Abbott Laboratories licensed SmithKline Beecham Corp. to sell an Abbott human immunodeficiency virus (HIV) drug. Abbott then increased the wholesale price of its drug. This forced SmithKline to increase its price and thereby drove business to Abbott, which continued to sell its product at a lower price. SmithKline filed a suit in a federal district court against Abbott, alleging breach of contract. During jury selection, Abbott eliminated the only self-identified gay person among the potential jurors. Could the equal protection clause be applied to prohibit discrimination based on sexual orientation in jury selection? Discuss.
> Dennis Wallace was a deputy sheriff for Stanislaus County, California, when he injured his left knee. After surgery, he was subject to limits on prolonged standing, walking, and running. The county assigned him to work as a bailiff. The sergeants who sup
> Why is it necessary to determine where the line between state and national powers lies?
> What is the common law?
> SDBC Holdings, Inc., acquired Stella D’oro Biscuit Company, a bakery in New York City. At the time, a collective bargaining agreement existed between Stella D’oro and the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local
> New Houston Gold Exchange, Inc., (HGE) issued a $3,500 check to Shelly McKee to buy a purportedly genuine Rolex watch. The check was postdated—that is, assigned a date later than the actual one. McKee indorsed the check and presented it to RR Maloan Inve
> Jefferson Partners entered into a collective bargaining agreement (CBA) with the Amalgamated Transit Union. Under the CBA, employees had to either join the union or pay a fair share— 85 percent—of union dues, which were used to pay for administrative cos
> William Moore owned Moore Enterprises, a wholesale tire business. William’s son, Jonathan, worked as a Moore Enterprises employee while he was in high school. Later, Jonathan started his own business, called Morecedes Tire. Morecedes regrooved tires and
> Kindred Nursing Centers East, LLC, owns and operates Whitesburg Gardens, a physical rehabilitation facility in Huntsville, Alabama. Lorene Jones was admitted to the facility following knee-replacement surgery. Jones’s daughter, Yvonne Barbour, signed the
> Michael Scotto borrowed $2,970 from Cindy Vinueza. Both of their signatures appeared at the bottom of a note that stated, “I, Michael Scotto, owe Cindy Vinueza $2,970 (two thousand and nine-hundred-andseventy dollars) and agree to pay her back in full. S
> Euro International Mortgage, Inc. (EIM), held two accounts—Account 9378 and Account 3998—at Bank of America. Ravi Kadiyala was an authorized signatory on Account 9378 but not on Account 3998. Through EIM, Kadiyala obtained a username and password to gain
> Guillermo and Guadalupe Albarran and their sons, Ruben and Rolando, owned R. Cleaning Impact, Inc. (RCI). Neresh Kumar owned Amba II, Inc., a check-cashing business. The Albarrans cashed checks through Amba on a regular basis, often delivering a stack of
> Ethicon, Inc., entered into an agreement with UPS Supply Chain Solutions, Inc., to transport pharmaceuticals. Under a contract with UPS’s subsidiary, Worldwide Dedicated Services, drivers were provided by International Management Services Co. During the
> Eligio Gaitan borrowed the funds to buy real property at 4520 W. Washington St. in Downers Grove, Illinois, and signed a note payable to Encore Credit Corp. Encore indorsed the note in blank. When Gaitan defaulted on the payments, an action to foreclose
> Is a constitutional right to privacy express or implied?
> James McCoy held a credit card issued by Chase Bank USA, N.A. McCoy’s cardholder agreement with Chase stated that he would receive preferred rates (lower interest rates) if he met certain conditions, such as making at least the required minimum payment w
> Zakia Mashiri owns a home in San Diego, California. She is a member of the Westwood Club Homeowners’ Association (HOA), which charges each member an annual fee. When Mashiri failed to pay the fee, the law firm of Epsten Grinnell & Howell sent her a lette
> On Interstate 40 in North Carolina, Carroll Jett became distracted by a texting system in the cab of his tractor-trailer truck and smashed into several vehicles that were slowed or stopped in front of him, injuring Barbara Durkee and others. The injured
> Charity Bell bought a used Toyota Avalon from Awny Gobran of Gobran Auto Sales, Inc. The odometer showed that the car had been driven 147,000 miles. Bell asked whether it had been in any accidents. Gobran replied that it was in good condition. The partie
> Woodridge USA Properties, LP, bought eighty-seven commercial truck trailers from Southeast Trailer Mart, Inc. (STM). Gerald McCarty, an independent sales agent who arranged the deal, showed Woodridge the documents of title. They did not indicate that Woo
> M.C. and Linda Morris own a home in Gulfport, Mississippi, that was extensively damaged in Hurricane Katrina. The Morrises contracted with Inside Outside, Inc. (IO), to rebuild their kitchen. When the new kitchen cabinets were delivered, some defects wer
> Aleris International, Inc., signed a contract to buy a John Deere loader from Holt Equipment Co. The agreement provided that “despite physical delivery of the equipment, title shall remain in the seller until” Aleris paid the full price. The next month,
> James McCoolidge, a Nebraska resident, saw a used Honda Element for sale online. He contacted the seller, Daniel Oyvetsky, who offered to sell the vehicle for $7,500 on behalf of Car and Truck Center, a dealership in Nashville, Tennessee. McCoolidge paid
> Arnold Kazery was the owner of a hotel leased to George Wilkinson. The lease included renewal options of ten years each. When Arnold transferred his interest in the property to his son, Sam, no one notified Wilkinson. For the next twenty years, Wilkinson
> Kendall Gardner agreed to buy from James Bowen and Richard Cagle—doing business as B&C Shavings—a specially built shaving mill to produce wood shavings for poultry processors. B&C sent an invoice to Gardner reflecting a purchase price of $86,200, with a
> What does “equal protection” mean?
