotiable Instruments: Liability, Defenses, and Discharge – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Makers and acceptors (drawees that promise to pay when the instrument is presented) are, subject to one or […]

Ch. 27: Negotiable Instruments: Liability, Defenses, and Discharge – No. 9 Clarkson et al.’s Business Law (13th ed.)  Transfer Warranties: Any person who transfers an instrument for consideration impliedly warrants that (1) the transferor is entitled to enforce the […]

Ch. 15: Checks and Banking in the Digital Age – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Check: A draft drawn by a depositor (the drawer) ordering a bank or other financial institution (the […]

Ch. 15: Checks and Banking in the Digital Age – No. 10 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) THE COLLECTION PROCESS   Bank Designations: The first bank to receive a check for payment is the […]

Ch. 16: Title, Risk, and Insurable Interest – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Before any interest in specific goods can pass from seller to buyer or from lessor to lessee, two conditions […]

Ch. 17: Performance and Breach of Sales and Lease Contracts – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Every party to every contract for the sale or lease of goods owes every other party […]

Ch. 17: Performance and Breach of Sales and Lease Contracts – No. 11 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Right to Assurance: If one party has “reasonable grounds” to believe that the other party will […]

Ch. 17: Performance and Breach of Sales and Lease Contracts – No. 19 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  If the seller/lessor refuses to deliver the goods to the buyer/lessee, the buyer/lessee may (1) cancel […]

Ch. 18: Warranties and Product Liability – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Good Title: Except where disclaimed, sellers warrant that they have good and valid title to the goods being sold and […]

Ch. 19: International Law in a Global Economy – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  International Law: The body of written and unwritten laws, including treaties, governing the relations between and among nations […]

Ch. 20: Creditors’ Rights and Remedies – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Lien: A claim against a debtor’s property that must be satisfied before other creditors may claim the property or its […]

Ch. 21: Secured Transactions – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Secured Transaction: A transaction in which a debtor guarantees payment or performance by pledging collateral that she owns or in which she […]

Ch. 21: Secured Transactions – No. 9 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Perfected vs. Unperfected Security Interests: A perfected security interest in collateral has priority over an unperfected security interest in the same collateral. […]

Ch. 2: Partnerships and Limited Liability Partnerships – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Partnership: An association of two or more persons who carry on, as co-owners, a business in which they (1) […]

Ch. 2: Partnerships and Limited Liability Partnerships – No. 9 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Dissociation: A partner may cease being associated with the partnership’s business, inter alia: (1) by notifying her partners that […]

Ch. 23: Administrative Agencies – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) ADMINISTRATIVE LAW  Administrative Agencies: Agencies authorized by federal or state legislation to make and enforce rules to administer and enforce legislative acts […]

Ch. 24: Consumer Law – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  The Federal Trade Commission (FTC) polices advertising that misleads consumers either by making an unjustified claim or by omitting a material fact […]

Ch. 24: Consumer Law – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  The Consumer Product Safety Commission (CPSC)  conducts product safety research;  maintains a clearinghouse of information on the risks associated with […]

Ch. 25: Environmental Law – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Nuisance: A person may be liable if they use their property in a manner that unreasonably interferes with others’ rights to use […]

Ch. 26: Antitrust Law – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  The Sherman Antitrust Act prohibits (1) contracts, combinations, and conspiracies in restraint of interstate trade or commerce, and (2) actual or attempted […]

Ch. 26: Antitrust Law – No. 8 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Exclusive-Dealing Contract: An agreement by which a seller forbids a buyer from purchasing products from the seller’s competitors is illegal if the […]

Ch. 27: Professional Liability and Accountability – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  An accountant who establishes or maintains financial records, designs, controls, or audits financial recordkeeping systems, prepares or audits financial reports, […]

Ch. 28: Personal Property and Bailments – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Property: Legally protected rights and interests in anything with an ascertainable value that is subject to ownership.  Real Property […]

Ch. 29: Real Property and Landlord-Tenant Relationships- No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Real property consists of: (1) Land, including the (a) soil and natural structures on the realty’s surface, (b) all of […]

Ch. 29: Real Property and Landlord-Tenant Relationships- No. 11 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) protect against undiscovered defects in title.  Recording Statutes: All states have statutes permitting deeds to be recorded, thereby giving public […]

Ch. 3: Other Organizational Forms For Small Business – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Limited Liability Company (LLC): A hybrid form of business, which is  taxed like a partnership while offering […]

