A small brewery in New York called Empire Brewing Company manufactured a brand of beer called “Strikes Bock.” For seven years, the brewery served the beer only on tap. With the intention of bottling and selling the beer in stores, Empire Brewing sought a trademark for “Strikes Bock.” Lucasfilm opposed the trademark registration maintaining that it could cause confusion with its famous film, “The Empire Strikes Back.” Should the USPTO grant the trade- mark to Empire Brewing? Would Lucasfilm be likely to prevail in a trademark infringement suit or a trademark dilution suit? [Natalie O’ Neill, Lucasfilm Sues Brewery over Star Wars-inspired Beer, N.Y. POST, (Oct. 24, 2014), http://nypost.com/2014/ 10/24/lucasfilm-sues-over-brewerys-empire- strikes-bock-beer/]
> Connie Cunico, a white woman, was employed by the Pueblo, Colorado, School District as a social worker. She and other social workers were laid off in seniority order because of the district ’ s poor financial situation. However, the school board thereaft
> John Chadbourne was hired by Raytheon on February 4, 1980. His job performance reviews were uniformly high. In December 1983, Chadbourne was hospitalized and diagnosed with AIDS. In January 1984, his physician informed Raytheon that Chadbourne was able t
> Manuel Fragante applied for a clerk ’ s job with the city and county of Honolulu. Although he placed high enough on a civil service eligibility list to be chosen for the position, he was not selected because of a perceived deficiency in oral communicatio
> A teenage female high school student named Salazar was employed part-time at Church ’ s Fried Chicken Restaurant. Salazar was hired and supervised by Simon Garza, the assistant manager of the restaurant. Garza had complete supervisory powers when the res
> Overton suffered from depression and was made sleepy at work by medication taken for this condition. Also, because of his medical condition, Overton needed a work area away from public access and substantial supervision to complete his tasks. His employe
> Michael Sykes, the president of Sykes Corp., hired Richard Amelung to handle the company ’ s book- keeping and deal with all of its vendors. Amelung entered into an agreement with East- ern Metal Supply to help reduce Sykes ’ s debt to Eastern. Whenever
> Master Homecraft Co. received a promissory note with a stated face value from Sally and Tom Zimmerman. The note was payment for remodeling their home and contained unused blanks for installment payments but contained no maturity date. When Master Homecra
> Sylvia Hayes worked as a staff technician in the radiology department of Shelby Memorial Hospital. On October 1, Hayes was told by her physician that she was pregnant. When Hayes informed the doctor of her occupation as an X-ray technician, the doctor ad
> Mohen is a member of the Sikh religion whose practice forbids cutting or shaving facial hair and requires wearing a turban that covers the head. In accordance with the dictates of his religion, Mohen wore a long beard. He applied for a position as breakf
> Beth Faragher worked part-time and summers as an ocean lifeguard for the Marine Safety Section of the city of Boca Raton, Florida. Bill Terry and David Silverman were her supervisors over the five-year period of her employment. During this period, Terry
> Continental Photo, Inc., is a portrait photography company. Alex Riley, an African American man, applied for a position as a photographer with Continental. Riley submitted an application and was interviewed. In response to a question on a written applica
> Dial Corp. implemented a “ work tolerance test, ” which all new employees were required to pass to obtain employment in its Armour Star brand sausage-making department. Of the applicants who passed the test, 97 percent were male and 38 percent were femal
> Lessack Auctioneers advertised an auction sale that was open to the public and was to be conducted with reserve. Gordon attended the auction and bid $100 for a work of art that was worth much more. No higher bid, however, was made. Lessack refused to sel
> The EEOC notified North American Stainless (NAS) in February 2003 that Miriam Regalado had filed a charge of sex discrimination against the company. Three weeks later NAS fired her coworker Eric Thompson, a person to whom Ms. Regalado was engaged. Thomps
> List the major federal statutes dealing with the regulation of equal rights in employment
> Reno, Nevada, police officers John Bohach and Jon Catalano communicated with each other on the Alphapage computer system, typing messages on a keyboard and sending them to each other by use of a “ send ” key. The computer dials a commercial paging compan
> Mark Phipps was employed as a cashier at a Clark gas station. A customer drove into the station and asked him to pump leaded gasoline into her 1976 Chevrolet, an automobile equipped to receive only unleaded gasoline. The station manager told Phipps to co
> Benton, as agent for Savidge, received an insurance settlement check from Metropolitan Life Insurance Co. He indorsed it “ For deposit ” and deposited it in Bryn Mawr Trust Co. in Savidge ’ s account. What were the nature and effect of this indorsement?
