Review Case 8.1: Walmart Stores, Inc. v. Samara Brothers, Inc. Summarize the facts associated with Walmart Stores, Inc. v. Samara Brothers, Inc. Samara Brothers, Inc., the respondent in this case is an organization that designs and manufactures children's clothing. Samara Brothers, Inc., focal products focus on spring or summer one-piece seersucker clothing decorated with appliques of hearts, flowers, fruits and other stuff to attract children. In addition, there are a number of other chain stores, such as JCPenney that sell this line of outfits under contract with Samara Brothers, Inc.(Vana, 2012), on the other hand, we have the petitioner Wal-Mart Stores, Inc., described as the nation's paramount known retailers, which deals in among other products children's clothing (Vana, 2013). This organization, Wal-Mart Stores, Inc., contracted with one of its suppliers in 1995, Judy-Philippine, Inc., to manufacture a variety of children's clothing for sale during the 1996 spring/summer time. In order for Wal-Mart and Judy-Philippine to honor their deal, Wal-Mart sent photographs of several costumes from Samara's line of products to Judy-Philippine, on which Judy-Philippine outfits were to be based (Vana, 2013). However, Judy-Philippine accordingly copied, with only minor alterations 16 of Samara's clothing's many of which had copyrighted elements. In addition, Wal-Mart sold the products in 1996 generating more than 1.15 million dollars in gross profits (Vana, 2013). In the same
The shopkeeper’s privilege does not protect Walmart from liability under the circumstances of the case. Although Navarro had the right to exercise shopkeeper’s privilege, Navarro had not enough evidence to consider Cockrell as a suspect and it is not reasonable that Navarro asked Cockrell to take off the bandage. According to the merchant protection statutes, merchants can stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for the suspicion, (2) suspects are detained for only reasonable time, and (3) investigations are conducted in a reasonable manner (Cheeseman, 2015, P.87). Navarro was not fulfilled for the third condition because the investigation is unreasonable on putting the suspect in a risk of death. Since there was a risk of bacterial infection and it may cause death after the wound area exposed under the air, Navarro should
Facts: Defendant (Kmart) allegedly failed to provide to plaintiff (Lopez) the written wage statements. The availability of the wage statements is required under California labor code. Under the agreement, employment-related issues between the employee and company shall be resolved informally or by binding arbitration. This replaces the right of either party to go to court or have a jury decide the outcome of the claims. Lopez alleges that the agreement was never valid due to the fact that he was a minor when he acknowledged the agreement and is now entitled to revoke his consent.
Question 1: What were the rights of Walmart, the employer, during these two organizing drives?
Sears and Wal-Mart are both nationwide retailers, but their similarities are only skin deep. Sears started to lose its dominance in the early 1980s. In an attempt to boost the dwindling market share, Sears started to issue proprietary Sears Card, which gave customers payment flexibilities. A new slogan focusing on the "softer side of Sears", and a revised product mix, were created to appeal to the middle-class female shoppers.
Is Wal-mart the ideal store to shop it? Austrian economic and business professional Karen De Coster and banker Brad Edmonds believe that Wal-mart improves the lives of people in rural areas because it gives them access to a lifestyle that they would not have if Wal-mart did not exist.
In the case of Sam vs. Quinn, his landlord, and the national chain store. Sam is who is working on a great innovation, a device that sounds like a barking dog that will help assist in the safety and welfare of others. Several months ago, Sam hit the jackpot that would change his life and landed in a verbal contract to sell 1000 units to a national chain store. However, this young inventor has been mass producing this product from his place of residence, his apartment, own by Mr. Quinn. Sam arrives home one day to find two letters, one from the chain store demanding the 1000 units be delivered immediately. The other was an eviction notice from Mr. Quinn stating that his barking machine has been pestering the other tenants and that Sam was not supposed to be conducting business from his apartment. Sam is furious at both situations and decides to pro-sue the matters. Therefore, before the court can rule on these cases, the court should determine the various elements whether there is a valid contract, a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam’s claims.