Ch. 3: Other Organizational Forms For Small Business – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Joint Stock Company: A hybrid of a partnership and corporation that  is formed by agreement (rather than […]

Ch. 30: Insurance – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Insurance Policy: A contract in which, for a stipulated consideration, one party (the insurer, or underwriter) agrees to compensate the other (the insured), […]

Ch. 30: Insurance – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Misstatement of Age: Life insurance premiums and benefits may be affected by the age of the insured. As a result, if the insurer […]

Ch. 31: Wills and Trusts – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Will: An instrument a testator prepares, or has prepared, directing how to distribute her property after she dies.  Executor: A […]

Ch. 31: Wills and Trusts – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Trust: An arrangement by which title to property owned by one person (the grantor or settlor) is held by another person […]

Ch. 4: Corporate Formation and Financing – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Corporation: A legal entity formed according to the statutory requirements of its state of incorporation. The corporate entity’s key legal […]

Ch. 4: Corporate Formation and Financing – No. 8 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  De Jure Corporation: A corporation whose articles, while containing some technical defect, substantially comply with the laws of the state […]

Ch. 5: Corporate Directors, Officers, and Shareholders – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  A corporation’s shareholders elect (with voting rights generally in proportion to shares held) a board of directors who (1) […]

Ch. 40: Corporate Directors, Officers, and Shareholders – No. 8 Clarkson et al.’s Business Law (13th ed.)  Shareholders must approve, before the board can implement, any fundamental corporate change, such as  amending the articles of incorporation or by-laws, […]

Ch. 6: Mergers amd Takeovers – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) SHARE EXCHANGE shareholders of the merged corporation receive  Merger: A contractual and statutory process by which one corporation (the surviving corporation) […]

Ch. 7: Securities Law and Corporate Governance – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E) SECURITIES AND EXCHANGE COMMISSION Securities and Exchange Commission (SEC): An independent regulatory agency, created by the Securities Exchange Act of […]

Ch. 42: Securities Law and Corporate Governance – No. 10 Clarkson et al.’s Business Law (13th ed.) The Securities Exchange Act of 1934 regulates brokers, dealers, exchanges, and national securities associations, as well as all corporations (1) whose stock is […]

Ch. 08: Agency Formation and Duties – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Agency: A fiduciary relationship arising when one person (the principal) manifests her consent that another person (the agent) act on […]

Ch. 09: Agency Liability to Third Parties and Termination – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Express Authority: Authority declared in clear, direct, and definite terms, orally or in writing.  Equal Dignity […]

Ch. 09: Agency Liability to Third Parties and Termination – No. 7 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Principals and agents are each liable for their own torts.  In addition, a principal may be […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION The most common forms of business organization are the sole proprietorship and, when two or more persons […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 1. Find out all you can about the franchisor: How long has the franchisor […]

CHAPTER 1: SOLE PROPRIETORSHIPS AND FRANCHISES 17 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in hotel that he believed would be granted an extended franchise when […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in Partnerships and Limited Liability Partnerships INTRODUCTION 1 whole or in part. Chapter 2 The most common forms of […]

CHAPTER 2: PARTNERSHIPS AND LIMITED LIABIITY PARTNERSHIPS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in case to avoid similar disputes include the significance of careful […]

CHAPTER 2: PARTNERSHIPS AND LIMITED LIABIITY PARTNERSHIPS 17 whole or in part. 1. What are the three essential elements necessary (but not necessarily sufficient) to form a part– nership? The Uniform Partnership Act defines a partnership as “an association of […]

1 whole or in part. Chapter 3 Other Organizational Forms for Small Businesses partnership and the limited liability of the corporation are explained, and some of their advantages and disadvantages are spelled out. This chapter also briefly reviews less common […]

CHAPTER 3: OTHER ORGANIZATIONAL FORMS FOR SMALL BUSINESSES 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in A. JOINT VENTURE A joint venture is a relationship […]

CHAPTER 3: OTHER ORGANIZATIONAL FORMS FOR SMALL BUSINESSES 17 whole or in part. Reasons not to apply these principles include that other entities have unique characteristics that these principles might not address and may overlook. 6. What is a joint […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. INTRODUCTION A corporation exists only by statute. Generally, corporations exist only under state law, […]

CHAPTER 4: CORPORATE FORMATION AND FINANCING 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in In Rench v. Leihser, 139 Ill.App.3d 889 (1986), the Appellate Court […]

