MEMO QUESTION PRESENTED A. Given the long-arm statute, does the Tennessee state or federal court have proper personal jurisdiction over Wal-Mart and Smith Family Farms? B. In which other states or districts could the court have proper jurisdiction over Wal-Mart and Smith Family Farms? CONCLUSION DISCUSSION A court may not exercise power over a defendant if doing so would deprive them of life, liberty, or property without due process of law. Due process requires notice and that the defendant is constitutionally and statutorily amenable to trial. In order to be statutorily amendable, one must examine the state’s long-arm statutes, which authorize courts to exercise jurisdiction over defendants based on specific types of contacts with the forum
The facts in this case are that Harvey Pierce ambushed and shot Robin Kerl and her fiancé David Jones in the parking lot of a Madison Wal-Mart where Kerl and Jones worked. Kerl was seriously injured in the shooting, and Jones was killed. Pierce, who was Kerl’s former boyfriend, then shot and killed himself. At the time of the shooting, Pierce was a work-release inmate at the Dane County jail who was employed at a nearby Arby’s restaurant operated by Dennis Rasmussen, INC. Pierce had left work without permission at the time of the attempted murder and murder/suicide. Kerl and Jones’ estate sued DRI and Arby’s, INC. As in pertinent to this appeal, the plaintiffs alleged
There is no rule that has been set that or law that has been written saying that any business whether large or small has to protect other businesses in the community in which it is located in. While because Wal-Mart has grown so big and its effecting small businesses all over the United States it almost feels like it should have to it still does not.
The Alison Peterson v. Grocery Depot Inc tort lawsuit is about an incident that occurs in countless grocery stores across the United States. Peterson is alleging Grocery Depot Inc. was negligent in their duty of care to her as a business visitor. Grocery Depot Inc. as a property owner has a legal duty to maintain the grocery store premises in a safe and hazard free condition or to warn a customer about any situation that could be dangerous. Peterson alleges Grocery Depot Inc breached this duty, which resulted in her slip and fall.
Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)
Recently in Bowling Green, OH- Judge Robert Pollex ruled in the favor of Ohioan farmers who were being sued by Kinder Morgan, attempting to forcibly take their land under the guise of eminent domain.
This means that Virginia's courts have no jurisdiction over Zelek and they can't be sued in that state. This is because even though corporations are considered legal entities, this applies only to the state they were founded in and the states they do business in. Because they do no business in Virginia, Zelek is not considered a legal entity there. This means that Virginia's courts have no jurisdiction over Zelek and they can't be sued in that state. This is because even though corporations are considered legal entities, this applies only to the state they were founded in and the states they do business in. Because they do no business in Virginia, Zelek is not considered a legal entity there. This means that Virginia's courts have no jurisdiction over Zelek and they can't be sued in that state. This is because even though corporations are considered legal entities, this applies only to the state they were founded in and the states they do business in. Because they do no business in Virginia, Zelek is not considered a legal entity there. This means that Virginia's courts have no jurisdiction over Zelek and they can't be sued in that
Plaintiff, Kaycee Land and Livestock, opened a case to hold Defendant, Roger Flahive, personally liable for (contamination) damages after an agreement made by Flahive’s LLC, Flahive Oil & Gas. The District Court of Johnson County presented the case to the Supreme Court of Wyoming to determine if Flahive could be held personally liable. Kaycee Land and Livestock contracted with Flahive Oil & Gas in order to use the surface of the land to raise the Plaintiff’s livestock. Kaycee Land and Livestock claims that Flahive Oil & Gas contaminated the surface area, leaving it useless for Kaycee Land and Livestock’s needs. Flahive Oil & Gas does not have any assets. Therefore, Kaycee Land and Livestock wants to use general corporate veil-piercing principles