> Buffo was employed by the Baltimore & Ohio Rail- road. Along with a number of other workers, he was removing old brakes from railroad cars and replacing them with new brakes. In the course of the work, rivet heads and scrap from the brakes accumulated on
> In May, the nurses union at Waterbury Hospital went on strike, and the hospital was shut down. In mid-June, the hospital began hiring replacements and gradually opened many units. To induce nurses to take employment during the strike, the hospital guaran
> Virgil Deemer and Thomas Cornwell, employees at a Whirlpool Corporation plant, refused to comply with a supervisor ’ s order that they perform maintenance work on certain mesh screens located some 20 feet above the plant floor. Twelve days before a fello
> Jane Richards was employed as the sole crane operator of Gale Corp. and held the part-time union position of shop steward for the plant. On May 15, Richards complained to OSHA concerning what she contended were seven existing violations of the Occupation
> Armenda Malone and Stephen Krantz were induced to leave other employment and join ABI ’ s CD-ROM division as national account managers in part because of a favorable commission agreement at ABI. Their employment relationship with ABI had no set duration,
> David Stark submitted an application to the maintenance department of Wyman-Gordon Co. Stark was a journeyman millwright with nine years ’ experience at a neighboring company at the time of his application to Wyman-Gordon. Stark was vice president of the
> Katherine mailed Paul an offer with definite and certain terms and that was legal in all respects stating that it was good for 10 days. Two days later she sent Paul a letter by certified mail (time stamped by the Postal Service at 1:14 P. M.) stating tha
> One Monday, a labor organization affiliated with the International Ladies Garment Workers Union, began an organizational drive among the employees of Whittal & Son. On the following Monday, six of the employees who were participating in the union drive w
> Jeanne Eenkhoorn worked as a supervisor at a business office for the New York Telephone Co. While at work, she invented a process for terminating the telephone services of delinquent subscribers. The telephone company used the process but refused to comp
> Michael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer ’ s vessel into the waterways. Hauck was an employee at will, and Sabine
> How could a check made out to “ Joseph Klimas and his Attorney Fritzshall & Gleason & Blue Cross Blue Shield Company and Carpenters Welfare Fund ” be negotiated further? What would be required? [ Chicago District Council of Carpenters Welfare Fund v. Gle
> Robert Evjen was a full-time employee of Boise Cascade Co. At the same time, he was a full-time student at Chemata Community College. He was laid off as part of a general economy move by the employer. He applied for unemployment compensation. His claim w
> Michael Kittell was employed at Vermont Weather- board. While operating a saw at the plant, Kittell was seriously injured when a splinter flew into his eye and penetrated his head. Kittell sued Vermont Weatherboard, seeking damages under a common law the
> Beverly Baumann accompanied her mother to Memorial Hospital, where her mother was placed in intensive care for heart problems. A nurse asked Baumann to sign various documents, including one that authorized the hospital to release medical information and
> Neal Rubin, while driving his car in Chicago, inadvertently blocked the path of a Yellow Cab Co. taxi driven by Robert Ball, causing the taxi to swerve and hit Rubin ’ s car. Angered by Rubin ’ s driving, Ball got out of his cab and hit Rubin on the head
> Steven Trujillo, told by the assistant door manager of Cowboys Bar “ to show up to work tonight in case we need you as a doorman, ” came to the bar that evening wearing a jacket with the bar logo on it. Trujillo “ attacked ” Rocky Medina in the parking l
> The Bay State Harness Horse Racing and Breeding Association conducted horse races at a track where music for patrons was supplied by an independent contractor hired by the association. Some of the music played was subject to a copyright held by Famous Mu
> Steve Diezel, an employee of Island City Flying Service in Key West, Florida, stole a General Electric Credit Corp. (GECC) aircraft and crashed the plane while attempting to take off. GECC brought suit against Island City on the theory that it had neglig
> When a college student complained about a particular course, the vice president of the college asked the teacher to prepare a detailed report about the course. The teacher did and then demanded additional compensation for the time spent in preparing the
> Moritz, a guest at Pines Hotel, was sitting in the lobby when Brown, a hotel employee, dropped a heavy vacuum cleaner on her knee. When Moritz complained, the employee insulted her and hit her with his fist, knocking her unconscious. She sued the hotel f
> Jason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel a
> Smith has in his possession the following instrument: September 1, 2003 I, Selma Ray, hereby promise to pay Helen Savit One Thousand Dollars ($1,000) one year after date. This instrument was given for the purchase of Two Hundred (200) shares of Redding M
> On July 11, 1984, José Padilla was working as a vacation-relief route salesperson for Frito-Lay. He testified that he made a route stop at Sal ’ s Beverage Shop, where he was told by Mrs. Ramos that she was dissatisfied with Frito-Lay service and no long