CHAPTER 4: CORPORATE FORMATION AND FINANCING 19 whole or in part. ANSWER TO “THE ETHICAL DIMENSION” QUESTION IN CASE 4.3 Should the Brennan brothers be held personally liable because they misled their attorneys? Why or why not? Kenyon & Kenyon […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION Sometimes, actions that benefit a corporation as a whole do not coincide with the separate interests of […]

CHAPTER 5: CORPORATE DIRECTORS, OFFICERS, AND SHAREHOLDERS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. the passage of the Sarbanes-Oxley Act, […]

CHAPTER 5: CORPORATE DIRECTORS, OFFICERS, AND SHAREHOLDERS 21 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in shares can be uncertificated. Notice of shareholder meetings, dividends, and […]

28 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in control over the corporation. Unlike trustees, however, directors […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 6 Mergers and Takeovers INTRODUCTION Typically, a corporation extends its operations by […]

8 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. corporate power, and not […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION After the stock market crash of 1929, Congress enacted the Securities Act of 1933, the Securities Exchange […]

CHAPTER 7: SECURITIES LAW AND CORPORATE GOVERNANCE 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. material. And without a requirement of […]

CHAPTER 7: SECURITIES LAW AND CORPORATE GOVERNANCE 21 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 3. Criminal Penalties For violations of […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 8 Agency Formation and Duties INTRODUCTION Up to this point, most of […]

whole or in part. © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in § 304. Statutory designation of secretary of state as agent for service of process […]

CHAPTER 8: AGENCY FORMATION AND DUTIES 17 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in DISCUSSION QUESTIONS 1. Why is agency law essential to the existence […]

1 whole or in part. Chapter 9 Agency Liability to Third Parties and Termination make an agent’s principal liable to a third party only if the agent had authority to make the contract or if the principal ratified, or was […]

CHAPTER 9: AGENCY LIABILITY TO THIRD PARTIES AND TERMINATION 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 12 INSTRUCTOR’S MANUAL FOR […]

18 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in differences in the parties’ contract and tort liability. […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 10 Employment, Immigration, and Labor Law INTRODUCTION Every business student should have […]

CHAPTER 10: EMPLOYMENT, IMMIGRATION, AND LABOR LAW 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ENHANCING YOUR LECTURE—  HOW TO […]

20 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS whole or in part. On the defendants’ appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed the judgment of the lower court. “The judgment of liability was properly […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 11 Employment Discrimination and Diversity INTRODUCTION Only in recent decades have federal […]

CHAPTER 11: EMPLOYMENT DISCRIMINATION AND DIVERSITY 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. The problem of sexual harassment in the […]

20 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in TEACHING SUGGESTIONS 1. Compare your local or state […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 12 The Function and Creation of Negotiable Instruments INTRODUCTION Because the holder […]

10 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in 4. Extension Clause Instruments that include extension clauses […]

1 whole or in part. Chapter 13 Transferability and Holder in Due Course instruments are being negotiated, and notes some common indorsement problems that may arise during the process of negotiation, as well as the consequences of various types of […]

CHAPTER 13: TRANSFERABILITY AND HOLDER IN DUE COURSE 11 whole or in part. © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 12 […]

1 whole or in part. Chapter 14 Liability, Defenses, and Discharge INTRODUCTION This chapter examines the liability of the parties who sign the instrument and the warranty liability of those who transfer instruments and present instruments for payment. You might […]

CHAPTER 14: LIABILITY, DEFENSES, AND DISCHARGE 11 whole or in part. 4. Illegality If a statute makes an illegal transaction voidable, this is a personal defense. 5. Mental Incapacity Any instrument issued by a mentally incompetent person is voidable, and […]

CHAPTER 14: LIABILITY, DEFENSES, AND DISCHARGE 17 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in 10. What is the practical reason for the warranty that a […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 15 Banking in the Digital Age INTRODUCTION Article 3 and Article 4 […]

CHAPTER 15: BANKING IN THE DIGITAL AGE 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. (d) Time period adjustment for withdrawal […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. make it easier to “launder” money obtained through illegal activities? 1. E-Money Issuers’ Financial […]

CHAPTER 15: BANKING IN THE DIGITAL AGE 27 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ENHANCING YOUR LECTURE—  THE UNIFORM […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 16 The Formation of Sales and Lease Contracts INTRODUCTION The Uniform Commercial […]

CHAPTER 16: THE FORMATION OF SALES AND LEASE CONTRACTS 11 whole or in part. packets in at least one e-mail, Hasbro must pay for them. According to the court, the employee’s e–mail alone could be sufficient to satisfy the requirement […]

