Case Summaries Legal Envi. of Business

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

Before the court can exercise personal jurisdiction or the lawsuit can began against Playskool Inc., the court must have proof that the defendant was notified of court lawsuit. When formally

In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

The Law Offices of Luks, Santaniello, Petrillo & Jones, appearing specially on behalf of Norman Henson, Jr. and without waiving jurisdiction in the instant matter files this Motion to Quash Service of Process in Response to Plaintiff’s Motion for Default and in support thereof states the following:

In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.

Please answer the questions posed at the end of each case study in essay form.  Each essay will be judged on your capacity to present strong, logical discussions that support your conclusions.

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

On 08/18/2015, Barbara Feeman contacted Pasco Sheriff`s Office by telephone to report a Petit Theft.

A) If tom finalized the loan agreement before the partnership is formed, he is negotiating the agreement on behalf of him personal. According to Georgia law, an agreement becomes enforceable when there is a meeting of parties’ minds “at the same time, upon the same subject matter, and in the same sense.” Cox Broadcasting v. National Collegiate Athletic Ass'n, 250 Ga. 391, 297 S.E.2d 733, 737 (1982). The letter of intent before the partnership formation was not applied under I.R.C §721 to be an exchange of property and Tom would have to recognize a gain in exchange of partnership interest. Also, if he negotiated the letter of intent to get a loan for the partnership because of his experience in the real estate business, he is rendering a

Sunday, January 22nd, 2017 Homicide Detectives J.T. Hall conducted a follow up interview with Pamela Blackshire and her husband. During the interview Mr. Blackshire stated he had located a phone receipt in his son’s room. The victim’s father gave Detective J.T. Hall the receipt he had located in his son’s room. The receipt was for a T-Mobile account. The account number is 957908416. The receipt was dated December 31st, 2016 and had the victim’s name and address on the receipt. The phone number on the account is (910) 977-9926.

A product was bought from a company named Tools R Us, which solely operates in Columbus, Ohio, by an individual who was traveling through. A week later the individual was operating the tool, when it malfunctioned an injured the individual. When the tool malfunctioned the individual decided to file a lawsuit against Tools R Us. The individual selected to file that lawsuit in his hometown of Kent County. The individual demands that the Kent County court brings up Tools R Us from Ohio for a lawsuit. Tools R Us, objected to the lawsuit in Kent County, since they don’t have jurisdiction over them. Also, they believe that they do not have minimum contacts with the state of Michigan.

In proving there was indeed a breach of duty of care, the Defendant must not have provided services that are within the professional standard of that occupation to the Plaintiff. Strictly speaking, Bank of Stars must prove that Young & Brobeck, LLP. did not perform at a professional standard level of a reputable certified public accountant and as for the evidence, the accounting principles that are stated within the Generally Accepted Accounting Principles could be used to verify their wrongful actions. For instance, in the case of Curtis W. Bily, et al Plaintiffs and Respondents, v. Peat Young & Company, Defendant, the defendant found a lot of obscure liabilities but the company did not report the disadvantages and made untruthful statements about their client’s financial

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

In 2001 Plaintiff Nicastro lost his hand when he was operating metal recycling machine when his hand was caught in the blades. “The machine was built by McIntyre Machinery UK, and it was sold by McIntyre Machinery USA. McIntyre Machinery is an independent company who went bankruptcy in 2001”. “The overseas manufacturer J. McIntyre stated that it did not have satisfactory minimum contacts with New Jersey to justify the state’s practice of personal jurisdiction”. It did not place the machine into the stream of market directed towards New Jersey, denied marketing the machine in this state, and did not have any contacts or bonds here. (It had attended various trade shows and conventions in cities throughout the U.S. but never in New Jersey.) J.