> Leo Bongers died intestate. Alfred Bongers and Delores Kuhl, Leo ’ s nephew and niece, were appointed personal representatives of his estate. Leo left more than 120 antique cars, trucks, and motor- cycles. The estate hired Bauer-Moravec to sell the vehic
> Craig Industries was in the business of manufacturing charcoal. Craig, the corporation ’ s president, contracted in the name of the corporation to sell the company ’ s plants to Husky Industries. Craig did not have authority from the board of directors t
> Lowell Shoemaker, an architect, was hired by Aff- house to work on a land development project. In September Shoemaker contacted Central Missouri Professional Services about providing engineering and surveying services for the project. Central submitted a
> Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Nettie ’ s Flower Garden. He had made a slight de
> Richard Pawlus was an owner of Dutch City Wood Products, Inc., which did business as “ Dutch City Marketing. ” Pawlus purchased merchandise from Rothschild Sunsystems from April 24 to June 24 using the designation “ Richard Pawlus Dutch City Marketing ”
> Brazilian & Colombian Co. (B&C), a food broker, ordered 40 barrels of olives from Mawer- Gulden-Annis (MGA). MGA ’ s shipping clerk was later told to make out the bill of lading to B&C ’ s customer Pantry Queen; the olives were shipped directly to Pantry
> Beverly Baumann accompanied her mother to Memorial Hospital, where her mother was placed in intensive care for heart problems. A nurse asked Baumann to sign various documents, including one that authorized the hospital to release medical information and
> When improvements or buildings are added to real estate, the real estate tax assessment is usually increased to reflect the increased value of the property. Frank Partipilo and Elmer Hallman owned neighboring tracts of land. Hallman made improvements to
> What is a contract?
> Daniels and Julian were employed by the Marriott Hotel in New Orleans and were close personal friends. One day after work, Daniels and Julian went to Werlein ’ s music store to open a credit account. Julian, with Daniels ’ s authorization and in her pres
> Francis Gagnon, an elderly gentleman, signed a power of attorney authorizing his daughter, Joan, “ to sell any of my real estate and to execute any document needed to carry out the sale ... and to add property to a trust of which I am grantor or benefici
> Real estate broker Donald Alley Sr. had a listing contract that gave him the exclusive right to sell Wayman Ellison ’ s farm for at least $200,000. Ellison was told that a buyer was found. The buyer, Cora Myers, who had been paid $585,000 for her small f
> Fred Schilling, the president and administrator of Florence General Hospital, made a contract, dated August 16, 1989, on behalf of the hospital with CMK Associates to transfer the capacity to utilize 25 beds from the hospital to the Faith Nursing Home. S
> Martha Christiansen owns women ’ s apparel stores bearing her name in New Seabury, Massachusetts; Lake Placid, New York; Palm Beach, Florida; and Palm Springs, California. At a meeting with her four store managers, she discussed styles she thought approp
> Lew owns a store on Canal Street in New Orleans. He paid a person named Mike and other individuals commissions for customers brought into the store. Lew testified that he had known Mike for less than a week. Boulos and Durso, partners in a wholesale jewe
> Tillie Flinn properly executed a durable power of attorney designating her nephew James C. Flanders and/or Martha E. Flanders, his wife, as her attorney in fact. Seven months later, Martha Flanders went to the Capitol Federal Savings and Loan Association
> The Holzmans signed an exclusive listing agreement with the Blum real estate brokerage firm. The con- tract provided that the Holzmans had an obligation to pay a commission “ if they enter into a written agreement to sell the property to any person durin
> Record owned a farm that was managed by his agent, Berry, who lived on the farm. Berry hired Wagner to bale the hay and told him to bill Record for this work. Wagner did so and was paid by Record. By the summer of the following year, the agency had been
> Paul Strich did business as an optician in Duluth, Minnesota. Paul used only the products of the Ply- mouth Optical Co., a national manufacturer of optical products and supplies with numerous retail outlets and some franchise arrangements in areas other
> Lloyd and Mario Spaulding entered into a contract to purchase property from Richard and Robert Krajcir. The two Spaulding brothers signed a promissory note to the Krajcir brothers with the following language: “ The amount of $10,000 [is] to be paid selle
> Carriage Way was a real estate development of approximately 80 houses and 132 apartments. The property owners were members of the Carriage Way Property Owners Association. Each year, the association would take care of certain open neighboring areas, incl
> Ken Jones, the number-one-ranked prizefighter in his weight class, signed a two-year contract with Howard Stayword. The contract obligated Stayword to represent and promote Jones in all business and professional matters, including the arrangement of figh
> Ernest A. Kotsch executed a durable power of attor- ney when he was 85 years old, giving his son, Ernie, the power to manage and sell his real estate and personal property “ and to do all acts necessary for maintaining and caring for [the father] during
> Compare authorization of an agent by (a) appointment and (b) ratification.