CHAPTER 16: THE FORMATION OF SALES AND LEASE CONTRACTS 17 whole or in part. 309(1)], the duration of an ongoing contract [UCC 2–309(2), (3)], and the specific shipping arrangements [UCC 2– 311]. accepting an offer to sell 1,000 pounds of […]

1 whole or in part. Chapter 17 Title, Risk, and Insurable Interest question of title from the question of the rights and obligations of buyers, sellers, and others (subsequent purchasers, creditors). Title remains relevant under the UCC in some situations, […]

whole or in part. within a specified time (because they are sold or lost), the sale is finalized. ADDITIONAL BACKGROUND— Sale on Approval and Sale or Return Contract Forms A sale on approval is not a sale until the buyer […]

18 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in 7. For purposes of the entrustment rule, what […]

1 whole or in part. Chapter 18 Performance and Breach buyer and seller under a sales contract. To understand the performance that is required of a seller and a buyer under a sales contract, your students need to know the […]

CHAPTER 18: PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in • Failing to reject within a reasonable […]

CHAPTER 18: PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS 19 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in French company to whom Citibank’s customer owes […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 19 Warranties INTRODUCTION At one time, caveat emptor (“let the buyer beware”) […]

10 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in If warranties are inconsistent— • Express warranties displace […]

1 whole or in part. Chapter 20 Creditors’ Rights and Remedies chapter concerns various rights and remedies available through statutory and common law (other than UCC Article 9) to assist debtors and creditors in resolving their disputes without a debtor’s […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. D. MORTGAGE FORECLOSURE If a borrower defaults, or fails to pay a loan, the […]

CHAPTER 20: CREDITORS’ RIGHTS AND REMEDIES 19 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 2. How does an artisan’s lien work? […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 21 Secured Transactions INTRODUCTION To study this chapter, students should understand two […]

CHAPTER 21: SECURED TRANSACTIONS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. A financing statement is effective for five years from […]

18 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS whole or in part. repossess an automobile, which served as a security for payment of a loan by a debtor, even though the debtor sent a check to the creditor […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION Bankruptcy law is designed to accomplish two main goals: to provide relief and protection to debtors who […]

CHAPTER 22: BANKRUPTCY LAW 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in The Bankruptcy Abuse and Consumer Protection Act (BACPA) of 2005 preempted this decision […]

CHAPTER 22: BANKRUPTCY LAW 21 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CASE SYNOPSIS— Case 22.3: United Student Aid Funds, Inc. […]

CHAPTER 22: BANKRUPTCY LAW 27 whole or in part. keep a job. By 2004, his monthly income consisted primarily of $210 in disability benefits from the Veterans’ Administration. Homeless, under medication, and in debt for $45,000 to Educational Credit Management […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION Previous chapters were concerned primarily with constraints on business arising from court decisions and state statutes. This […]

CHAPTER 23: ADMINISTRATIVE AGENCIES 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ………………….………….………………………….………….………………………….………………..……………. Notes and Questions Should the courts defer entirely […]

CHAPTER 23: ADMINISTRATIVE AGENCIES 17 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in 2. What are the advantages of a long-standing bureaucracy consisting of agencies made […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Many federal and state administrative agencies are focused on what has become a vast […]

CHAPTER 24: CONSUMER LAW 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in • Require companies to send out monthly bills to cardholders twenty-one days before […]

CHAPTER 24: CONSUMER LAW 17 whole or in part. 7. What are some of the tactics that may not be used by collection agencies to collect debts? A collection agency may not (1) contact the debtor at the debtor’s place […]

1 whole or in part. Chapter 25 Environmental Law INTRODUCTION desirability of increasing profits and productivity and the need to attain quality in the environment. This chapter considers some of the major federal environmental laws. CHAPTER OUTLINE to use or […]

CHAPTER 25: ENVIRONMENTAL LAW 11 whole or in part. CASE SYNOPSIS— Case 25.3: Sackett v. Environmental Protection Agency To build a home, Michael and Chantell Sackett filled in part of their lot. The EPA viewed the fill as pollution of […]

CHAPTER 25: ENVIRONMENTAL LAW 17 whole or in part. major pollutants. General guidelines set out requirements for protecting vegetation, climate, visibility, and certain economic conditions. 6. How are the objectives of the Clean Water Act to be accomplished? The Clean […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 26 Antitrust Law INTRODUCTION The basis of antitrust legislation is a desire […]

whole or in part. in about half of the states. © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in CHAPTER 26: ANTITRUST LAW 11 12 INSTRUCTOR’S MANUAL […]

