2.99 See Answer

Question: All the Way Towing, LLC v. Bucks


All the Way Towing, LLC v. Bucks County International, Inc.
Superior Court of New Jersey, Appellate Division, 452 N.J. Super. 565, 178 A.3d 97 (2018).
Background and Facts; After extensive discussions, Bucks County International, Inc., contracted with All the Way Towing, LLC, to manufacture and sell a tow truck with particular specifications. The contract specified that the custom-made truck would be “an International 7300 4X4 with a Dynamic 801 tow body mounted.” The truck was supposed to be delivered by April 15, but the first attempt at delivery occurred months later, in October. At that time, the tow truck’s forks did not move correctly, and there were other significant problems. Bucks made two more attempts at delivery in October, but various problems remained. The fourth attempt at delivery occurred in November. At that time, metal fell out from beneath the truck, and the wheel lift failed to close properly. All the Way rejected the truck and, believing that Bucks would never be able to deliver a properly functioning truck, demanded return of its $10,000 deposit. When Bucks did not refund the deposit, All the Way sued. The trial court granted a summary judgment to the defendant, dismissing the complaint because Bucks had tendered a tow truck as specified in the contract. All the Way appealed. The appellate court reversed, finding that the lower court should have considered All the Way’s allegations that Bucks had failed to deliver a truck that adequately performed its essential functions.
In the Language of the Court
FISHER, P.J.A.D. [Presiding Judge of a part of the Appellate Division]
The [trial court] judge dismissed plaintiffs’ breach of contract claim because, in his view, Bucks produced and tendered a tow truck. In support of this conclusion, the judge cited in his written opinion only [New Jersey’s version of the UCC 2–106(2)], which, in defining terms relevant to sales contracts, declares that “goods” are “ ‘conforming’ or conform to the contract when they are in accordance with the obligations under the contract.” In other words, as the judge explained, the contract called for the delivery of “an International 7300 434 with a Dynamic 801 tow body mounted” and that’s what was tendered; the judge did not consider [All the Way’s] allegations that the tow truck failed to function properly and, for that reason alone, we must reverse. Had he viewed the evidence in the light most favorable to plaintiffs, the judge would have been required to assume that Bucks attempted delivery on four occasions—all well beyond the stipulated delivery date—and on each occasion failed to deliver a truck that adequately performed its essential functions. If [All the Way’s] allegations regarding the tow truck’s apparent problems, which were identified at each of four attempted deliveries, are ultimately proven, [All the Way] would have demonstrated the tow truck was nonconforming, [and] its failure to conform authorized [All the Way’s] rejection of delivery. In short, the record reveals a central factual dispute as to whether the tow truck conformed to the contract and that dispute alone precludes summary judgment. [Emphasis added.]
Decision and Remedy; The state intermediate appellate court reversed the lower court’s decision and remanded the case for a trial. When deciding a defendant’s summary judgment motion, a court is required to view the evidence in the light most favorable to the plaintiff. Thus, the lower court should have considered the plaintiff’s allegations that the defendant failed to deliver a truck that adequately performed its essential functions. If the plaintiff’s allegations are true, then the truck was nonconforming, and All the Way had a right to reject it under the perfect tender rule and to pursue the remedies available under the UCC.
Critical Thinking
• Legal Environment: What provisions might the parties in this situation have included in their contract to protect themselves from this type of dispute?
• What If the Facts Were Different? Suppose that Bucks had completely fixed the truck by the fourth time it was tendered. Could All the Way have continued to reject delivery of the truck? Why or why not?


> Milan purchased saffron extract, marketed as “America’s Hottest New Way to a Flat Belly,” online from Dr. Chen. The website stated that recently published studies showed a significant weight loss (more than 25 percent) for people who used pure saffron ex

> Kodiak agrees to sell one thousand espresso machines to Lin to be delivered on May 1. Due to a strike during the last week of April, there is a temporary shortage of delivery vehicles. Kodiak can deliver the espresso makers two hundred at a time over a p

> Techplate Corporation learns that a federal administrative agency is considering a rule that will have a negative impact on the firm’s ability to do business. Does the firm have any opportunity to express its opinion about the pending rule? Explain.

