The case of Stern v. Lucy Webb Hayes (1984) was a class action lawsuit in which M. Stern and the patients of Sibley Memorial Hospital sued the Lucy Webb Hayes National Training School for Deaconesses and Missionaries, five financial institutions, and five members of Sibley Memorial Hospital’s Board of Trustees. Plaintiffs alleged the defendants conspired to monetarily benefit from the financial management of the hospital through use of the financial institutions to which they were affiliated. Plaintiffs also alleged breach of fiduciary duty by trustees. During this case the plaintiffs attempted to establish the conspiracy they had alleged by presenting specific incidences to which questionable financial activity occurred.…
of a fiduciary relationship. The Court of Appeals in Hunter favorably cited the Terry case as an instructive example regarding the sufficiency of allegations: Terry [v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)] is instructive on the sufficiency of allegations. Terry involved a defendant who took advantage of his dying brother by inducing him to sell his portion of a business at an inadequate price. The complaint was sufficient because it described the family relationship, the business dealings between the two and the increased role the defendant had near his brother's death. Terry, 302 N.C. at 86, 273 S.E.2d at 679.…
Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…
The case is about a taxpayer, Mr. Duberstein, who was president of Duberstein Iron & Metal Company. As a result, he did business with Mohawk Metal Corporation in which he was an acquaintance with the president of the corporation Mr. Berman for several years. Furthermore, in exchange for information of potential customers, Berman gave Duberstein a Cadillac. Although the taxpayer did not want to accept the automobile, he ultimately gave in upon Berman’s insistence. Thus, Mohawk Metal Corporation deducted the Cadillac as a business expense on its corporate income tax return and the taxpayer did not include the value of the Cadillac in his gross income.…
Retrieved December 7, 2015, from https://www.law.cornell.edu/wex/incorporation_doctrine Google Scholar. " Gitlow v. New York 268 Us 625- Supreme Court. "?Google Scolar.…
The name of the case I chose is “Two sentenced in Coke trade secret case” This case occurred in Atlanta, Georgia on 23rd of May in 2007. Two ex-coke employees by the name of Joya Williams age of 42, Ibrahim Dimson age of 31 was sent to federal prison for a plot to offer rival Pepsi sample of new product. The two was arrested for fraud and unlawfully stealing and selling trade secrets from Coca-Cola Co. This case shows a good example of corporate citizenship leading to a successful prosecution but which also lead to competitive advantage by stealing another’s trade secrets which lead these fellow employees to federal prison. Ibrahim Dimson used a false name by the name of “Dirk” which he sent letter to Pepsi using an official Coca-Cola envelope.…
Under New York law, is a covenant not to compete enforceable when it restricts the previous employee by limiting future employment opportunities within a specified span of time of eighteen months and with similar business to the former employer, within fifteen miles of the previous employer, and when the employee cannot take or have any clients follow them to their new place of employment? The covenant not to compete that Ms. Rice signed as an employee of Suffolk Speech & Hearing Center (“Suffolk Speech”) will likely be found enforceable in whole. Suffolk Speech will be able to show that the restriction is reasonable to protect their own business interests because the loss of the client Ms. Rice is trying to take with her accounts for a…
Reducing liability for shareholders helps create a corporate veil. Pittston claimed that it was merely a stockholder, so they would be protected from being prosecuted thus making it harder for Stern to “ pierce the corporate veil”. “A Pittston brief pointed out “A planted seeking to persuade a court to ignore separate corporate entries must not show only an excessive degree of control over the subsidiary, but the purposeful exercise of that importer dominance to commit…()”. Stern had to tackle this issue. He knew that if he sued the Buffalo Mining Company the case would be reduced to a state court and the coal mining companies would have too many connections as opposed to a federal court(Stern,71).To deter this first, he needed to secure the documents from the AdHoc company proving that the Buffalo Mining Company was a division of the Pittston Company.…
Introduction Mister Allan Pinkerton founded the Pinkerton Agency in the 1850’s; we will take a look at the various aspects of the business in the past and the present. The business created by Mr. Pinkerton has been an important addition to the private security and public safety worlds. Many of the fundamental business ideals that Mr. Pinkerton began his company with still stand true for his business even today. While some of the tactics have changed over time, the company still continues to hone its’ skills for protecting people and their assets. The Pinkerton Agency was founded in the 1850’s by Allan Pinkerton who originally emigrated to the United States of America from Scotland, Mr. Pinkerton created the company at a time when crime was…
PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition.…
A corporation is subject to personal jurisdiction in a state if it is incorporated in that state, does business in the state, and/or has its principle office in the…
In this case, the directors of a company arrived at the share price for a leveraged buy-out merger without consulting the Company’s and independent financial experts. The directors also failed to determine the company’s total value before the merger. The directors of the company were found to have been grossly negligent in the manner in which they handled the merger. Even though the share price arrived by the directors proved to be profitable for the company, the court maintained that the directors had failed to exercise their duty of care because they had failed to consult any financial experts when arriving at their decision (Macey,…
White-collar crime often is conceived as a sort of residual category in criminology, that is, as a form of crime that is unlike traditional forms of street crime. Write an essay in which you accomplish the following tasks: Identify and discuss the distinguishing features of white-collar type crimes and white-collar offenders. How do white-collar type crimes differ from traditional street crimes in regards to their characteristics and the techniques used by the offenders who engage in them? One of the most important things I learnt from this class, is to specify the definition of the “white-collar crime” first whenever I want to talk about it.…
4. Limitations 4.1 Conditions to be Fulfilled One must be warned that even when an incorporation clause is being identified as a clause in the reference document, it does not inevitably follow that that clause will be incorporated into the reinsurance contract. The clause could be entirely inapplicable in the reinsurance contract. Due to this, the courts have developed rules that have to be met, so as to ensure that only appropriate and applicable terms are incorporated into reinsurance contracts. As explained by Thomas (2015, p. 46), “In HIH Casualty & General Insurance Ltd v New Hampshire Insurance Co [2001] 1 Lloyd’s Rep IR 224, the judge at first instance set out various tests that had to be satisfied before a term would be incorporated…
This case involves a consumer goods manufacturer by the name Rainbarrel Products. According to the text, the company is struggling to adapt to a market characterized by reduced consumption of products after a ten-year period of boom. The organization’s Chief Executive Officer Keith Randall decides to hire a professional to get things under control. Thus, Hiram Phillips is considered and takes up the mantle as the Chief Finance and Administration Officer. Within no time, Hiram introduces a lot of changes to achieve what he considers good for the company.…