CHAPTER 26: ANTITRUST LAW 21 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 4-75-207 Destruction of competition by price discrimination prohibited. (a) […]

CHAPTER 26: ANTITRUST LAW 29 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in impact of the failure of a firm that was “too big to fail” […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in INTRODUCTION This chapter gives an overview of the standards imposed on accountants and auditors, as well as other […]

CHAPTER 27: PROFESSIONAL LIABILITY AND ACCOUNTABILITY 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. bookkeeping for an audit client, financial systems […]

CHAPTER 27: PROFESSIONAL LIABILITY AND ACCOUNTABILITY 19 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. retrieve, analyze, and report the data that […]

1 whole or in part. Chapter 28 Personal Property and Bailments INTRODUCTION Property consists of the legally protected rights and interests a person has in anything with an ascertainable value that is subject to ownership. Property would have little value […]

CHAPTER 28: PERSONAL PROPERTY AND BAILMENTS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. APPLICATION TO TODAY’S WORLD Although the Armory […]

18 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS whole or in part. person with whom it is reasonable to deal as having full powers? In regard to documents of title the only holder whose possession appears, commercially, to […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 29 Real Property and Landlord-Tenant Law INTRODUCTION This chapter examines the ways […]

CHAPTER 29: REAL PROPERTY AND LANDLORD-TENANT LAW 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. • Possession must be actual and […]

CHAPTER 29: REAL PROPERTY AND LANDLORD-TENANT LAW 21 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in 3. Implied Warranty of Habitability Generally, a landlord must furnish […]

CHAPTER 29: REAL PROPERTY AND LANDLORD-TENANT LAW 27 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in alerted to an issue regarding the sewer system. Corrective actions […]

1 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 30 Insurance INTRODUCTION This chapter discusses topics related to the concept of […]

10 INSTRUCTOR’S MANUAL FOR BUSINESS LAW: COMMERCIAL LAW FOR ACCOUNTANTS © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in a. Liability c. Occupancy Clause Generally, premises must […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in This chapter is concerned with the law related to wills and trusts. On death, title to a decedent’s […]

CHAPTER 31: WILLS AND TRUSTS 11 © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in These include living trusts, joint ownership of property, gifts while one is […]

1 Unit One Focus on Ethics: Business Organizations INTRODUCTION Because all business activities take place in one of the types of business organizations discussed within this unit, all ethical issues relate, in one way or another, to the relationships that […]

1 whole or in part. Unit Two Focus on Ethics: Agency and Employment INTRODUCTION Foremost in the area of agency is the nature of duty. Significantly, most of the duties of principal and agent are negotiable—they can be extended or […]

1 Unit Three Focus on Ethics: Negotiable Instruments INTRODUCTION Articles 3 and 4 of the Uniform Commercial Code (UCC) reflect two fundamental ethical principles: (1) that individuals should be protected against harm caused by the misuse of negotiable instruments and […]

1 Unit Four Focus on Ethics: Domestic Sales and Lease Contracts INTRODUCTION This Focus on Ethics feature highlights some ethical issues that have emerged in the application of sales and lease law. Transactions involving sales of goods constitute a major […]

1 Unit Five Focus on Ethics: Creditors’ Rights and Bankruptcy INTRODUCTION Today, debtors are in a more favorable position than when debtors’ prisons existed. A debtor may accuse a creditor of fraud, negligence, breach of contract, breach of the duty […]

1 Unit Six Focus on Ethics: Government Regulation INTRODUCTION This Focus on Ethics feature looks at selected examples of some of the ways in which government regulation reflects the trade-offs that society has been willing to make in the interests […]

1 Unit Seven Focus on Ethics: Property and Its Protection INTRODUCTION The legal structures that support our ideas about property are crucial to the continuation of the basically capitalist economic system in which we live. Private property is at the […]

Ch. 22: Bankruptcy Law – No. 1 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Liquidation: The sale of all nonexempt assets of a debtor and distribution of the proceeds to the debtor’s creditors, pursuant to Chapter […]