> How does an agent differ from an independent contractor?
> Gilbert Church owned Church Farms, Inc., in Manteno, Illinois. Church advertised its well-bred stallion Imperial Guard for breeding rights at $50,000, directing all inquiries to “ Herb Bagley, Manager. ” Herb Bagley lived at Church Farms and was the only
> Vallot was driving his farm tractor on the highway. It was struck from the rear by a truck, overturned, exploded, and burned. Vallot was killed, and a death claim was made against All American Insurance Co. The death of Vallot was covered by the company
> Carman Tool & Abrasives, Inc., purchased two milling machines, FOB Taiwan, from the Dah Lih Machinery Co. Carman obtained ocean marine cargo insurance on the machines from St. Paul Fire and Marine Insurance Co. and authorized Dah Lih to arrange for the s
> Amador Pena, who had three insurance policies on his life, wrote a will in which he specified that the proceeds from the insurance policies should go to his children instead of to Leticia Pena Salinas and other beneficiaries named in the policies. He die
> Marshall Produce Co. had insured its milk- and egg- processing plant against fire. When smoke from a fire near its plant permeated the environment and was absorbed into the company ’ s egg powder products, cans of powder delivered to the U.S. government
> Atlas Capital, LLC ’ s sole member and manager was Weston Wade Sleater. Mr. Sleater signed two promissory notes totaling $4,000,000 as the maker of the notes. The signature blocks of the notes read, “ Weston Wade Sleater & Atlas Marketing Group, L.C, ” b
> Collins obtained from South Carolina Insurance Co. a liability policy covering a Piper Colt airplane he owned. The policy provided that it did not cover loss sustained while the plane was being piloted by a person who did not have a valid pilot ’ s certi
> Margrethe and Charles Pyeatte, a married couple, agreed that she would work so that he could go to law school and that when he finished, she would go back to school for her master’s degree. After Charles was admitted to the bar and before Margrethe went
> Baurer purchased a White Freightliner tractor and agreed that his son-in-law, Britton, could use it in the trucking business. In return, Britton agreed to haul Baurer ’ s hay and cattle, thus saving Baurer approximately $30,000 per year. Baurer insured t
> Linda Filasky held policies issued by Preferred Risk Mutual Insurance Co. Following an injury in an automobile accident and storm damage to the roof of her home, Filasky sustained loss of income, theft of property, and water damage to her home. These thr
> Arthur Katz testified for the U.S. government in a stock manipulation case. He also pled guilty and testified against three of his law partners in an insurance fraud case. He received a six-month sentence in a halfway house and a $5,000 fine. Katz was pl
> Dr. George Allard and his brother-in-law, Tom Rowland, did not get along after family land that was once used solely by Rowland was partitioned among family members after the death of Rowland ’ s father. Rowland had a reputation in the community as a bul
> From the United Insurance Co., Rebecca Foster obtained a policy insuring the life of Lucille McClurkin and naming herself as beneficiary. McClurkin did not live with Foster, and Foster did not inform McClurkin of the existence of the policy. Foster paid
> Gerhard Schillers was assisting his friend J.L. Loethen in removing a transmission from the bed of the Loethens ’ truck on the Loethens ’ property. While Schillers was carrying the transmission down the driveway, he fell and was seriously injured. J.L. w
> Cecil Usher owned Belize NY, Inc. (Belize), a small construction company doing business in New York City. Belize purchased a commercial general liability insurance policy from Mount Vernon Fire Insurance Co. The policy ’ s first page, entitled “ Policy D
> Anderson Development Co. (ADC) manufactures organic materials at its plant in Adrian, Michigan. The Environmental Protection Agency (EPA) sent ADC a formal notification that it was considered a “ potentially responsible party ” (PRP) for the release of h
> Northwest Harvest Products, Inc., fell behind on its trade account with Major Products Company, Inc., and Major requested a note for the debt. Northwest sent a $79,000 corporate note. The balance on the note was incorrect, and Northwest sent a second cor
