missed blaw
Bev works for Construction Inc. While working on a Construction project, Bev is injured. Under state workers' compensation laws, she can successfully sue her employer to recover for the injury only if it was
intentional.
a business necessity defense.
a retaliation claim.
Sweetleaf Company bottles and sells maple syrup from its plant in Vermont. On the labels is a logo that states "100% Genuine New England Maple Syrup Certified by the Northeast Maple Syrup Harvesters Association." This logo is
a service mark.
Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a
a service mark.
Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café' employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for
fraud.
Kyla replaces Lomax in his job at Motor Vehicle Manufacturing Corporation (MVMC). Refer to Fact Pattern 21-2. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply
Kyla must be forty years of age or younger.
RiteMade Machinery, Inc.,designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided
RiteMade's design is patented.
Laura is the only female employee in the maintenance department of Motor Vehicle Sales & Service Inc. Her supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is
a constructive discharge on the basis of gender discrimination.
Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is
a license.
Aircraft Corporation employs aircraft mechanics, computer programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except
aircraft mechanics.
ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider
an available alternative design.
Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for
appropriation
The brakes on Ned's Overland truck malfunction, but he continues to drive it. Unable to slow down, he crashes through a guardrail and careens off the road. In Ned's suit against Overland, the truck maker can raise the defense of
assumption of risk.
Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is
disparate-impact discrimination.
Mary applies for a job with Northern States Oil Company. Northern States does not hire her because of her ethnicity, or national origin. This is.
disparate-treatment discrimination.
Price-Cut Discount stores may subject its employees to lie-detector tests when investigating
losses attributable to theft.
Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is
not fraud.
Resort Hotel Company replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a primafacie case, she must show, among other things, that she is
qualified for the position.
Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is
the cause in fact.
MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and
the omission of a warning renders the pacemaker not reasonably safe
Benny files a suit in a federal district court against the state of California, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that
the state is immune from the suit.
HVAC Services Inc. employs two hundred workers. Workers who lose their jobs with HVAC may have a right to continued health-care coverage under the company's group plan. If so, the premiums for the continued coverage are paid by
the unemployed workers.
Creation Worx, Inc., develops, makes, and markets new computer programs for businesses and consumers. Generally, copyright protection extends to
those parts of the software that can be read by humans.
From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to
traffic in counterfeit packaging.
As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed
trespass to personal property
Emily, an employee of Farm Supplies, Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by
Emily.
In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that You Answered
Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation.
Solar Panels Corporation requires its employees to have a high school diploma, claiming a connection between a high school education and job performance. In a suit against Solar under Title VII of the Civil Rights Act, this is shown to have a discriminatory effect. Solar has
a business necessity defense.
Lenny works for Mechanical Engineers, P.A. While working on a Mechanical Engineers project, Lenny is injured. Under state workers' compensation laws, Lenny will be compensated only if his injury was
accidental.
Rachel, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on
age.
Ivy is an alcoholic who has completed a supervised substance-abuse rehabilitation program. Jerold is morbidly obese. Kim has heart disease. Considered to have a disability under the Americans with Disabilities Act is
all of the choices.
Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for
conversion.
Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of
knowledgeable user.
Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover
nothing.
Small Enterprise LLC is sued by its sole employee Tomas, who alleges job discrimination in violation of the Uniformed Services Employment and Reemployment Act. This law applies to employers with at least
one employee.
Gina works for FasTite Tool Company. The employer's discharge of Gina outside the terms of an implied employment contract may result in
the employer's liability for breach of contract
Lucy retires from her job as an office manager for Medical Clinic, P.A. With respect to her pension benefits, federal law provides for
timely and uninterrupted payment of private pension benefits.
The idea for "Price + Profit," an app that businesses can use to track their revenue, profit, and payroll, is protected by
trade secrets law.
