The sale of insurance is a highly specialized field that requires considerable training, education, and skill. American Family Insurance Company sells its products through a network of insurance agents. At the start of their tenure, the agents sign an agreement stating that they are independent contractors. They work out of their own offices, set their own hours, provide the resources to run their offices, and hire and pay their own staffs. The agents file their taxes as independent contractors and deduct their expenses as self-employed business owners. American Family requires the agents to file daily activity reports, prioritize the sale of certain policies, and engage in specific sales tactics. The company approves the agents’ office locations and imposes qualifications on their staff members. The agents are paid in commissions. Walid Jammal and other agents filed a suit in a federal district court against American Family, claiming that the company classified them as independent contractors to deprive them of employee benefits. [Jammal v. American Family Insurance Co., 914 F.3d 449 (6th Cir. 2019)] (a) Use the IDDR approach to consider the ethics of American Family’s decision not to provide its agents with employee benefits. (b) Apply the criteria used by the courts to decide whether the agents in this case should be categorized as employees or independent contractors.
> Background and Facts, Ida Cannon was injured in an auto accident while operating a vehicle owned by Ivy Harp. Cannon was hospitalized for nine days. Because she did not own a vehicle and was not covered under any other policy, she submitted a claim for b
> Background and Facts, Michael Preston found a diamond ring on the floor of a Walmart store in Tumwater, Washington. He kept the ring and later pawned it. The ring belonged to Nicole Amacker who had removed it to assist a fellow shopper and then had forgo
> Laccetti v. Securities and Exchange Commission United States Court of Appeals, District of Columbia Circuit, 885 F.3d 724 (2018). Background and Facts; The Public Company Accounting Oversight Board investigated an audit by the Ernst & Young accounting fi
> Candelore v. Tinder, Inc. California Court of Appeal, Second District, Division 3, 19 Cal.App.5th 1138, 228 Cal.Rptr.3d 336 (2018). Background and Facts; Tinder, Inc., owns and operates the dating app, Tinder. The free version of the app presents users w
> Toll Processing Services, LLC v. Kastalon, Inc. United States Court of Appeals, Seventh Circuit, 880 F.3d 820 (2018). Background and Facts; Toll Processing Services, LLC, a subsidiary of International Steel Services, Inc., was formed to own and operate a
> Haywood v. Massage Envy Franchising, LLC United States Court of Appeals, Seventh Circuit, 887 F.3d 329 (2018). Background and Facts Massage Envy, LLC, is a franchisor based in Arizona that grants licenses to independently owned and operated entities for
> Heavenly Hana, LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan United States Court of Appeals, Ninth Circuit, 891 F.3d 839 (2018). Background and Facts, The Hotel Union & Hotel Industry of Hawaii Pension Plan is a multiemployer plan that repre
> Schaefer v. Orth Court of Appeals of Wisconsin, 2018 WI App 35, 382 Wis.2d 271, 915 N.W.2d 730 (2018). Background and Facts Jason Schaefer and Randy Orth created Grilled Cheese, LLC, to own and operate a “Tom and Chee” franchise, a casual restaurant spec
> When Penny Shambo began receiving Medicaid benefits, she and her husband William owned and lived in a house with an appraised value of $125,000 and a mortgage of less than $50,000 in Saratoga County, New York. After William died, their daughter, Melissa
> When Larry Neal died, Gary, his brother and the executor of his estate, applied to a Texas state court to probate Larry’s will. The will provided, “I do give and bequeath to my niece, Valorie Jean (Neal) White, all my personal effects and all my tangible
> Two organizations, Class A Investors Post Oak, LP, and Cosmopolitan Condominium VP, LP, owned adjacent pieces of property in Houston, Texas. Each owner-organization planned to build a high-rise tower on its lot. The organizations signed an agreement that
> Craig and Sue Shaffer divided their real property into two lots. They enclosed one lot with a fence and sold it to the Murdocks. The other lot was sold to the Cromwells. All of the parties orally agreed that the fence marked the property line. Over the n