> Brian owes Jeff $1,000. Ed tells Brian to give him the $1,000 and he will pay Jeff. Brian gives Ed the $1,000. Ed never pays Jeff. Can Jeff successfully sue Ed for the $1,000? Why or why not?

> Elle, an accountant, certifies several audit reports for Flite Corporation, her client, knowing that Flite intends to use the reports to obtain loans from Good Credit Company (GCC). Elle believes that the reports are true and does not intend to deceive G

> Caterpillar, Inc. v. Sudlow Court of Appeals of Indiana, 52 N.E.3d 19 (2016). Background and Facts The firearms policy at a Caterpillar, Inc., facility in Indiana allowed employees who were legally permitted to possess firearms to store the weapons in th

> Creating Liability Waivers That Are Not Unconscionable Blanket liability waivers that absolve a business from virtually every event, even those caused by the business’s own negligence, are usually unenforceable because they are unconscionable. Exculpator

> Commercial Use of Drones The commercial use of drones—small, pilotless aerial vehicles—has been relatively slow to develop in the United States. Possible commercial uses of drones are numerous—railroad track inspection, oil and gas pipeline review, medic

> Can a River Be a Legal Person? Years ago, a famous law journal article entitled, “Should Trees Have Standing?” addressed the issue of who has the legal right to bring a lawsuit when nature is involved. That issue remains with us today. To have standing,

> Does Cloud Computing Have a Nationality? Most people use “the cloud” for the storage of their digital data—photos, e-mails, music, documents, and just about anything else. Not surprisingly, major global digital players like Apple, Amazon, Google, and Mic

> Should an Innocent General Partner Be Jointly Liable for Fraud? When general partners in a limited partnership jointly engage in fraud, there usually is no question that they are jointly liable. But if one general partner engages in fraud and the other i

> Is It Ethical (and Legal) to Brew “Imported” Beer Brands Domestically? Imported beer represents over a quarter of total beer purchases in the United States. While imported beer generally costs more than domestic beer, those who purchase and consume it be

> Does Everyone Have a Constitutional Right to Use Social Media? Social media have become the predominant means by which many Americans communicate, obtain news updates, and discover what is “trending.” At least one state, though, legislated a ban on the u

> The European Union Issues Record Fines Against Google in Antitrust Case. “Just google it.” Google’s search engine is so dominant that the company name has become a verb synonymous with conducting an Internet search. According to the European Commissioner

> Investment Crowdfunding—Regulations and Restrictions Small entrepreneurs today can gain access to public funds through crowdfunding without filing a registration statement with the Securities and Exchange Commission (SEC). Generally, crowdfunding refers

> Secured Transactions—Escrow Services Online When you buy something online, you typically must use your credit card, make an electronic fund transfer, or send a check before the goods you buy are sent to you. If you are buying an expensive item, such as a

> Riedel v. Akron General Health System Court of Appeals of Ohio, Eighth District, 2018 -Ohio- 840, 97 N.E.3d 508 (2018). Background and Facts Akron General Health System owns and operates health-care centers, including Lodi Community Hospital, in Ohio. Aa

> Electronic Payment Systems Are Reducing the Use of Checks Many people no longer use checks. Businesses, in contrast, use checks regularly. Indeed, businesses are still using checks for more than half of their transactions. Issuing checks is costly, thoug

> Taxing Web Purchases In 1992, the United States Supreme Court ruled that an individual state cannot compel an out-of-state business that lacks a substantial physical presence within that state to collect and remit state taxes. a Congress has the power to

> Using Twitter to Cause Seizures—A Crime? Vanity Fair contributing editor and Newsweek senior writer Kurt Eichenwald has epilepsy, and he writes about his battle with the disease on occasion. For many suffering from this illness, strobe lights can spark s

