9/17/13 Business Law 362W Case Caption: Vollgraff v. Block. Court: Supreme Court, Special Term, Suffolk County. Date: October 26, 1982 Citation: 117 Misc.2d 489, 458 N.Y.S.2d 437, (Sup.Ct.Suffolk Co.1982) Fact: Attorneys Hull, Black and Grundfast formed a partnership for the practice of law on 1 November 1975. The law firm received a personal injury case from Robert Vollgraff on 10 July 1976. The partnership of the law firm was dissolved on 31 December 1976 by mutual agreement.
The Commonwealth of Massachusetts, acting through the Attorney General’s office brought a consumer protection enforcement action against the defendant, Fremont Investment & Loan claiming that in originating and servicing 14,578 loans, 50-60 percent of such loans were “subprime” mortgage loans on borrowers’ homes between 2004 and 2007 acted unfairly and deceptively in violation of M.G.L. c. 93A § 2. Fremont’s ability to foreclose on loans with features that the judge described as “presumptively unfair.” Issue. Whether the subprime loans made by Fremont constituted unfair and deceptive acts in violation of M.G.L. c. 93A, § 2.
21819 Securities and Action No. CV 11-0092-PHX-DGC, where charges were formally brought forth against the senior management of the corporation. Prior to the indictment, the SEC formally charged NutraCea, two accounting personnel, and three executives for the unlawful engaging of fraudulent accounting in order to inflate the entities sales revenue. The corporations overstatement of sales revenue for both the 2nd and 3rd quarters of the 2007 fiscal year was done as a result of the corporation engaging in unethical activities of revenue recognition and by recording falsified sales. Those that were employed by NutraCea and were found guilty of engaging in improper activities and were charged by the SEC were former CEO Bradley David Edson, Secretary Todd C. Crow, Senior VP Margie Adelman, Director of Financial Services Scott Wilkinson and Controller Joanne D. Kline.
Retrieved on Dec 7, 2010 from: http://www.bitlaw.com/trademark/dilution.html Biznik business networking. The Difference Between a Trade Name and a Trademark and Why You Should Care. Retrieved on Dec 7, 2010 from: http://biznik.com/articles/the-difference-between-a-trade-name-and-a-trademark-and-why-you-should-care Avvo. Doctors, Lawyers, Ratings, Answers. What can I do about trade name infringement?
United Ins., 390 U.S. at 256, 88 S.Ct. 988(stating that "there is no doubt that we should apply the common[ ]law agency test . . . in distinguishing an employee from an independent contractor"); Merchants, 580 F.2d at 972-73 (same); Restatement (Second) of Agency § 220 (1957) (common law agency principles).
It was heard at London, January 10, 2005. 2. What is the central legal issue or dispute. If there are two, what are they? Central legal issue or dispute is that plaintiff sues the defendant for damages for breach of contract.
Antonio Beaver CJ 2010 Introduction to Criminal Justice April 16, 2009 Outline Antonio Beaver (picture)………..……………………………………………………..page 03 The Crime……………………………….……………………………………………….page 04 The Identification………………………………………………………………………..page 04 The Trial………………………………………………………………………………….page 05 The Biological Evidence and Exoneration……………………………………………page 05 Eyewitness Reliability…………………………………………………………………..page 05 Flaws in the Facial Composite Process………………………………………………page 06 Flaws in the Live Lineup Process……………………………………………………..page 06 Police Lineup (picture)……..………………………………………………………….page 07 The Number Of Wrongful Convictions………………………………………………..page 07 11 Facts about Wrongful Imprisonment………………………………………………page 08 In the Courtroom………………………………………………………………………...page 08 Psychological consequences of wrongful conviction and imprisonment………….page 09 Upon Release……………………………………………………………………………page 10 Compensating the Exonerated………………………………………………………...page 11 Sen. Gibbons Introduces Bill to Pay Wrongly Convicted Inmates for Lost Time…………………………………………………………………………….page 11 How DNA Testing Works……………………………………………………………….page 12 DNA Strand (picture)………..…………………………………………………………page 13 References………………………………………………………………………………page 14 Antonio Beaver Incident Date: 8/15/96 Jurisdiction: MO Charge: First-Degree Robbery Conviction: First- Degree Robbery Sentence: 18 Years Year of Conviction: 1997 Exoneration Date: 3/29/07 Sentence Served: 10 Years Real perpetrator found? Yes Contributing Causes: Eyewitness Misidentification Compensation? Yes After serving more than 10 years in Missouri prisons for a carjacking he didn’t commit, DNA tests on blood stains at the crime scene proved Antonio Beaver’s innocence and he was exonerated in 2007. The Crime On August 15, 1996, a 26-year-old white woman drove into
Chapter 5 cases Skilling v. United States * TX federal court convicted Jeffrey Skilling of conspiracy, securities fraud, making false representations to auditors and insider trading * Skilling was former CEO of Enron. Corp. * On appeal he argued that the government prosecuted him under an invalid legal theory and that the jury was biased * US court of appeals affirmed the conviction but vacated Skilling’s sentence and remanded the case for resentencing * Court held that the government’s theory under the “Honest Services” fraud statute was valid Arthur Andersen LLP v. United States * Andersen instructed Enron employees to destroy Enron-related documents * Consistent with Andersen’s document retention policy *
Assessment Journal, 5(1), 81. If protested taxes are not paid under protest within the time statutorily required, the taxpayer loses the right to maintain an action to recover them. Cook, P. J., & Durrance, C. (2013). The virtuous tax: Lifesaving and crime prevention effects of the 1991 federal alcohol-tax increase. Journal Of Health Economics, 32(1), 261-267. doi:10.1016/j.jhealeco.2012.11.003 FEDERAL REPORTER Newby v. Enron Corp., 446 F.3d 558.
Introduction to Risk Management and Insurance, 10e (Dorfman/Cather) Chapter 1 Introduction to Enterprise Risk Management and Insurance 1) A Pure Risk is defined as: A) an event that offer no opportunity for financial gain B) the chance a loss will occur C) a diversifiable risk D) a contingency that increases the chance of a loss Answer: A Diff: 1 2) All the following are direct losses except: A) a car is stolen B) a house suffers flood damage C) an apartment must be rented after a house is destroyed by fire D) a business loses $100,000 in a law suit Answer: C Diff: 1 3) All the following are direct losses except: A) a house is burglarized B) a store loses $200,000 in sales because a fire closes it down for two weeks C) a corporation must pay $1 million in ransom when its CEO is kidnapped D) an delivery truck needs $15,000 in repairs after a collision Answer: B Diff: 1 4) Which of the following is not an example of a Catastrophic Loss Event? A) Hurricane Katrina B) Death of Michael Jackson C) September 11, 2001 terror attacks D) 2004 Tsunami in the Indian Ocean Answer: B Diff: 1 5) Which of the following is not a method of protection of risk? A) Group insurance plans B) Employee benefits C) Social insurance D) Humanitarian aid Answer: D Diff: 2 6) Defective electrical wiring that may lead to a fire is an example of a: A) pure risk B) non-diversifiable risk C) speculative risk D) physical hazard Answer: D Diff: 2 7) Risk Pooling is an example of: A) a Catastrophic Loss Event B) diversifying risk C) a speculate risk D) applying the risk-return trade-off Answer: B Diff: 2 8) Which of the following is a false statement? A) Risk averse people will pay an insurance premium that is greater than the mathematically fair chance of loss in order to relieve themselves of uncertainty. B) A risk seeker is