> Mansoor Akhtar lived rent-free in the basement of Anila Dairkee’s duplex in Minneapolis, Minnesota, for more than a year. When Dairkee asked Akhtar to move out, he refused. She changed the locks and advised him to remove his property from the duplex. But
> Anastasio Guerra agreed to loan his pickup truck to Gina Mandujano so that she could go grocery shopping in exchange for her making him lunch. When Mandujano drove out of the store’s parking lot, the truck’s power steering failed. Her wrist was caught in
> Brandy Sutton was the sole owner of the law firm Pendleton & Sutton in Lawrence, Kansas. Sutton offered a retirement plan as a benefit to the members of her staff. Each employee could contribute up to 3 percent of his or her salary. Sutton withheld the c
> Solomons One, LLC, was formed to develop waterfront property in Maryland. Vernon Donnelly was a member of the LLC and served as the company’s counsel. The state denied Solomons’s request for a permit to build a pier. Donnelly appealed the denial. Meanwhi
> Bennett, Inc., offered a substantial number of new common shares to the public. Harvey Helms had a long-standing interest in Bennett because his grandfather had once been president of the company. On receiving a prospectus prepared and distributed by Ben
> Apple, Inc., controls which apps can run on its iPhone software. Apple’s App Store is a website where iPhone users can find, buy, and download the apps. Apple prohibits third-party developers from selling iPhone apps through channels other than the App S
> S&P Brake Supply, Inc. v. Daimler Trucks North America, LLC Montana Supreme Court, 2018 MT 25, 390 Mont. 243, 411 P.3d 1264 (2018). Background and Facts S&P Brake Supply, Inc., was the sole authorized dealer for Western Star Trucks in Yellowstone County,
> PRC-Desoto International, Inc., makes and distributes more than 90 percent of the aerospace sealant used in military and commercial aircraft. Packaging Systems, Inc., buys the sealant in wholesale quantities, repackages it into special injection kits, an
> Sevenson Environmental Services was hired to clean up a Superfund site in Manville, New Jersey, where the soil was contaminated with creosote. (Creosote is a flammable, oily mixture of chemical compounds often used for preserving wood or as a pesticide.)
> Olivia Chernaik and other Oregon residents filed a suit in an Oregon state court against Governor Kate Brown and other state officials. According to the plaintiffs, the state holds “vital natural resources,” including water, air, land, and wildlife, in t
> In Richland, Washington, Robert Ingersoll planned his wedding to include about a hundred guests, a photographer, a caterer, a wedding cake, and flowers. Ingersoll had been a customer of Arlene’s Flowers and Gifts for more than nine years and had spent se
> Rainbow School, Inc., has run a child-care facility in Fayetteville, North Carolina, for more than twenty years. In addition to using the word “rainbow” in its name, the school uses rainbow imagery on its logo. Rainbow Early Education Holding, LLC, opera
> The Delaware River Port Authority (DRPA) solicited bids to repaint the Commodore Barry Bridge, a mile-long structure spanning the Delaware River between New Jersey and Pennsylvania. Alpha Painting & Construction Company, an experienced contractor that ha
> The Sikh Cultural Society, Inc. (SCS), petitioned the United States Citizenship and Immigration Services (USCIS) for a special immigrant religious worker visa for Birender Singh. The USCIS denied the request for several reasons. Despite certain statutory
> First Solar, Inc., is one of the world’s largest producers of photovoltaic solar panel modules. When First Solar revealed to the market that the company had discovered defects in its products, the price of the company’s stock fell, causing the shareholde
> Nan Huang was a senior data analyst for Capital One Financial Corporation. In violation of the company’s confidentiality policies, Huang downloaded and analyzed confidential information regarding purchases made with Capital One credit cards at more than
> R.A. Yancey Lumber Corporation owned a sawmill in Yancey Mills, Virginia, as well as 2,500 acres of land from which it sold timber. Dick Yancey, Dan Yancey, and Sarah May were the firm’s directors. Dick, Dan, their spouses, Sarah, and Sarah’s ex-husband,