Ch. 22: Bankruptcy Law – No. 11 Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)  Power to Possess: The trustee may require persons holding the debtor’s property when the debtor files her bankruptcy petition to deliver the […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 1 SOLE PROPRIETORSHIPS AND FRANCHISES If the law required franchisors to provide estimates […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 2 PARTNERSHIPS AND LIMITED LIABILITY PARTNERSHIPS ANSWERS TO QUESTIONS AT THE ENDS OF […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 3 OTHER ORGANIZATIONAL FORMS FOR SMALL BUSINESSES 1A Might there be any repercussions […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 4 CORPORATE FORMATION AND FINANCING 1 ANSWERS TO QUESTIONS AT THE ENDS OF […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 5 CORPORATE DIRECTORS, OFFICERS, AND SHAREHOLDERS ENVIRONMENT (PAGE 83) Many businesspersons believe that […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 6 MERGERS AND TAKEOVERS 1 ANSWERS TO QUESTIONS AT THE ENDS OF THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 7 SECURITIES LAW AND CORPORATE GOVERNANCE ANSWERS TO QUESTIONS AT THE ENDS OF […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 8 AGENCY FORMATION AND DUTIES 1 ANSWERS TO QUESTIONS AT THE ENDS OF […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 9 AGENCY LIABILITY TO THIRD PARTIES AND TERMINATION ENVIRONMENT (PAGE 155) If an […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 10 EMPLOYMENT, IMMIGRATION, AND LABOR LAW 1A. Employees meeting around the water cooler […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 11 EMPLOYMENT DISCRIMINATION AND DIVERSITY ANSWER TO CRITICAL THINKING QUESTION IN THE FEATURE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 11–5A. BUSINESS CASE PROBLEM WITH SAMPLE ANSWER—Retaliation by employers Yes. Dawson could establish a […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 12 THE FUNCTION AND CREATION OF NEGOTIABLE INSTRUMENTS 1 ANSWER TO CRITICAL THINKING […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 13 1 TRANSFERABILITY AND HOLDER IN DUE COURSE ANSWERS TO QUESTIONS AT THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 14 LIABILITY, DEFENSES, AND DISCHARGE ANSWERS TO QUESTIONS AT THE ENDS OF THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 15 BANKING IN THE DIGITAL AGE ANSWER TO CRITICAL THINKING QUESTION IN THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 16 THE FORMATION OF SALES AND LEASE CONTRACTS 307) Some argue that if […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 17 TITLE, RISK, AND INSURABLE INTEREST Why might marketing managers of large retail […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 18 PERFORMANCE AND BREACH OF SALES AND LEASE CONTRACTS 1A. Under what circumstances […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 19 WARRANTIES ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 19.1—QUESTIONS […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 20 CREDITORS’ RIGHTS AND BANKRUPTCY 1 ANSWER TO CRITICAL THINKING QUESTION IN THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 21 SECURED TRANSACTIONS ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 22 BANKRUPTCY LAW ANSWER TO CRITICAL THINKING QUESTION IN THE FEATURE INSIGHT INTO […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 23 ADMINISTRATIVE AGENCIES 1 ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 24 CONSUMER LAW ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 25 ENVIRONMENTAL LAW ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 26 ANTITRUST LAW ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 27 PROFESSIONAL LIABILITY AND ACCOUNTABILITY 1A. To what extent must professionals reveal to […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 28 PERSONAL PROPERTY AND BAILMENTS ANSWERS TO QUESTIONS AT THE ENDS OF THE […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 29 REAL PROPERTY AND LANDLORD-TENANT LAW 1 ANSWERS TO QUESTIONS AT THE ENDS […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 30 INSURANCE ANSWERS TO QUESTIONS AT THE ENDS OF THE CASES CASE 30.1—QUESTIONS […]

© 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 31 WILLS AND TRUSTS 1 ANSWER TO CRITICAL THINKING QUESTION IN THE FEATURE […]

1 UNIT 1 BUSINESS ORGANIZATIONS ANSWERS TO LEGAL REASONING QUESTIONS 1. Three decades ago, corporations and corporate directors were rarely prosecuted for crimes, and penalties for corporate crimes were relatively light. Today, this is no longer true. Under the corporate […]

1 in whole or in part. UNIT 2 AGENCY AND EMPLOYMENT ANSWERS TO LEGAL REASONING QUESTIONS 1. How much obedience and loyalty does an agent-employee owe to an employer? What if the employer engages in  an activity—or requests that […]

1 UNIT 3 NEGOTIABLE INSTRUMENTS ANSWERS TO LEGAL REASONING QUESTIONS 1. What do you think would result if the law was changed to allow personal defenses to be successfully raised against HDCs? Who would lose, and who would gain? How […]