> Riot Games, Inc., Protects Its Online Video Game Copyrights The acronym LoL generally means “laugh out loud.” But when it comes to the popular online video game League of Legends owned by Riot Games, Inc., LoL means something much different. More than 10

> Revenge Porn and Invasion of Privacy Nearly every digital device today takes photos and videos at virtually no cost. Software allows the recording of conversations via Skype. Many couples immortalize their “private moments” using such digital devices. On

> DWB, LLC v. D&T Pure Trust Court of Appeals of Arkansas, 2018 Ark. App. 283, 550 S.W.3d 420 (2018). Background and Facts; DWB, LLC, and Danny Brown operated Mayflower RV, a business in Arkansas. Doug Boydston and D&T Pure Trust leased the land to DWB and

> Bailey v. Kentucky Lottery Corp. Kentucky Court of Appeals 542 S.W.3d 305 (2018). Background and Facts; Kentucky Lottery Corporation (the Lottery) operates the state’s lottery. In one of the Lottery’s contests, a scratch-off ticket that revealed a “Final

> Klipsch Group, Inc. v. ePRO E-Commerce Limited United States Court of Appeals, Second Circuit, 880 F.3d 620 (2018) Background and Facts: Klipsch Group, Inc., makes sound equipment, including headphones. Klipsch filed a suit in a federal district court ag

> In the Language of the Court; Driving that train, high on cocaine, Casey Jones you better watch your speed. Trouble ahead, trouble behind, and you know that notion just crossed my mind. The Grateful Dead, Casey Jones, on Workingman’s Dead (Warner Bros. R

> Santangelo v. Comcast Corp. United States District Court, Northern District of Illinois, Eastern Division, 162 F.Supp.3d 691 (2016) In the Language of the Court John Z. LEE, United States District Judge I. Factual and Procedural Background [Keith Santang

> In re Bass Supreme Court of North Carolina, 366 N.C. 464, 738 S.E.2d 173 (2013) Background and Facts; Tonya Bass signed a note with Mortgage Lenders Network USA, Inc., to borrow $139,988, repayable with interest in monthly instalments of $810.75, to buy

> Olivares v. Transportation Security Administration United States Court of Appeals, District of Columbia Circuit, 819 F.3d 454 (2016). I. BACKGROUND In the aftermath of the tragic terrorist attacks on September 11, 2001, Congress created the Transportatio

> Singer v. Reali United States Court of Appeals, Fourth Circuit, 883 F.3d 425 (2018). Background and Facts, TranS1, Inc., a medical device company, sold the “System,” a spinal surgical procedure. TranS1’s financial success hinged on whether health insurer

> Hammoud v. Advent Home Medical, Inc. Court of Appeals of Michigan, 2018 WL 1072988 (2018). Background and Facts, Advent Home Medical, Inc., is a family-owned close corporation. Carlia Cichon is Advent’s president. Her daughter, Amanda Hammoud, owned 400

> Greenfield v. Mandalay Shores Community Association California Court of Appeal, Second District, Division 6, 21 Cal.App.5th 896, 230 Cal.Rptr.3d 827 (2018). Background and Facts, Mandalay Shores is a beach community in California’s Oxnard Coastal Zone wh

> Reese v. Newman District of Columbia Court of Appeals, 131 A.3d 880 (2016). In the Language of the Court KING, Senior Judge: * * * Allison Reese and * * * Nicole Newman were co-owners of ANR Construction Management, LLC * * *. Following disputes over man

> Shamburger v. Shamburger Court of Appeals of Arkansas, Division I, 2016 Ark.App. 57, 481 S.W.3d 448 (2016). In the Language of the Court Cliff HOOFMAN, Judge There are five LLPs [limited liability partnerships] at issue in this case: (1) CMH Management,

> Franchina v. City of Providence United States Court of Appeals, First Circuit, 881 F.3d 32 (2018). Background and Facts; Lori Franchina, a rescue lieutenant with the Providence Fire Department in Rhode Island, was assigned to work a shift with fellow fir

