Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data. The legislation provides for binding arbitration. However, if the registrants fail to agree on compensation, the arbitrator's decision is subject to judicial review only for "fraud, misrepresentation, or other misconduct." The manufacturing firms engaged in the development and marketing of chemicals used in pesticides, appealed the EPA decisions and began proceedings in Federal District Court to challenge the constitutionality of the arbitration provisions. They argued EPA violated Article III of the Constitution by allocating to arbitrators the functions of judicial officers and by limiting
Laurie Gannon, Public Relations Director at Taco Bell Corporation is facing a crisis management situation after receiving word on a Friday that Taco Bell labeled taco shells sold and produced by Kraft Foods, Inc., is being manufactured with a genetically modified strain of corn unapproved for human consumption. Gannon must inform all affected parties before the story breaks the following Monday. Since the situation has the potential to impact the restaurant side and public image of the business, the contamination dilemma is deemed a crisis. Organizationally, a detailed written memo outlining presently known facts should be sent to corporate management at YUM Brands. The memo should request a set-timed conference call amongst decision makers to evaluate new information and answer questions.
Chicago Medical School rejected his application. Steinberg filed a suit against the school, because it did not evaluate his and other applications according to the academic entrance criteria printed in the school’s bulletin. The trial court granted the defendant’s motion to dismiss, but then Steinberg appealed. II. Steinberg’s argument was that the school rejected his application, because of nonacademic considerations.
An investigation was conducted by a special agent, who wrote up a report to the superintendent, the report was based on the testimony of Mr. Humphrey another employee of the company, the conductor of the train and the inspection he made of the two coats. The special agent never met with the plaintiff and two days after the superintendent received the report, the plaintiff was discharged and put on a discharge list for reasons of stealing. The court in Bacon, held that if the defendant honestly believed based on all of the facts gathered surrounding the incident that the plaintiff’s intent was to use the jacket for his personal use then the defendant is protected, in having listed the plaintiff as being discharged for stealing. Therefore, the court held that a new trial be granted and that the case should have been submitted to the jury to determine whether defendant, through its agents, acted in good faith, under all the circumstances of the
Franchising in the United States began in 1999, and Pita Pit Inc. was formed. The first U.S. store opened in Syracuse, New York, and the second in Moscow, Idaho. In April 2005, Pita Pit Inc. was acquired by Pita Pit USA, Inc. and the Pita Pit concept now boasts nearly 300 stores in North America. The Pita Pit connects healthy food with people seeking alternatives to the typical fast food choices. Its motto is “fresh thinking – healthy eating,” featuring a menu based on the customer’s choice of grilled meats, fresh vegetables, zesty sauces, and a pita rolled into a unique and convenient package.
The use of cows to put their restaurant out on the market was a success. In 1995 the first cow was used on a billboard with the words “EAT MOR CHIKIN” From that day forward, the burger-eating landscape would forever be changed (Chick-Fil-A, 2011).” With their message on television, radio and internet it has reached millions. Part of their recipe for success is closing on Sundays. This decision was made back in 1946 when the company was first established; Mr. Cathy believed that employees should have time with their families and worship if they chose to do so. These kinds of strategies sets them apart from other restaurants, in 2010 the company’s system wide sales reached $3.5
-Miller (P) sued McDonald's (D) on the theory of negligence. -McDonald's (D) moved for summary judgment because it did not own or control the restaurant. -The court granted the motion. ISSUE: Does a franchise agreement go beyond the stage of setting standards, and allocate to the franchisor the right to exercise control over the daily operations of the franchise? Does an actual agency relationship exist?
Robert has written a book called “Shred It!” about his experiences over the past few years and hopes to spread the word about his newfound lifestyle. This article is organized very well, as Robert gives a brief background on his life and then he talks about how Forks Over Knives opened his eyes to a plant-based diet that changed his life. The intended article is for unhealthy Americans, or even people considering veganism as a lifestyle, as well as bodybuilders who are in the same “protein” situation Robert was in before he changed his life. Ethos is used in this article because Robert personally
Analysis of „Burns Verkaufen Der Kraftwerk“, The Simpsons, Season 3 Episode 11 In “Burns Verkaufen Der Kraftwerk” Mr. Burns decides to sell his nuclear power plant to two Germans, who, after introducing several new measures, fire Homer. In the meantime Mr. Burns is trying to enjoy his free time, but soon discovers that he isn’t feared by anyone anymore. He decides to buy back his plant, offering half of what he sold it for, but the Germans still accept after finding out how much it would cost to bring the plant up to standards. In the end Homer even gets his job back. The Germans are first introduced at 5:28.
LBS HOMEWORK SHEET Name of Case in Proper Legal Citation Format - Donovan v. RRL Corp, Corp., 27 P. 3d 702 (Cal: Supreme Court 2001) Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? - The plaintiff is Brian J. Donovan, and he is suing a car dealership for refusing to sell a vehicle at a price listed in an advertisement. What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on? - The court must decide if the advertisement constituted an offer, and if the mistake is genuine and can be grounds to avoid the contract due to a unilateral mistake of fact.