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Limitations on intellectual property protection
Limitations on intellectual property protection
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In the case of Chelsea Industries, Inc. v Gaffney there was a name that goes by the name Lawrence Gaffney who was the president and general manager of Ideal Tape Company (Ideal). This company was engaged in the business of manufacturing pressure-sensitive tape while being a subsidiary of Chelsea Industries, Inc. (Chelsea). Gaffney along with three other ideal executives he recruited decide to open a competing manufacturing company using their positions at Ideal to gather ideas, get customers, and equipment while Chelsea had no idea of their intentions. Chelsea decided to sue them for the damages. I believe that Chelsea would win this case and also be awarded for the damages. Simply put, an officer of a corporation cannot and should not
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
In a recent opinion, the Kansas Court of Appeals addressed the meaning and status of Kansas water law. The case of Garetson Brothers v. American Warrior, Inc., 51 Kan. App. 2d 370 (2015), concerns a groundwater dispute between senior water users and junior water users in southwest Kansas. After filing a complaint against the junior users, the senior users sought an injunction to stop the pumping of groundwater. The District Court granted the injunction and the Court of Appeals affirmed their decision. The issues in the case concerned what the term impairment means in the context of water law and whether it is appropriate for a court to grant injunctive relief to a senior water user. The Court of Appeal’s decision upholds the principle
Non-compete agreements are usually found in employments contracts in where a company wants to prevent their employees from working for a competing company. The focus of the non-compete agreement is to protect a company’s business interest and trade secrets but, a non-compete covenant must be laboriously drafted to follow the state’s regulation in order to be enforced in court. There is an enormous discrepancy when it comes to cases that deal with non-compete agreements since it deals with revising if the non-compete agreement was lawful to begin with; courts do not have a consistent approach to this. A lot of companies request the courts to enforce the covenant but, in most cases, the agreement is unenforceable due to the unethical and unlawful
Abington v. Schempp was an important case regarding the establishment of religion in American schools. Until the late twentieth century, most children were sent to schools which had some sort of religious instruction in their day. The schools taught the morals, values, and beliefs of Christianity in addition to their everyday curriculum. However, as some people began to drift away from Christianity, parents believed this was not fair to the kids and justifiable by the government. They thought public schools should not be affiliated with religion to ensure the freedom of all of the families who send students there. Such is the situation with the 1963 Supreme Court case Abington v. Schempp.
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
Wolford General Partnership (WGP) operates plumbing supply business which is also an exclusive supplier for certain stable construction firms. Because of its excellent reputations and services, WGP is able to an extremely profitable entity for the business. WGP uses an accrual method of accounting and has been using June 30 fiscal year for the tax report purpose after its election of §444 since its formation.
In this case perhaps McCoy would wish to be a limited partner and be removed from the day to day operations. An option he could choose could be to be a Limited Liability Corporation, may come with additional costs, work and headaches, but even so as we with any business it has its advantages, which includes the flexibility of who manages the business, can be easier to raise capital and add or transfer ownership interests. Owners are no longer liable for business debts, but the
Christine Henry Andresen, CHA Law Group, PC is a law firm that is located in Austin, Texas. Christine Henry Andresen, CHA Law Group, PC is an expert in reproductive law, LGBT/ Queer, wills and estate planning, and family law. Their wills and estate law practice areas include will, medical documents, and non-medical estate planning documents. Their professional organizations include American Bar Association, LGBT Bar Association, Family Law Institute, and more. Christine Henry Andresen, CHA Law Group, PC has received an Avvo Superb Rating of 10.0 for being a Top Adoption Attorney.
It seems as if Hamper vs. Commissioner is a case that an individual have to make a decision based off a specific place and time to wear a wardrobe. According to the case study, “As a television news anchor petitioner, it is required to maintain a specified professional appearance as described in the Women’s Wardrobe Guidelines. The guidelines provide that the “ideal in selecting an outfit for on-air use should be the selection of ‘standard business wear’, typical of that which one might wear on any business day in a normal office setting anywhere in the USA.” The guidelines point out that there is no correlation between the cost of an outfit and its appropriateness for use, and generally a conservative outfit purchased “off the rack” at a local
Gulliver Schools, Inc. v. Snay is based about the importance to respect the confidentiality clauses in a contract.
CERCLA hones the ability to provide permits to private parties that are thus seeking any sort of contribution during or following a civil action; this falls under the section 107(a). Because of this, there arises a question within the court case Cooper Industries, Inc. v. Aviall Services Inc., 531 U.S 157. Does the §107(a) give the “potentially responsible parties” (PRPs) with a cause of action to reclaim costs from other PRPs? In Justice Thomas’ opinion of the court, they uphold that this section grants this right. Due to the Cooper Industries case, where they decided that a private party had the right to seek out contribution from other parties alike, Justice Thomas was able to back the court’s opinion.
George R. Boggs, in the Handbook of CEO-Board Relationships and Responsibilities, warns that “a CEO’s termination can result in, at the least, negative publicity, and at the worst, litigation” (p. 40). The events that occurred at JCC; financial irresponsibility, reports of lack of oversight and accountability; political interference, followed by the actions taken by the board; the suspension and firing of the president and the termination of 21 others, provides a picture of an institution whose morale is nonexistent.
The court was in unanimous agreement of the decision. They rejected the defendant’s appeals for retrial, motion for JNOV (Judgment notwithstanding verdict), rejected their motion for remittur (reduction of punitive damages granted by jury). The rulings were mostly in favor of the plaintiff.
The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd[1], whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts may also "lift the corporate veil", in the conflict of laws in order to determine who actually controls the corporation, and thus to ascertain the corporation's true contacts, and closest and most real connection. Throughout the course of this assignment I will begin by explaining the concept of legal personality and describe the veil of incorporation. I will give examples of when the veil of incorporation can be lifted by the courts and statuary provisions such as s.24 CA 1985 and incorporate the varying views of judges as to when the veil can be lifted.
According to Corporation Act 2001 s124(1), it illustrates that ‘’A company has the legal capacity and powers of an individual both in and outside the jurisdiction” . As it were, company as a legal individual must be freely with all its capital contribution shall embrace liability for its legal actions and obligations of the company’s shareholders is limited to its investment to the company. This ‘separate legal entity’ principle was established in the case of Salomon v Salomon & Co Ltd [1987] as company was held to have conducted the business as a legal person and separate from its members. It demonstrated that the debt of company is belonged to the company but not to the shareholders. Shareholders have only right to participate in managing but not in sharing the company property. Besides ,the Macaura v Northern Assurance Co Ltd [1925] demonstrates that the distinction between the shareholders and company assets. It means that even Mr Macaura owned almost all the shares in the company, he had no insurable interest in the company’s asset. The other recent case is the Lee v Lee’s Air Farming Ltd [1961] which illustrates that the distinct legal entities between employee ad director allows Mr.Lee function in dual capacities. It resulted that the corporation can contract with the controlling member of the corporation.