> Contemporary Cars, Inc. v. National Labor Relations Board United States Court of Appeals, Seventh Circuit, 814 F.3d 859 (2016) In the Language of the Court HAMILTON, Circuit Judge. Contemporary Cars, Inc., sells and services cars in Maitland, Florida. Bo

> M.J. v. Wisan Utah Supreme Court, 2016 UT 13, 371 P.3d 21 (2016). In the Language of the Court Associate Chief Justice LEE: [Members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS Church”) in Utah formed the United Effort Plan T

> In re Chamberlain United States Court of Appeals, Tenth Circuit, 721 Fed.Appx. 826 (2018). Background and Facts; When Stephen and Judith Chamberlain were divorced, their marital settlement agreement included a “College Education” provision. Stephen promi

> Rubin v. Islamic Republic of Iran Supreme Court of the United States, __ U.S. __, 138 S.Ct. 816, __ L.Ed.2d __ (2018). Background and Facts; Hamas, a terrorist organization sponsored by the Islamic Republic of Iran, carried out three suicide bombings in

> SunTrust Bank v. Monroe Court of Appeals of Texas, Fort Worth, 2018 WL 651198 (2018). Background and Facts; Liberty Redevelopment Group, LLC, financed the purchase of an Aston Martin sports car for $233,305.46 with a loan from the dealer, Aston Martin of

> Jarrell v. Conerly* Court of Appeal of Louisiana, Fourth Circuit, 240 So.3d 266 (2018). Background and Facts; Jessie Conerly and Ramon Jarrell signed a letter of intent to enter into a business venture and form a limited liability company, K&M, LLC. They

> Cipriano Square Plaza Corp. v. Munawar Maryland Court of Special Appeals, 2018 WL 1040020 (2018). Background and Facts; Haseeb and Razia Munawar entered into a lease to rent space in a shopping center in Greenbelt, Maryland, owned by Cipriano Square Plaz

> Dearborn West Village Condominium Association v. Makki Court of Appeals of Michigan, 2019 WL 97152 (2019). Background and Facts; Dearborn West Village Condominium Association manages the Dearborn West Village Condominium complex in Dearborn, Michigan. Th

> Banc of California, N.A. v. Madhok Superior Court of New Jersey, Appellate Division, __ N.J.Super. __ , 2019 WL 149660 (2019). Background and Facts Ritu Madhok borrowed $213,069 from Banc of California, N.A., to buy a house in Iselin, New Jersey. She exe

> Horton v. JPMorgan Chase Bank, N.A. Court of Appeals of Texas, Dallas, 2018 WL 494776 (2018). Background and Facts Robbie Horton, a paralegal for the law firm of Stovall & Associates, P.C., opened an individual checking account with JPMorgan Chase Bank (

> Mills v. Chauvin Supreme Court of New York, Appellate Division, Third Department, 103 A.D.3d 1041, 962 N.Y.S.2d 412 (2013). Background and Facts Gregory Mills and Robert Chauvin were friends and attorneys who maintained a professional and business relati

> Changzhou Trina Solar Energy Co., Ltd. v. United States International Trade Commission United States Court of Appeals, Federal Circuit, 879 F.3d 1377 (2018). Background and Facts; Changzhou Trina Solar Energy Company, a Chinese firm, makes crystalline si

> Louisiana Department of Revenue v. Apeck Construction, Inc. Louisiana Court of Appeal, Third Circuit, 238 So.3d 1045 (2018) Background and Facts; Apeck Construction, Inc. (AC), delivered and installed building and construction materials on a federal gove

> Mirandette v. Nelnet, Inc. United States Court of Appeals, Sixth Circuit, 720 Fed.Appx. 288 (2018). Background and Facts; To pay for his daughter’s education, Kurt Mirandette borrowed funds. As a condition of the loan, Mirandette signed a “Master Promiss

> Moore v. Bearkat Energy Partners, LLC Court of Appeals of Texas, Waco, 2018 WL 683754 (2018). Background and Facts; Jason Lane hired Bearkat Energy Partners, LLC, to buy mineral leases in Leon County, Texas. Lane intended to package the leases to sell to