> Encino Motorcars, LLC v. Navarro Supreme Court of the United States, __ U.S. __, 138 S.Ct. 1134, 200 L.Ed.2d 433 (2018). Background and Facts Encino Motorcars, LLC, owned a Mercedes-Benz dealership in California. Encino employed service advisors whose du
> Apollo Global Management made a tender offer to the shareholders of Diamond Resorts International. Stephen Cloobeck, the founder of Diamond and the chairman of its board, did not approve of the deal because “he was disappointed with the price and the com
> The Watergate Hotel in Washington, D.C., obtained a loan from PB Capital. At this time, hotel employees were represented by a labor union, and under a collective bargaining agreement, the hotel agreed to make contributions to an employees’ pension fund r
> Hewlett-Packard Company (HP) hired detectives to secretly monitor the phones and e-mail accounts of its directors to find the sources of leaks of company information to the media. When the government learned of the monitoring, criminal charges were broug
> M&M Country Store, Inc., operated a gas station and convenience store. Debra Kelly bought M&M from Mary Millett. Under the purchase agreement, Millett was to remain as the corporation’s sole shareholder until the price was fully paid. A default on any pa
> The University of Missouri requires employees to disclose inventions developed during their employment so that the university can choose whether to exercise the right to ownership. Galen Suppes was an associate professor at the university, and the univer
> Armour Pipe Line Company assigned leases to its existing oil wells in Texas to Sandel Energy, Inc. The assignment included royalties for the oil produced from the wells. Armour specified that the assignment “does not pertain to production attributable to
> In New York City, 2406-12 Amsterdam Associates, LLC, brought an action in a New York state court against Alianza Dominicana and Alianza, LLC, to recover unpaid rent. The plaintiff asserted cause to pierce the corporate veil, alleging that Alianza Dominic
> Limited Liability. Vision Metals, Inc., owned and operated a pipe manufacturing facility that caused groundwater contamination. The Texas Commission on Environmental Quality (TCEQ) issued a plan that obligated Vision to treat the water and monitor the tr
> Q Restaurant Group Holdings, LLC, owns and operates Q-BBQ restaurants. Michael Lapidus managed the restaurants and conducted the day-to-day operations. This included bargaining with the restaurants’ vendors, buying the supplies, keeping the books and rec
> Floyd Finch and Bruce Campbell were partners in a law firm. They did not have a written partnership agreement, but they shared the firm’s expenses and profits equally. The partnership operated on a cash basis, using billing software to track time spent o
> Background and Facts, Fred and Sandra Navarra were married and lived in New Wilmington, Pennsylvania. Each of their wills provided that 70 percent of the residuary estate would pass to Fred’s legatees—his children from a previous marriage: Richard Navarr
> Marc Malfitano and seven others formed Poughkeepsie Galleria as a partnership to own and manage a shopping mall in New York. The partnership agreement stated that “all decisions to be made by the Partners shall be made by the casting of votes” with “no l
> Chrysler, LLC, awarded a Chrysler-Jeep franchise in Billings, Montana, to Lithia Motors, Inc. Lithia exceeded the sales goals and other expectations expressed in the franchise agreement. Later, Chrysler approved an application by Rimrock Chrysler, Inc.,
> Tom George was the sole owner of Turbine Component Super Market, LLC (TCSM), when its existence was terminated by the state of Texas. A TCSM creditor, Turbine Resources Unlimited, filed and won a suit in a Texas state court against George for breach of c
> McLane Company is a supply-chain services company that distributes goods to retailers. McLane requires employees with physically demanding jobs to have physical evaluations, both when they start work and when they return after medical leave. After workin
> 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
> Split Rail Fence Company sells and installs fencing materials in Colorado. U.S. Immigration and Customs Enforcement (ICE) sent Split Rail a list of the company’s employees whose documentation did not satisfy the Form I-9 employment eligibility verificati