> New England Precision Grinding, Inc. (NEPG), sells parts for medical equipment in Massachusetts. NEPG agreed to supply Kyphon, Inc., with probes and nozzles. NEPG contracted with Simply Surgical, LLC, to obtain the parts required. After half a dozen tran
> Russ Wyant owned Humble Ranch in South Dakota. Edward Humble was Wyant’s uncle and held a two-year option to buy the ranch from Wyant. The option included specific conditions. Once it was exercised, for instance, the parties had thirty days to enter into
> H&J Ditching & Excavating, Inc., was hired by JRSF, LLC, to perform excavating and grading work on a residential construction project in Tennessee. Cornerstone Community Bank financed the project with a loan to JRSF. When JRSF defaulted on the loan, Corn
> David Desgro hired Paul Pack to inspect a house that Desgro wanted to buy. Pack had Desgro sign a contract that included a twelve-month limit for claims based on the agreement. Pack reported that the house had no major problems, but after Desgro bought i
> Randy Jones is an agent for Farmers Insurance Company of Arizona. Through Jones, Robert and Marcia Murray obtained auto insurance with Farmers. On Jones’s advice, the Murrays increased the policy’s limits over the minimums required by the state of Arizon
> When Steven Simkin divorced Laura Blank, they agreed to split their assets equally. At the time, they owned an account with Bernard L. Madoff Investment Securities estimated to be worth $5.4 million. Simkin kept the account and paid Blank more than $6.5
> Madeline Castellotti was the sole shareholder of Whole Pies, Inc., which owns John’s Pizzeria in New York City. Her other assets included an interest in a real estate partnership, a residence on Staten Island, and bank accounts. When Madeline’s son Peter
> Vianna Stibal owns and operates the ThetaHealing Institute of Knowledge (THIK) in Idaho Falls, Idaho. ThetaHealing is Stibal’s “self-discovered” healing method. To induce people to take THIK classes, Stibal claimed that she had been diagnosed with cancer
> Kathy Wright and real estate agent Jennifer Crilow orally agreed to a contract with a “protection period.” Under this provision, if Wright’s property sold after the contract expired to a party who had been shown the property during the term of the contra
> Sue Ann Apolinar hired a guide through Arkansas Valley Adventures, LLC, for a rafting excursion on the Arkansas River. At the outfitter’s office, Apolinar signed a release that detailed potential hazards and risks, including overturning, unpredictable cu
> What does due process require?
> William Zurenda was disabled by post-traumatic stress disorder (PTSD), but had not been adjudged mentally incompetent. During divorce proceedings, he agreed to pay his spouse $5,000 within six months. The settlement was read aloud in court, and the judg
> Bonney McWilliam’s father deeded a house in Norfolk County, Massachusetts, to Bonney and her daughter, Mechelle. Each owned a one-half interest. Described as “an emotionally troubled teenager,” Mechelle had a history of substance abuse and a fractured re
> Farrokh and Scheherezade Sharabianlou agreed to buy a building owned by Berenstein Associates for $2 million. They deposited $115,000 toward the purchase. Before the deal closed, an environmental assessment of the property indicated the presence of chemi
> Lucas Contracting, Inc., is a small contractor in Carrollton, Ohio. Altisource Portfolio Solutions, Inc., hired Lucas to work on certain foreclosed properties. When payment for the work was not forthcoming, Lucas filed a suit in an Ohio state court again
> While riding her motorcycle, Amy Kemper was seriously injured when Christopher Brown hit her with his vehicle. Kemper wrote to Statewide Claims Services, the administrator for Brown’s insurer, asking for “all the insurance money that Mr. Brown had under
> Hanjuan Jin, a Chinese citizen, worked at Motorola in the United States as a software engineer in a division that created proprietary standards for cellular communications. After a few years, she started corresponding with a company in China about a poss
> Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters and other facilities in Massachusetts. The vehicles in Regency’s fleet were bought in other states. Massachusetts
> Lehman Brothers, Inc. (LBI), wrote a letter to Mary Ortegón offering her employment. The offer included a salary of $150,000 per year and an annual “minimum bonus” of $350,000. The bonus was not a “signing” bonus—it was clearly tied to her performance on
> Federal officers obtained a warrant to arrest Kateena Norman on charges of credit-card fraud and identity theft. Evidence of the crime included videos, photos, and a fingerprint on a fraudulent check. A previous search of Norman’s house had uncovered cre
> Savant Homes, Inc., is a custom home designer and builder. Using what it called the Anders Plan, Savant built a model house in Windsor, Colorado. This was a ranch house with two bedrooms on one side and a master suite on the other, separated by a combine
> How do protections guaranteed by the Bill of Rights apply to the states?
> Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit
> DSC Industrial Supply and Road Rider Supply are located in the North Kitsap Business Park in Seattle, Washington. Paul and Suzanne Marshall, who had outstanding commercial loans from Frontier Bank, owned both firms. Frontier dispatched one of its employe
> Michael Mayfield, the president of Mendo Mill and Lumber Company in California, received a “notice of a legal claim” from Edward Starski. This “claim” alleged that a stack of lumber fell on a customer as a result of a Mendo employee’s “incompetence.” The
> Independence Plating Corp. (IPC) of New Jersey provides metal-coating services. It does not advertise or otherwise solicit business in North Carolina. Southern Prestige Industries, Inc., a North Carolina firm, contracted with IPC to ship parts from North
> Otto May, Jr., a pipefitter for Chrysler Group, LLC, was the target of racist, homophobic, and anti-Semitic remarks. He received death threats, his bike and car tires were punctured, and someone poured sugar into the gas tank of his car. A dead bird was
> Rebecca Nichols drove a truck for Tri-National Logistics, Inc. (TNI). On a delivery trip, Nichols’s fellow driver James Paris made unwelcome sexual advances. Nichols reported this behavior to TNI. Their employer left her with Paris in Pharr, Texas, for a
> Under a Massachusetts statute, large wineries could sell their products through wholesalers or to consumers directly, but not both. Small wineries could use both methods. Family Winemakers of California filed a suit against the state, arguing that this r
> Priscilla Dickman worked as a medical technologist at the University of Connecticut Health Center. Dickman’s supervisor received complaints she was getting personal phone calls and was frequently absent from her work area. Based on e-mails and other docu
> A patent is an exclusive right granted to the creator of an invention. Under U.S. law, a patent owner possesses that right for twenty years. The owner can allow another party to make and market a product based on the invention in exchange for a payment o
> Which part of the government has the exclusive authority to regulate trade and commerce among the states?
> Technology Incubation and Entrepreneurship Training Society (TIETS) is an association made up of members of a local community in India. TIETS contracted with Mandana Farhang, a resident of California, to develop and market certain technology. Later, Farh
> Mechanics replaced a brake assembly on the landing gear of a CRJ–700 plane operated by GoJet Airlines, LLC. They installed gear pins to lock the assembly in place during the repair but then failed to remove one of the pins. After takeoff on the plane’s n
> For fifty years, the Soviet Union made and sold Stolichnaya vodka and licensed its trademark for use in the United States. After the Soviet Union collapsed, the state enterprise that had managed the mark was privatized and came under the control of Spiri
> How might a foreign firm violate U.S. antirust law?
> What forms of anticompetitive behavior does the Federal Trade Commission Act prohibit?
> When does price discrimination violate antitrust laws?
> Define monopolization.
> Describe the rule of reason.
> What is a per se violation?
> When can an agency hold a closed meeting?
> Why do businesses use methods of alternative dispute resolution to settle their disputes?
> In applying the arbitrary and capricious standard, what do courts typically consider?
> How are most administrative actions against individuals or organizations resolved?
> What are the most important investigative tools available to an agency?
> What are the three steps to notice-and-comment rulemaking?
> What is the difference between executive and independent agencies?
> What is a constructive trust?
> How does a living trust differ from a testamentary trust?
> What is the difference between the per stirpes and per capita methods of distribution?
> What is the basis for a landlord-tenant relationship?
> What is the definition of codicil?
> Before a trial begins, how can the parties obtain information and collect evidence about the case?
> What is a personal representative?
> For a claim of adverse possession to succeed, what four elements must be satisfied?
> On an assignment of a lease, who is obligated to pay the rent?
> What does the warranty of habitability require a landlord to do?
> When a tenant wrongfully retains possession of property, what is the landlord entitled to?
> What distinguishes a fixed-term tenancy from a periodic tenancy?
> When real property is sold, how is title to the property conveyed?
> Which interests in land do not include any rights to possess the property?
> Which rights, privileges, and powers are held by an owner in fee simple?
> What is a fixture?
> Before a party can bring a lawsuit, what must he or she have?
> What are subsurface rights?
> What is the idea behind equitable redemption?
> What is the difference between a judicial foreclosure and a power of sale foreclosure?
> How can a bailor overcome a limit that a warehouse company places on its liability?
> On what does the degree of reasonable care required in a bailment situation depend?
> By what means can a bailee enforce his or her right to compensation?
> How can a bailment occur if the bailor does not voluntarily deliver the property to the bailee?
> Which type of property does a bailment involve?
> What is an estray statute?
> Who can claim title to lost property against the whole world, except the true owner?