> Cronkelton v. Guaranteed Construction Services, LLC Court of Appeals of Ohio, Third District, 2013 -Ohio- 328, 988 N.E.2d 656 (2013). The case before this Court stems from a real estate transaction for a foreclosed car wash in Bellefontaine, Ohio. [A cou

> Kennedy v. Shave Barber Co. Court of Appeals of Georgia, 348 Guap. 298, 822 S.E.2d 606 (2018). Background and Facts; Patricia Kennedy worked as a master barber for The Shave, a barbershop in the Virginia-Highland neighbourhood of Atlanta, Georgia. Under

> Cincinnati Reds, LLC v. Testa Supreme Court of Ohio, 2018 -Ohio- 4669, __ N.E.3d __ (2018). Background and Facts; Faced with rising ticket prices and increasing entertainment options, Major League Baseball organizations have experienced challenges in get

> Headspace International, LLC v. Podworks Corp. Court of Appeals of Washington, Division 1, 5 Wash.App.2d 883, 428 P.3d 1260 (2018). Background and Facts; Headspace International, LLC, creates and develops highly refined essential plant oils, including ca

> Testator Marion E. Peterson died in 2008. She was survived by her two siblings, Arvin Peterson and Carolyn Peterson Basner. After testator’s death, Vasta Lucas, testator’s long-time companion and executor of testator’s estate, filed a petition to probate

> Background and Facts, Ida Cannon was injured in an auto accident while operating a vehicle owned by Ivy Harp. Cannon was hospitalized for nine days. Because she did not own a vehicle and was not covered under any other policy, she submitted a claim for b

> Background and Facts, Michael Preston found a diamond ring on the floor of a Walmart store in Tumwater, Washington. He kept the ring and later pawned it. The ring belonged to Nicole Amacker who had removed it to assist a fellow shopper and then had forgo

> Laccetti v. Securities and Exchange Commission United States Court of Appeals, District of Columbia Circuit, 885 F.3d 724 (2018). Background and Facts; The Public Company Accounting Oversight Board investigated an audit by the Ernst & Young accounting fi

> Candelore v. Tinder, Inc. California Court of Appeal, Second District, Division 3, 19 Cal.App.5th 1138, 228 Cal.Rptr.3d 336 (2018). Background and Facts; Tinder, Inc., owns and operates the dating app, Tinder. The free version of the app presents users w

> Toll Processing Services, LLC v. Kastalon, Inc. United States Court of Appeals, Seventh Circuit, 880 F.3d 820 (2018). Background and Facts; Toll Processing Services, LLC, a subsidiary of International Steel Services, Inc., was formed to own and operate a

> Haywood v. Massage Envy Franchising, LLC United States Court of Appeals, Seventh Circuit, 887 F.3d 329 (2018). Background and Facts Massage Envy, LLC, is a franchisor based in Arizona that grants licenses to independently owned and operated entities for

> Heavenly Hana, LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan United States Court of Appeals, Ninth Circuit, 891 F.3d 839 (2018). Background and Facts, The Hotel Union & Hotel Industry of Hawaii Pension Plan is a multiemployer plan that repre

> Schaefer v. Orth Court of Appeals of Wisconsin, 2018 WI App 35, 382 Wis.2d 271, 915 N.W.2d 730 (2018). Background and Facts Jason Schaefer and Randy Orth created Grilled Cheese, LLC, to own and operate a “Tom and Chee” franchise, a casual restaurant spec

> When Penny Shambo began receiving Medicaid benefits, she and her husband William owned and lived in a house with an appraised value of $125,000 and a mortgage of less than $50,000 in Saratoga County, New York. After William died, their daughter, Melissa

> When Larry Neal died, Gary, his brother and the executor of his estate, applied to a Texas state court to probate Larry’s will. The will provided, “I do give and bequeath to my niece, Valorie Jean (Neal) White, all my personal effects and all my tangible