> Spector owned a small automobile repair garage in rural Kansas that was valued at $80,000. He purchased fire insurance coverage against loss to the extent of $48,000. The policy contained an 80 per- cent coinsurance clause. A fire destroyed a portion of
> Mr. Keyes was injured on April 30, 2010, when he fell off Ms. Thibodeaux ’ s roof. Mr. Keyes was cleaning and measuring the roof in preparation for painting when, unbeknownst to him, Ms. Thibodeaux sprayed a section of the metal roof with water. Mr. Keye
> When Harriet went away for the summer, Landry, a house painter, painted her house. He had a contract to paint a neighbor’s house but painted Harriet’s house by mistake. When Harriet returned from vacation, Landry billed her for $3,100, which was a fair p
> TLC was an Atlanta rhythm, blues, and hip-hop band that performed at clubs in 1991. The three- woman group signed a recording contract with LaFace Records. The group ’ s first album that LaFace produced, Ooooooohhh on the TLC Tip , sold almost 3 million
> Steven and Teresa Hornsby are married and have three young children. On May 25, 1993, the Hornsbys filed a voluntary Chapter 7 petition. They had by that date accumulated more than $30,000 in debt, stemming almost entirely from student loans. They wanted
> Samson Industries ceased doing business and is in bankruptcy proceedings. Among the creditors are five employees seeking unpaid wages. Three of the employees are owed $3,500 each, and two are owed $1,500 each. These amounts became due within 90 days prec
> Sonia, a retailer, has the following assets: a factory worth $1 million; accounts receivable amounting to $750,000, which fall due in four to six months; and $20,000 cash in the bank. Sonia ’ s sole liability is a $200,000 note falling due today, which s
> D. Erik Von Kiel obtained loans from the U.S. Department of Health & Human Services so that he could complete his education as an osteopathic physician. He works at the International Academy of Life (IAL) in Orem, Utah, for no salary but receives gifts f
> Kentile sold goods over an extended period of time to Winham. The credit relationship began without Winham ’ s being required to furnish a financial statement. After a time, payments were not made regularly, and Kentile requested a financial statement. W
> Jane Leeves declared voluntary Chapter 7 bankruptcy. The trustee included the following property in her bankruptcy estate: • Jane ’ s wedding ring • Jane ’ s computer for her consulting business that she operated from her home • Jane ’ s car payment f
> George S. Avery signed a letter regarding the unpaid balance on a $20,000 promissory note owed to Jim Whitworth in the form of a letter addressed to Whitworth stating: “ This is your note for $45,000.00, secured individually and by our Company for your s
> Harold McClellan sold ice-making machinery to Bobbie Cantrell ’ s brother for $200,000 to be paid in installment payments. McClellan took a security interest in the ice machine but did not perfect it by filing a financing statement. The brother defaulted
> Orso, who had declared bankruptcy, received a structured tort settlement in a personal injury claim he had pending. The settlement would pay him an annuity each year for 30 years because the claim was the result of an auto accident that left him permanen
> Hall-Mark regularly supplied electronic parts to Peter Lee. On September 11, 1992, Lee gave Hall-Mark a $100,000 check for parts it had received. Hall-Mark continued to ship parts to Lee. On September 23, 1992, Lee ’ s check was dishonored by the bank. O
> Dozier and his wife, daughter, and grandson lived in the house Dozier owned. At the request of the daughter and grandson, Paschall made some improvements to the house. Dozier did not authorize these, but he knew that the improvements were being made and
> Place the following in order for a bankruptcy proceeding: a. Order of relief b. Collection of bankrupt’s estate c. List of creditors d. Petition e. Evaluation of claims f. Voidable preferences g. Discharge
> Three general unsecured creditors are owed $45,000 as follows: A , $15,000; B , $5,000; and C , $25,000. After all other creditors were paid, the amount left for distribution to general unsecured creditors was $9,000. How will the $9,000 be distribute