Yes, the plaintiff properly filed the complaint within the time period of three-year statute of limitations required by the state of South Dakota, to sue against Walmart, Inc. For this reason the plaintiff have the litigation to sue Walmart for the defective design and the trauma the plaintiff suffered when the toy watercraft exploded it. Therefore, the Walmart assistant manager Josh Hehn, who were physically available at the time of service need to respond to the court order to appear in court to answer the complaint made by the plaintiff. In addiction, the Walmart designated agent, who accept service of process for South Dakota lawsuit, need to answer the allegations
It is impossible to beat a cheap price. In today’s world, finding a sought after item at a dirt cheap price is one the main motivation American’s get in the car and battle the craziness in the mall. And as the basic American human beings that we are, it is never possible for us to be complacent with the amount of stuff we currently have. Eventually, we will come across a friend that has the next must have item that will cause us to run to our local mall and purchase a similar item at the lowest price possible. With all that said, it is no wonder why the industry of fast fashion has taken off over the past decade. Felipe Caro and Victor Martínez-de-Albéniz, researchers for UCLA’s school of supply chain coordination, define fast fashion as “a business model that combines four elements: (i) fashionable clothes mostly for consumers under 40; (ii) affordable prices in the mid-to-low range; (iii) quick response; and (iv) frequent assortment changes”. Retailers like H&M, Forever 21, Target, and Wal-Mart have been able to take this business model and make a fortune. But while all these quick trends and cheap prices are great for the consumer, its cost on the foreign worker and the environment does not go uncovered. In the book Overdressed by Elizabeth Cline, she presents many arguments supporting the claim that fast fashion is unethical based on
Very quickly, I still think the answer is no. Assuming the officer was responding to an emergency and entering unannounced and unescorted, I believe he should have anticipated the guard dog as a possibility. Were there “Beware of Dog” signs or any similar warnings? If yes, then he definitely should have anticipated it. Plus, I would think that officers are trained to anticipate a guard dog or other similar dangers when entering a premise, especially if unannounced or unescorted. However, if the owner escorted the officer in or invited him in and did not warn the officer of the dog, then he could state a claim.
One strategy ModCloth could undertake would be to align their brand with Jet.com and away from WalMart. WalMart owned e-commerce site Jet.com has a selection of fashion merchandise on its website that is within the same price range as ModCloth, as well recognized brands who are not associated with WalMart. Theory and Calvin Klein are available on the site and have not received backlash by consumers through this association with WalMart.(2) To keep current customers ModCloth should not allow their brand to be sold in WalMart stores or on WalMart.com. While Jet.com is owned by WalMart it doesn’t have the same image of employee mistreatment or environmental damage. A Google search of “Jet.com scandal” had a top result of a link to Jet.com for
I spoke with the complainant who stated she went into Walmart to get a few items. She stated upon her return, she noticed someone hit her mother Yukon truck. Officers spoke with her mother via telephone who wished to have a white 309 form. Officers issued the complainant a white form. No further actions were
District Court for the Northern District of California granted class certification, potentially making Wal-Mart liable for any acts of discrimination of 1.6 million of their current and former female employees. As this case continued to move forward, the plaintiffs alleged that these practices were consistent between every store of Wal-Mart Stores Inc. and in return, they sought “class-wide injunctive and declaratory relief, lost wages, and punitive damages.” The defendant fought this class certification, stating that each member of the class should file individual litigation. Wal-Mart Stores Inc. claimed that, “the size of the class made it impossible to manage and increased the costs
Before the lawsuit was filed by California residents, news came out in 2014, reporting Nestlé supported Thai supplier that uses slave labor, and the Fancy Feast cat food was the product of slave labor (Urbina, 2014). After the re-emergence of the problem, the company was immediately immersed in public opinion eddy. Besides the huge influence of the company, another reason that this lawsuit case had got much attention is that this case was reported one week after another lawsuit against Costco Wholesale Corp., which was accused of selling farmed shrimp from a Thailand supplier that also has slave labor and human trafficking problem (Burnson & Pettersson, 2015).” Seems like these problems in Thailand fishing industry were widespread,
The answer will be 1 .34 . this is a good sign that the company will be able to pay its obligations when they fall due . Based on both current ratios above , Sears company has a better current ratio at 1 .94 when compared with the current ratio of Walmart of only 1 .34 .B Sears Acid Test ratio Quick Assets 20201 1 .279354 Current Liabilities 15790 The quick assets are arrived at by adding the cash , cash equivalents ,receivables and marketable securities . The quick ratio is arrived at dividing the quick assets for the year 2007 of 20 ,201 . The quick ratio is 1 .28 times .Walmart Acid Test ratio Quick Assets 2423 0 .167566 Current Liabilities 14460 The quick ratio here is arrived at by dividing the quick assets of 2 ,423 for the year 2007 by the current liabilities amounting to 14 ,460 for the same year . The acid test ratio or quick ratio is .17 Based on the above data , Sears has a better quick ratio with its higher rate of 1 .28 as compared to the quick ratio or acid test ratio of Walmart at only .17 .C SOLVENCY LEVERAGE RATIOS Ability to pay long term obligations Sears 38700 The ratio of .85 . This shows that the company will be able to pay its obligations when the time of payment arrives .Walmart 45384 The Walmart will be able to pay its obligations when they
Can a class be made up of more than one million women under a single employer all over the United States? In 2001 female employees at Walmart filed a class action sex discrimination law suit against Walmart stores in the district court of Columbia. The case talks about discrimination going on in the workplace a group of woman who were discriminated by their gender. Betty Dukes and five other woman were being discriminated they were under paid and denied advancement opportunities. The allegation were that the company’s policy resulted in worldwide discrimination. Walmart was promoting more men than woman this is against EEO policies and it’s called the glass ceiling. In 2001 1.5 million female workers sued Walmart for sex discrimination. The US Supreme Court didn’t like the female workers to sue all at once so the court ask for them to do it individually or in to groups. (Bloomberg Law, .2011.)