> Two organizations, Class A Investors Post Oak, LP, and Cosmopolitan Condominium VP, LP, owned adjacent pieces of property in Houston, Texas. Each owner-organization planned to build a high-rise tower on its lot. The organizations signed an agreement that

> Craig and Sue Shaffer divided their real property into two lots. They enclosed one lot with a fence and sold it to the Murdocks. The other lot was sold to the Cromwells. All of the parties orally agreed that the fence marked the property line. Over the n

> Mansoor Akhtar lived rent-free in the basement of Anila Dairkee’s duplex in Minneapolis, Minnesota, for more than a year. When Dairkee asked Akhtar to move out, he refused. She changed the locks and advised him to remove his property from the duplex. But

> Anastasio Guerra agreed to loan his pickup truck to Gina Mandujano so that she could go grocery shopping in exchange for her making him lunch. When Mandujano drove out of the store’s parking lot, the truck’s power steering failed. Her wrist was caught in

> Brandy Sutton was the sole owner of the law firm Pendleton & Sutton in Lawrence, Kansas. Sutton offered a retirement plan as a benefit to the members of her staff. Each employee could contribute up to 3 percent of his or her salary. Sutton withheld the c

> Solomons One, LLC, was formed to develop waterfront property in Maryland. Vernon Donnelly was a member of the LLC and served as the company’s counsel. The state denied Solomons’s request for a permit to build a pier. Donnelly appealed the denial. Meanwhi

> Bennett, Inc., offered a substantial number of new common shares to the public. Harvey Helms had a long-standing interest in Bennett because his grandfather had once been president of the company. On receiving a prospectus prepared and distributed by Ben

> Apple, Inc., controls which apps can run on its iPhone software. Apple’s App Store is a website where iPhone users can find, buy, and download the apps. Apple prohibits third-party developers from selling iPhone apps through channels other than the App S

> S&P Brake Supply, Inc. v. Daimler Trucks North America, LLC Montana Supreme Court, 2018 MT 25, 390 Mont. 243, 411 P.3d 1264 (2018). Background and Facts S&P Brake Supply, Inc., was the sole authorized dealer for Western Star Trucks in Yellowstone County,

> PRC-Desoto International, Inc., makes and distributes more than 90 percent of the aerospace sealant used in military and commercial aircraft. Packaging Systems, Inc., buys the sealant in wholesale quantities, repackages it into special injection kits, an

> Sevenson Environmental Services was hired to clean up a Superfund site in Manville, New Jersey, where the soil was contaminated with creosote. (Creosote is a flammable, oily mixture of chemical compounds often used for preserving wood or as a pesticide.)

> Olivia Chernaik and other Oregon residents filed a suit in an Oregon state court against Governor Kate Brown and other state officials. According to the plaintiffs, the state holds “vital natural resources,” including water, air, land, and wildlife, in t

> In Richland, Washington, Robert Ingersoll planned his wedding to include about a hundred guests, a photographer, a caterer, a wedding cake, and flowers. Ingersoll had been a customer of Arlene’s Flowers and Gifts for more than nine years and had spent se

> Rainbow School, Inc., has run a child-care facility in Fayetteville, North Carolina, for more than twenty years. In addition to using the word “rainbow” in its name, the school uses rainbow imagery on its logo. Rainbow Early Education Holding, LLC, opera

> The Delaware River Port Authority (DRPA) solicited bids to repaint the Commodore Barry Bridge, a mile-long structure spanning the Delaware River between New Jersey and Pennsylvania. Alpha Painting & Construction Company, an experienced contractor that ha

> The Sikh Cultural Society, Inc. (SCS), petitioned the United States Citizenship and Immigration Services (USCIS) for a special immigrant religious worker visa for Birender Singh. The USCIS denied the request for several reasons. Despite certain statutory

> First Solar, Inc., is one of the world’s largest producers of photovoltaic solar panel modules. When First Solar revealed to the market that the company had discovered defects in its products, the price of the company’s stock fell, causing the shareholde

> Nan Huang was a senior data analyst for Capital One Financial Corporation. In violation of the company’s confidentiality policies, Huang downloaded and analyzed confidential information regarding purchases made with Capital One credit cards at more than