> To qualify for leave under the Family and Medical Leave Act (FMLA), an employee must comply with his or her employer’s usual and customary notice requirements, including call-in policies. Robert Stein, an employee of Atlas Industries, Inc., tore his meni
> Ernesto Lopez, an employee of Visser Ranch, Inc., maintained the equipment at Visser’s farms, ranches, and dairies on call, twenty-four hours a day, seven days a week. Visser provided Lopez with a pick-up truck that he was expected to use at all times so
> Jane Westmas was killed when a tree branch cut by Creekside Tree Service, Inc., fell on her while walking on a public path through the private property of Conference Point Center on the shore of Lake Geneva in Wisconsin. Conference Point had contracted w
> Background and Facts, Donald Breeden and Willie Faye Buchanan were married in Marion County, Mississippi. They lived in a home in Sandy Hook. Nationwide Property & Casualty Insurance Company insured the home under a policy bought by Breeden that named hi
> Under the “plain language” of the Bankruptcy Code, at least one class of creditors must accept a Chapter 11 plan for it to be confirmed. Transwest Resort Properties, Inc., and four related companies filed a petition for bankruptcy under Chapter 11. The f
> Jevic Transportation Corporation filed a petition in a federal bankruptcy court for a Chapter 11 reorganization. A group of former Jevic truck drivers, including Casimir Czyzewski, filed a suit and won a judgment against the firm for unpaid wages. This j
> Roger Rand loaned funds to Frank Welte to buy farm equipment. Security agreements were executed for the loans, and under these agreements, Welte could not transfer the equipment without Rand’s consent. Rand perfected his security interest in the collater
> Dustin Mosely financed the purchase of two cars with a loan from Show-Me Credit Union (SMCU). When Mosely stopped making payments on the loan, SMCU notified him that it intended to repossess the cars and dispose of them at a “private or public” sale. Aft
> Woodsmill Park Limited Partnership borrowed $6.2 million secured by real property in Chicago, Illinois. Bill and Brian Bruce and Matthew O’Malley signed guaranties to meet Woodsmill’s obligation on the loan. Woodsmill defaulted on the payments. Northbroo
> While working as an executive assistant to David Ducote, Michelle Freytag fraudulently obtained a credit card in Ducote’s name from Whitney National Bank in New Orleans, Louisiana. Freytag told Whitney to pay the credit card balances with funds from Duco
> The law firm of Levy Baldante Finney & Rubenstein, P.C., had a checking account at TD Bank, N.A. The account agreement required notice to the bank of “any problem with a check” within thirty days from when a statement showing the item was mailed. Jack Co
> Roy Supply, Inc., and R. M. R. Drywall, Inc., had checking accounts at Wells Fargo Bank. Both accounts required all checks to carry two signatures—that of Edward Roy and that of Twila June Moore, both of whom were executive officers of both companies. Be
> Via e-mail, John Colglazier, commercial account manager at Don Hinds Ford, Inc., offered to buy twenty Ford Explorers from Beau Townsend Ford Lincoln, Inc., and to pay with a check. Beau Townsend agreed. Colglazier then received an e-mail, purportedly fr
> Padraic Gillespie, a student at the University of North Texas, borrowed $12,500 from Bank One, N.A., under its Education One loan program and signed a note for the amount. A few months later, the Education One “student loans listed on Schedule 2” were so
> Background and Facts, When Sidney Solberg died, 100 mineral acres—that is, the right to all of the minerals under a certain 100 acres—and other real property in his estate were distributed to his widow, Lillian, for her life. The remainder interest (the
> Robert Triffin purchased a dishonored payroll check from Fair Law Financial Services (doing business as United Check Cashing) and filed a complaint against the maker seeking to collect on the check. The check was issued by Extensis Group, LLC, to Maria P
> Thomas Caraccia signed a note and mortgage in favour of Virtual Bank to obtain funds to buy property in Palm Beach Gardens, Florida. Virtual Bank indorsed the note in blank, making it bearer paper, and transferred possession of the note to Bank of Americ
> Incorporated under Venezuelan law, a subsidiary of U.S.-based Helmerich & Payne International Drilling Company supplied oil-drilling rigs to entities that were part of the government of Venezuela. The government fell behind in payment on contracts for th