1 UNIT 4 DOMESTIC SALES AND LEASE CONTRACTS ANSWERS TO LEGAL REASONING QUESTIONS 1. How can a court objectively measure good faith and commercial reasonableness? The concepts of good faith and commercial reasonableness permeate the UCC and help to prevent […]

1 in whole or in part. UNIT 5 CREDITORS’ RIGHTS AND BANKRUPTCY ANSWERS TO LEGAL REASONING QUESTIONS 1. Do you think that the law favors debtors at the expense of creditors or vice versa? Is there any way to achieve […]

1 in whole or in part. UNIT 6 GOVERNMENT REGULATION ANSWERS TO LEGAL REASONING QUESTIONS 1. Should TV programmers and distributors be held in violation of the Sherman Act for requiring consumers to buy multichannel packages? Why or why not? […]

1 UNIT 7 PROPERTY AND ITS PROTECTION ANSWERS TO LEGAL REASONING QUESTIONS 1. A Facebook game, FarmVille, allows members to manage virtual crops together. Would there be any benefit in being able to pass on to one’s heirs “the fruits […]

When a negotiable instrument contains the notice required under FTC Rule 433, a consumer can bring any defense to payment that he or she has against the seller of a product against a subsequent holder as well. The alter-ego theory […]

For property insurance, the insurable interest must exist when a policy is purchased. If a great degree of skill is required, this may indicate that a person is an employee hired for a specialized job and not an independent contractor. […]

Rita believes that Shady Grove Apartments, Inc., her landlord, has violated the law in a way that entitles her to withhold the rent. This remedy is generally associated with a. adverse possession. b. breach of the implied warranty of habitability. […]

Anything that an agent obtains by virtue of the employment or agency relationship is his or hers to keep. In sales law, a warranty is an assurance by the seller or lessor about the quality and features of the goods […]

According to the terms of Diego’s will, specific gifts are made, and taxes and other es- tate expenses and debts are paid. The assets of Diego’s estate that remain are most likely to be distributed a. by codicil. b. holographically. […]

Under a life insurance policy, in the absence of contractual exclusion, any cause of death is one of the insurer’s risks. Under the fictitious payee rule, the payee’s indorsement is not treated as a forgery, and an innocent holder can […]

Kip opens an account at a Lotsa Goodies Store, and buys a digital music player and other items, but makes no payments on the account. To collect the debt, Mako, the manager, contacts Kip’s parents. This violates a. no federal […]

Dorothy files a petition for bankruptcy in bankruptcy for relief through an individual’s repayment plan. If she is granted a discharge, debts that will most likely be discharged include a. claims not provided for by the plan. b. payments on […]

The duration of a franchise is a matter determined by federal or state statutes. A franchisor can suggest retail prices for the goods that a franchisee sells but cannot mandate them. Answer: T A limited liability company must be managed […]

Drill Makers, Inc., and Edge Mine & Mill Supply Stores enter into a contract for a sale of mining drill bits. The contract indicates that the price includes transportation costs to a specific destination by including the term a. C.I.F. […]

On May 1, Newtown Motors, a used-car dealer, wrote a letter to O”Reilly, which stated, “We have a 1969 Pontiac Firebird in mint condition that we will sell you for $12,500 at any time before June [Signed] Newtown Motors.” By […]

An instrument that promises to pay “in goods” can be negotiable. Liability can be imposed on those who are negligent in not discovering fraud in connection with a registration statement or prospectus. Answer: T Few laws directly apply to the […]

An exclusive-dealing contract is an agreement in which a seller agrees not to sell to a buyer’s competitors. The state cannot dissolve a corporation under any circumstances. Answer: F An agency relationship created for a purpose that is contrary to […]

In a share exchange, some or all of the shares of one corporation are exchanged for the shares of another, and both corporations cease to exist. Market power is the ability of a firm to enter a given market. Answer: […]

Odell, an accountant, prepares for Pronto Tacos Corporation a financial statement that omits a material fact. The financial statement is included in Pronto Tacos’s registration statement, which Qiana reads. Qiana buys Pronto Tacos stock. Under Section 11 of the Securities […]

Donald approves on behalf of Evelynbut without authorizationa contract with Farouk to build a new silo. Evelyn does not ratify the contract. The deal with Farouk is a. an enforceable contract with Donald. b. a voidable contract. c. an enforceable […]

The U.S. Small Business Administration issues a new regulation that will have a significant impact on a substantial number of small businesses. Under the Regulatory Flexibility Act, the agency must do all of the following except a. measure the cost […]