> R.A. Yancey Lumber Corporation owned a sawmill in Yancey Mills, Virginia, as well as 2,500 acres of land from which it sold timber. Dick Yancey, Dan Yancey, and Sarah May were the firm’s directors. Dick, Dan, their spouses, Sarah, and Sarah’s ex-husband,

> Encino Motorcars, LLC v. Navarro Supreme Court of the United States, __ U.S. __, 138 S.Ct. 1134, 200 L.Ed.2d 433 (2018). Background and Facts Encino Motorcars, LLC, owned a Mercedes-Benz dealership in California. Encino employed service advisors whose du

> Apollo Global Management made a tender offer to the shareholders of Diamond Resorts International. Stephen Cloobeck, the founder of Diamond and the chairman of its board, did not approve of the deal because “he was disappointed with the price and the com

> The Watergate Hotel in Washington, D.C., obtained a loan from PB Capital. At this time, hotel employees were represented by a labor union, and under a collective bargaining agreement, the hotel agreed to make contributions to an employees’ pension fund r

> Hewlett-Packard Company (HP) hired detectives to secretly monitor the phones and e-mail accounts of its directors to find the sources of leaks of company information to the media. When the government learned of the monitoring, criminal charges were broug

> M&M Country Store, Inc., operated a gas station and convenience store. Debra Kelly bought M&M from Mary Millett. Under the purchase agreement, Millett was to remain as the corporation’s sole shareholder until the price was fully paid. A default on any pa

> The University of Missouri requires employees to disclose inventions developed during their employment so that the university can choose whether to exercise the right to ownership. Galen Suppes was an associate professor at the university, and the univer

> Armour Pipe Line Company assigned leases to its existing oil wells in Texas to Sandel Energy, Inc. The assignment included royalties for the oil produced from the wells. Armour specified that the assignment “does not pertain to production attributable to

> In New York City, 2406-12 Amsterdam Associates, LLC, brought an action in a New York state court against Alianza Dominicana and Alianza, LLC, to recover unpaid rent. The plaintiff asserted cause to pierce the corporate veil, alleging that Alianza Dominic

> Limited Liability. Vision Metals, Inc., owned and operated a pipe manufacturing facility that caused groundwater contamination. The Texas Commission on Environmental Quality (TCEQ) issued a plan that obligated Vision to treat the water and monitor the tr

> Q Restaurant Group Holdings, LLC, owns and operates Q-BBQ restaurants. Michael Lapidus managed the restaurants and conducted the day-to-day operations. This included bargaining with the restaurants’ vendors, buying the supplies, keeping the books and rec

> Floyd Finch and Bruce Campbell were partners in a law firm. They did not have a written partnership agreement, but they shared the firm’s expenses and profits equally. The partnership operated on a cash basis, using billing software to track time spent o

> Background and Facts, Fred and Sandra Navarra were married and lived in New Wilmington, Pennsylvania. Each of their wills provided that 70 percent of the residuary estate would pass to Fred’s legatees—his children from a previous marriage: Richard Navarr

> Marc Malfitano and seven others formed Poughkeepsie Galleria as a partnership to own and manage a shopping mall in New York. The partnership agreement stated that “all decisions to be made by the Partners shall be made by the casting of votes” with “no l

> Chrysler, LLC, awarded a Chrysler-Jeep franchise in Billings, Montana, to Lithia Motors, Inc. Lithia exceeded the sales goals and other expectations expressed in the franchise agreement. Later, Chrysler approved an application by Rimrock Chrysler, Inc.,

> Tom George was the sole owner of Turbine Component Super Market, LLC (TCSM), when its existence was terminated by the state of Texas. A TCSM creditor, Turbine Resources Unlimited, filed and won a suit in a Texas state court against George for breach of c

> McLane Company is a supply-chain services company that distributes goods to retailers. McLane requires employees with physically demanding jobs to have physical evaluations, both when they start work and when they return after medical leave. After workin

2.99

See Answer