To begin, this Court shall review Jurisdiction over this matter. Congress passed a federal statute that reads “The Supreme Court of the United States shall have original Jurisdiction over any cases involving this offense…” as to punishing individuals to three years in prison for the use, transport and/or to consume butter beer. To this, we refer to our Constitution that establishes matters that have original jurisdiction, Art. III S. 2 “The Judicial Power shall extend to all cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority… In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction”. The case of Marbury v. Madison interprets matters of original Jurisdiction, “The 1789 act to establish the Judicial courts of the United States authorizes the Supreme Court to issue writs of mandamus, however this can only be granted when the Court has original jurisdiction, in al other cases, the Court shall have appellate jurisdiction, both as law and fact…” furthermore, we consider, if this statute was good law, it would make the state a party, to that we turn to Cohens v. Virginia, a case that reviews the Jurisdiction of this Court in criminal cases, which came to the conclusion that just because a state is involved in a criminal party claim, the Supreme Court does not have original jurisdiction over it. As established by the Constitution, and case law
This case determines whether or not the Ordinance 02-02 of Polishtown violates the Dormant Commerce Clause by discriminating against interstate franchise companies, and whether the burden of interstate business outweighs local benefit. After hearing the Petitioner and Defendant briefs I voted to affirm the appellate court’s decision that ordinance in question violates the Dormant Commerce Clause and therefore is rendered invalid. My decision stems from three factors: 1) the ordinance is in direct contradiction of the Dormant Commerce Clause by establishing regulations that aim to directly discriminate interstate franchise corporations. 2) Polishtown does not adequately provide legitimate purpose to justify these discriminatory regulations.
The court’s decision was a motion to dismiss. The court’s reason behind this decision was the fact that the only interaction between these two companies are the trademark available on their website, which is accessible to everyone. Although the website was available in Massachusetts as well, All American’s service is only available in Arizona and never performed any plumbing services or conducted any business in Massachusetts.
The Supreme Court first took issue upon the Due Process Clause. The Due Process Clause states that no state shall prohibit a state from taxing an out-of-state corporation unless there is a minimal connection between the company’s interstate activities and the taxing state. Due process centrally concerns the fundamental fairness of governmental activity. The Court found that Quill did have enough presence to establish nexus under the “minimum connections” due to the evolving market conditions as well as the fact they had availed themselves of the services of the state and directed its activities to their residents. Thus, the Supreme Court agreed with the North Dakota Supreme Court’s conclusion that the Due Process Clause does not bar enforcement
According to the quote, the writer is saying that he is willing to work with anyone as long that it is going to benefit the need of consumers. Throughout the story, Allen expressed his dislike for walmart. He once said “Walmart seems to be everything I was against.”(p.224). But after Jerry kaufman statement, Allen board president, Allen’s perspective changed. Jerry Kaufman said “ How do we deal with the industrial agricultural system. Are we going to take the position that we want to it to away? Or do we recognize that it’s still a nine-hundred-pound gorilla in the living room, and that it won’t go away, but maybe that we can change it ways?” (p.224). Since Allen was persuaded by their board president statement, when walmart offered him a good
The federal court system would have particular jurisdiction in this case. Yes, It is possible for this case to have concurrent jurisdiction with state courts.
From reading the case study, it is evident Nike ships manufacturing to factories in developing countries to take advantage of low wages and poor human right laws so that they can gain financially. They can in turn spend more money on innovation and big market campaigns. Legally, they are doing nothing wrong, but ethically they are committing a serious crime.
Much of the popularity of supply chain management has been attributed to the success of Walmart’s partnership with Procter & Gamble (P&G). During the 1980s, the two collaborated in building one of the first Collaborative Planning, Forecasting, and Replenishment (CPFR) systems, a software system that linked P&G to Walmart’s distribution centers, taking advantage of advances in the world’s telecommunications infrastructure. When a Walmart store sold a particular P&G item, the information flowed directly to P&G’s planning and control systems. When the inventory level of P&G’s products at Walmart’s distribution center got to the point where it needed to reorder, the system automatically alerted P&G to ship more products. This information helped P&G plan its production. Walmart was also able to track when a P&G shipment arrived at one of its distribution warehouses, which enabled it to coordinate its own outbound shipments to stores. Both Walmart and P&G realized savings from the better inventory management and order processing, savings that in turn were passed on to Walmart’s consumers through its everyday low prices.