law & ethics for managers
Select two of the scenarios listed below and explain the best solution for each. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.
Dr. Delgado, a pediatrician entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.
Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your arguments with cases or scholarly articles from the South University Online Library.
Scenario 2—Intellectual Property
Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article’s authors was a student in his class. The daughter told her father about Klug’s copying, which took place without the father’s or publisher’s permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.
Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.
Mitchell Dawson and three of his friends purchased nonrefundable tickets from Live Nation Entertainment to attend a concert at the Straz Center in Tampa. The front of the ticket included a printed statement that the price included a $10 parking fee. Dawson and his friends hired an Uber driver to take them to the concert.
Frustrated at being charged for parking that he did not need, Dawson filed a lawsuit in federal district court against Live Nation arguing that the bundled parking fee was unfair since consumers were forced to pay it in order to attend the concert. He asserted the tying arrangement violated Section 1 of the Sherman Act.
Present the arguments that both parties to the lawsuit would make.
Select a winner and support your choice.
Scenario 4—Consumer Protection
On February 1, a salesperson for Metropolitan Life Insurance met with the Drakes at their home. The Drakes lived in a 55+ retirement community with a homeowners association that prohibited door-to-door sales. After facing a persuasive sales pitch about the importance of providing for the surviving spouse and their kids and grandkids, the Drakes signed a contract to purchase a life insurance policy for a total of $3000 per year. A down payment of $100 was required, with the remainder of the cost to be paid in monthly payments. Two days later, the Drakes had second thoughts about purchasing the insurance. Mr. Drake contacted the insurance company and stated that they had decided to cancel the contract. The insurance company said it would be impossible to cancel the first year and the Drakes would be in breach of contract if they did not make all of the payments.
Did Metropolitan Life Insurance violate any consumer laws by not allowing the Drakes to rescind their contract? Explain.
Recycling Genie is a new company that contracts with Best Buy and other electronics retailers for the collection old computers, monitors, televisions, and cell phones dropped off at their facilities. The electronics contain lead, mercury, and polyvinyl chlorides that are known to have toxicological effects such as cancer, kidney disease, and brain damage. Recycling Genie has been in negotiations to ship the e-waste to companies in China, Vietnam, and Mongolia.
What are the legal and ethical concerns with shipping e-waste to these countries?
Ginger and Allen lived together in New Mexico since 2011, but they were not married until July 2013. Allen purchased the home in 2008, prior to meeting Ginger. He did not add Ginger to the title after they were married; however, she contributed to the mortgage payments from 2011 until she started her business in 2013. In September 2013, Ginger inherited $55,000 from her father that she used to start a corporation, Fantastic Faces, a beauty consulting business
Ginger worked full time for Fantastic Faces, while Allen continued with his job teaching at the university. Allen made no contributions to Fantastic Faces. Due to limited financial resources, Ginger did not earn any salary until 2015.
In May 2013, Allen inherited 20 acres of farmland in Alabama from his grandfather. The land was leased to a local farmer. Allen visited the farm after the funeral in 2013 but did not return to Alabama. The rental income of $5,000 per year was deposited into the couple’s joint account. Allen filed for divorce in New Mexico on November 10, 2015.
Explain the how the court will determine the ownership of the house, farmland, and business based on New Mexico law.
Determine how the court would decide if the couple resided in your state instead of New Mexico.