> Goods exported to a foreign country for repair or alteration can qualify for tariff-free or reduced tariff treatment when they re-enter the United States. But the goods do not qualify for favourable import-duty treatment if, in the foreign country, they
> Bayer Corporation makes and markets One a Day brand vitamin. For seventy-five years, the One A Day brand has assured the public, “take one of our tablets every day and you won’t need any other supplements.” One A Day offers the pills in gummy form, with
> Harold Moore bought a barrelracing horse named Clear Boggy for $100,000 for his daughter. The seller was Betty Roper, who appraises barrel-racing horses. (Barrel racing is a rodeo event in which a horse and rider attempt to complete a cloverleaf pattern
> Samsung Telecommunications America, LLC, makes Galaxy phones. Daniel Norcia bought a Galaxy S4 in a Verizon store in San Francisco, California. A Verizon employee opened the box, unpacked the phone, and helped Norcia transfer his contacts to the new phon
> Kim Baker filed several claims in a Massachusetts state court concerning his purchase of four 1960s-era race cars from Lilo Zicron. The parties, after engaging in mediation, agreed to a settlement. The terms required Zicron to sell three of the vehicles
> Camal Terry signed a “Sales Contract” to buy a 1995 BMW 3 Series from Robin Drive Auto, a car dealership in Delaware. Terry agreed to pay $4,995, and Robin Drive agreed to hold the BMW on layaway for him in contemplation of a sale within twenty-one days.
> Medalist Golf, Inc., a high-end golf course builder, was working on a new golf course project in Missouri. Chris Williams, doing business as Cane Creek Sod, submitted a bid with Medalist to provide Meyer Zoysia grass sod for the project. Williams and Med
> Perez v. Stern Nebraska Supreme Court, 279 Neb. 187, 777 N.W.2d 545 (2010). In the Language of the Court GERRARD, J. [Justice] [Reyna] Guido is the mother of two minor children. [Domingo] Martinez, the children’s father, died after he was run over by a c
> Dr. John Braun conceived a cutting-edge device to treat adolescent scoliosis, a severe deformity of the spine. As consideration for the assignment of his intellectual property in the invention, Medtronic Sofamor Danek, Inc., a medical device manufacturer
> Dr. John Holm signed a two-year employment agreement with Gateway Anesthesia Associates, PLLC. During negotiations for the agreement, Gateway’s president, Dr. Jon Nottingham, told Holm that on completion of the contract he would become a partner in the f
> Lisa Goldstein reserved space for a marriage ceremony in a building owned by Orensanz Events, LLC, in New York City. The rental agreement provided that on cancellation of the event “for any reason beyond Owner’s control,” the client’s sole remedy was ano
> Melissa Gallegos bought a used 1996 Saturn automobile for $2,155 from Raul Quintero, doing business as JR’s Motors. Their written contract focused primarily on the transfer of physical possession of the vehicle and did not mention who would pay the taxes
> Shannon Bakke contracted with Magi-Touch Carpet One Floor & Home, Inc., to install a shower door in a bathroom in Bakke’s home. Magi-Touch arranged to have the work done by VA Solutions, LLC, an independent contractor. The shower door imploded, damaging
> State Farm Insurance Company issued a policy to David Stulberger to insure a Nissan Rogue for collision damage. The policy provided, “No assignment . . . is binding upon us unless approved by us.” When the Nissan was involved in an accident, State Farm a
> Chance Innis did business as Roadrunner Hotshot, renting equipment to oil companies in North Dakota. Innis’s sister, Cammie Wold, operated the business. At a restaurant in Williston, Innis and Wold met with Louis Tornabeni, who orally agreed to provide I
> The Statute of Frauds. Michael Brannon filed a suit in an Ohio state court against Derrick and Nancy Edman, claiming breach of an alleged oral contract for the sale of certain real property in Akron. Brannon asserted that he had moved onto the property a
> Intoxication. After Kira had had several drinks one night, she sold Charlotte a diamond necklace worth thousands of dollars for one hundred dollars. The next day, Kira offered one hundred dollars to Charlotte for the return of the necklace. Charlotte ref