Diderot’s accountant is Esteban and his attorney is Figaro. All states protect, as privileged information, Diderot’s communications with a. Esteban and Figaro. b. Esteban only. c. Figaro only. d. none of the choices. Cruz, a sugar cane farmer in Brazil, […]

Luke and Maya form Northwest Air Express, a general partnership. The essential elements of this partnership do not include a. a sharing of profits and losses. b. a joint ownership of the business. c. an equal right to management in […]

Maxi Retail Corporation is subject to a decision by the National Labor Relations Board. Maxi Retail appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision a. followed a consideration of legally appropriate factors. […]

GR8 Stores, Inc., hires Haul-Way Company, a common carrier, to transport 500 Intelo Game consoles from San Diego to Phoenix. En route, a pothole causes the truck to crash, damaging the goods. Liability for the damage most likely rests with […]

Mythic Games Company employs two hundred workers full-time. If Mythic Games plans to have a mass layoff, it must provide its employees with notice of at least a. thirty days. b. sixty days. c. ninety days. d. one year. Online […]

Under federal law, the calorie content of the food on a menu must be posted by Organic Mix, LLC, if Organic Mix is a. a restaurant chain with twenty or more locations. b. a food distributor with twenty or more […]

Commerce & Business Insurance, Inc., has a valid reason to cancel a policy issued to DIY Auto & Truck Parts Company. In most states, Commerce & Business could cancel the policy a. on advance oral or written notice. b. on […]

Marcos buys a pneumatic drill from NuTools, Inc. Owen leases a table saw from Piecework Tools Sales & Lease Company. Later, Marcos and Owen become aware of defects in the goods that indicate breaches of warranty. An action for breach […]

Title VII of the Civil Rights Act of 1964 prohibits job discrimination against majority group individuals, such as white males. The parties to a sales or lease contract can expressly provide for remedies in addition to those provided in the […]

To borrow money to finance the start-up of his business, Rollo executes an instrument in favor of Security Bank. For the instrument to be negotiable, the signature must be a. anywhere on the instrument. b. anywhere on the lower half […]

Presentment warranties cannot be disclaimed with respect to checks. Metal Smelting & Foundry Inc.’s complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the complex night and day. Neal and other residents […]

A bank may not charge a postdated check against a customer’s account unless the customer notifies the bank, in a timely manner, to pay the check before the stated date. Perfection is usually accomplished without filing a financing statement. Answer: […]

Implied warranties can arise from a “usage of trade.” The clerk of a bankruptcy court must provide consumer-debtors with information on the types of services available from credit counseling agencies. Answer: t Veronica is a repairperson for Wind Power Company. […]

A resulting trust arises from the conduct of the parties. Town Loan Center agrees to loan Sara $1,500, accepting as collateral her car. They put their agreement in writing and sign it. Sara keeps possession of the car. Does Town […]

As the beneficiary of a business trust, Kevin’s liability for trust debts and obligations is a. limited to his capital investment in the trust. b. limited to his personal assets. c. nothing. d. unlimited. Arnie is a member of Bowling […]

Disc & Shoe Brakes Corporation, a brake manufacturer, sells its products to Eastside Motors, a retailer, at lower prices than it charges Fast Brake, a competitive retailer. This price discrimination is legal a. under any circumstances. b. unless its effect […]

Lakeside Resort hires Micheline to act as its agent to buy a 1,000-acre waterfront tract of land from Nabil for $1,000 per acre. Lakeside does not want Nabil to know that it is the principal or that Micheline is its […]

A joint effort by businesspersons to obtain legislative action can be exempt from the antitrust laws. If a buyer breaches a contract, the seller can choose to simply cancel the contract. Answer: T Preemptive rights permit a director to veto, […]

The roof in Rosalyn’s house springs a leak. She contracts with Shelter Roofing & Restoration Company to repair the roof and fix the damage to the house. Rosalyn pays 10 percent of the price in advance. Shelter Roofing does the […]

Burst-o”-Flavor Burger Restaurant Corporation merges with Chick-E Chicken Franchise Corporation, with Burst-o”-Flavor absorbing Chick-E Chicken. After the merger a. a different, new entity is the surviving corporation. b. Burst-o”-Flavor and Chick-E Chick”n are both surviving corporations. c. Burst-o”-Flavor is the […]

A partner may pursue his or her own interests without automatically violating the partner’s fiduciary duties to the partnership and the other partners. Intentional discrimination by an employer against an employee is known as disparate-treatment discrimination. Answer: T An agent […]