Critical thinking and the ethics cases Ch.16 – Flashcards
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Menendez v. O'Neil(Facts)
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-A Vehicle driven by Michael O'Niell crashed wile traveling on Louisiana Highway 30 -Vanessa Savoy a 19 year old passenger sustained server injuries -O'Neil who is under the drinking age had been drinking at Fred's Bar and Grill prior to the accident -Vanessa sued O'Neil and Fraioli
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Menendez v. O'Neil(Decision)
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The court held that Fraioli was not personally liable for the debts of the Triumvirate corp because as a shareholder he has limited liability
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16.1 Northeast Iowa Ethanol, LLc v. Drizin(Facts)
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-Local farmers in Manchester, Iowa, decided to build an Ethanol plant. -The farmers and other investors invested $3,865,000 and formed Northeast Iowa ethanol LLC -The project needed $20 million more -Jerry Drizin formed Global Sydicate to help raise money -Drizin used these company to steall NIE LLC funds -Sued by NIE LLC
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16.1 Northeast Iowa Ethanol, LLc v. Drizin(Decision)
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The plaintiffs were able to obtain a money judgment against Drizin personally for civil fraud
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16.2 Billy v. Consolidated Machine Tool Corp(Facts)
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-Joseph M. Billy was an employee of the USM Corp -Billy was at work when a 4,600 pound ram crushed him to death -Billy's widow sued claiming defects in the machine caused hes death
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16.2 Billy v. Consolidated Machine Tool Corp(Decision)
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-The shareholders of USM Corp cannot be held personally liable because as shareholders they have limited liability
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16.3 Mysels v. Barry(Facts)
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-Leo V. Mysels was the president of Florida Fashions of Interior Design -Was a Pennsylvania corp -Never registered in the state of Florida -Francis E. Barry sued Florida Fashions when it failed to perform its obligations
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16.3 Mysels v. Barry(Decision)
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-The trial court judgement finding that the defendant Mysels was personally liable was reversed on appeal largely due to a technicality which under Florida law agency existed with the defendant corporation and Defendants Mysels
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16.9 Chelsea Industries Inc v. Gaffney(facts)
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-Lawrence Gaffney was the president and general manager of Ideal Tape Company -Gaffney and 3 others used their position at Ideal to travel around the country to gather business information while planning to open a competing business
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16.9 Chelsea Industries Inc v. Gaffney(decision)
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The plaintiffs were able to recover significant money damages from gaffney and the other individuals which included cost of hiring replacement employees and other cost
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16. 7 Comedy Cottage, Inc v. Berk(facts)
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-Edward Hellenbrand ran a comedy club know as the comedy cottage -The business was incorp with hellenbrand and his wife as sole shareholders -The corporation leased the property in which the club was located -Hired Jay Berk as a general manager -later promoted to vice president and given 10% of stock -After the lease expired Berk renewed under his name instead of the company -Helllenbrand sued Berk for an injunction to prevent Berk from leasing the building
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16. 7 Comedy Cottage, Inc v. Berk(Decision)
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-Berk was found to have breached his fiduciary duty and thus the court blocked berk from operating a new club at the former premises of the comedy club
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M R. Watters of Wildhorn Ranch(facts)
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-M.R. Watters was the majority shareholder of the wildhorn Ranch, Inc. -Corp run out of his home in Rocky Ford Colorado -Had no other shareholders -Two guest drowned and their families sued Watters personally
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M R. Watters of Wildhorn Ranch(Decision)
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The jury found that the corp was essentially the alter ego of Watters and assessed damages Watters personally
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Creative Resource Management v. Nashville Pro(facts)
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-Mr.Soskin owned a minor league hockey team -Creative Resource Management entered into a service contract with Mr.Soskin -Included a personal guarantee by Mr.Soskin to pay any unpaid invoice -Sued Mr.Soskin for failing to pay the contract
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Creative Resource Management v. Nashville Pro(Decision)
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Soskin was found to be personally liable abd creative resource could recover debt