> Scott Caldwell worked for UniFirst Corporation under an employment agreement with an arbitration clause. The agreement provided that either party could avoid arbitration by seeking an injunction—but only the employer could obtain this relief without show
> McWane, Inc. v. Federal Trade Commission United States Court of Appeals, Eleventh Circuit, 783 F.3d 814 (2015). In the Language of the Court MARCUS, Circuit Judge: Pipe fittings join together pipes and help direct the flow of pressurized water in pipelin
> McCullough v. Allstate Property and Casualty Insurance Co. Alabama Court of Civil Appeals, 256 So.3d 103 (2018). Background and Facts; Allstate Property and Casualty Insurance Company issued a policy to Jerry McCullough, insuring his pickup truck. McCull
> Visit the Association of Certified Fraud Examiners website and open the “2016 Report to the Nations” (s3-us-west-2.amazonaws.com/acfepublic/2016-report-to-the-nations.pdf ). Read the two- page Executive Summary and fill in the following blanks. The media
> At December 31, Hovak Co.’s Allowance for Doubtful Accounts has an unadjusted debit balance of $3,400. Hovak prepares a schedule of its December 31 accounts receivable by age. Required 1. Compute the required balance of the Allowance fo
> Samsung is a leading global manufacturer that competes with Apple and Google. Key financial figures for Samsung follow. *Figures prepared in accordance with International Financial Reporting Standards as adopted by the Republic of Korea. Required 1. Wha
> Apple’s statement of cash flows in Appendix A describes changes in cash and cash equivalents for the year ended September 29, 2018. What total amount is provided (used) by investing activities? What amount is provided (used) by financing activities?
> Sherman Co. began operations in Year 1. During its first two years, the company completed several trans- actions involving sales on credit, accounts receivable collections, and bad debts. These transactions are summarized as follows. Year 1 a. Sold $685,
> a. Accounting b. Identifying c. Recording d. Communicating e. Governmental f. Artificial intelligence h. Recordkeeping (bookkeeping) g. Language of business 1. ______helps accountants by performing repetitive tasks such as entering invoice data. 2.
> Review the opening feature of this chapter that highlights Jean Liu and Didi Chuxing (or DiDi). The company plans to open a kiosk in the Ferry Building in San Francisco to sell shirts, hats, and other merchandise. Other retail outlets and expansion plans
> Determine whether each procedure described below is an internal control strength or weakness. 1. The same employee is in charge of recordkeeping and depositing cash receipts. 2. All large payments are made by electronic funds transfer (EFT). 3. Cash rece
> Selected accounts from Fair Trader Co.’s adjusted trial balance for the year ended December 31 follow. Prepare its income statement.
> Organize the class into teams. Each team must prepare a list of 10 internal controls a consumer could observe in a typical retail department store. When called upon, the team’s spokesperson must be prepared to share controls identified by the team that h
> Refer to Google’s balance sheet in Appendix A. Does it use the direct write-off method or allowance method in accounting for its accounts receivable? What is the realizable value of its receivables balance as of December 31, 2018?
> Net Zero Products, a wholesaler of sustainable raw materials, prepares the following aging of receivables analysis. (1) Estimate the balance of the Allowance for Doubtful Accounts using the aging of accounts receivable method. (2) Prepare the adjusting e
> The following transactions are from Ohlm Company. Year 1 Dec. 16 Accepted a $10,800, 60-day, 8% note in granting Danny Todd a time extension on his past-due account receivable. 31 Made an adjusting entry to record the accrued interest on the Todd note. Y
> Barga Co.’s net sales for Year 1 and Year 2 are $730,000 and $1,095,000, respectively. Its year-end balances of accounts receivable follow: Year 1, $65,000; and Year 2, $123,000. a. Compute its days’ sales uncollected at the end of each year. b. Did days
> Assume you are a business consultant. The owner of a company sends you an e-mail expressing concern that the company is not taking advantage of its discounts offered by vendors. The company currently uses the gross method of recording purchases. The owne
