Business Law Court Cases – Flashcards

Pub Zone has a no gang member policy. Owner allows gang members into the bar but only to use the bathroom. Kuehn gets beat up and sues.

Soldano's father was shot in the Happy Jack Saloon. Soldano went across the Street to the Circle Inn to use a telephone but the bartender refused. Soldano's father dies and he sued. Soldano wins because while the Circle Inn has no duty of care to the people in the saloon, they hindered someone from trying to help.

Michael Carneal shot and killed several students. Parents of the deceased sued video game companies for exposing Carneal to shooting and guns. The trial court granted defendant's motion to dismiss because Carneal's actions were not foreseeable to impose a duty of care to the video game companies.

McCollum committed suicide while listening to Ozzy Osbourne. His parents sued CBS and Osbourne because the artist and his label should've known the lyrics to several of his songs could cause suicidal thoughts. CBS is not held liable because they were protected by the First Ammendment.

A woman under the alias of "Jane Roe" wanted an abortion but it was declared illegal in Texas unless the woman was a victim of rape. The case reached the Supreme court and ruled that illegal abortion violated the 9th amendment of the constitution.

Plessy was a man who was 1/8th black and sitting in the white section of the train. Plessy was arrested and the case was brought to court. The Supreme court ruled that segregation was legal as long as the facilities were equal.

Brown and other parents sued the Arkansas board of education because the education they provided was not equal. It also violated the Equal Protection clause and "separate but equal" has no place.

A train struck a man and he was killed. Employees saw but didn't help and weren't held liable because they had any duty of care(because Cappier had caused the injury). Court held that the Railroad had no duty of care.

o Facts: Prosenjit Podder killed Tatuaba Tarasiff. The plaintiffs, Tatiana's parents, sued the university with claims that Podder had confided in university psychologist Dr. Lawrence Moore his intent to kill Tatiana and he should have taken action. o Issue: Was Dr. Moore obligated to protect Tarasoff? o Decision: The therapist did determine and predict that Podder would kill and failed to warn. If his patient poases a serious danger of violence to others, he bears a duty to protect the potential victim from the patient. o Opinion: Seems obscure, hard to predict. How many patients claim to want to murder but will never commit the act?

Facts: 1964 Civil Rights Act. In North Carolina, Duke Power Co. required a test and high school diploma in order to receive promotions. The requirements were challenged as discrimination under the 1964 Civil Rights Act. Issue: How should the Act be enforced? Decision: The aim of Title VII was to "achieve equality of employment opportunities." If a practice excludes African Americans and cannot be shown to be related to job performance, then the practice is prohibited. Tests must be related to job performance.