...Glen v. Club Mediterranee, S. A. Facts * Elvira de la Vega Glen and her sister, Ana Maria de la Vega Glen, were Cuban citizens and residents who jointly owned a beachfront property on the Peninsula de Hicacos in Vandero, Cuba. * In 1959, The Cuban government expropriated the property without paying the Glens and they fled Cuba. * Anna died and the Vandero beach property was passed to her nephew, Robert M. Glen. * Approximately, forty years after the property was taken by Cuba, Club Mediterranee, S.S., and Club Med entered into a joint venture with the Cuban government to develop the Glen Property. * The Glens sued Club Med in a U.S. District Court located in the state of Florida where the original Glens’ had fled. * The U.S. District Court held that the act of state doctrine barred recovery by the Glens and dismissed the Glens’, claims against Club Med. * The U.S. Court of Appeals applied the act of state doctrine and affirmed the judgment of the U.S. District Court that dismissed the Glens’ claim against Club Med. 1. The act of state doctrine prevents any court in the United States from declaring that an official act of a foreign sovereign performed within its own territory is invalid. That means that states that an act of a government in its own country is not subject to suit in a foreign country’s court. 2. The Cuban government did not act ethically when they expropriated the Glens’ property. Club Med did not act ethically when they...
Words: 1195 - Pages: 5
...Individual Discussion BUS/415 December 8, 2011 Elaine and Roy Incorporating their home health agency gives them limited liability. The health care field has the potential for malpractice lawsuits, and this can bankrupt a small business. Elaine and Roy will not be personally responsible for the corporation’s debts or obligations. They will create a closely held corporation than may have themselves as shareholders versus a public corporation that would have thousands of shareholders. The process of incorporating begins with choosing which state they will incorporate in. Once that decision is complete, Elaine and Roy will file an article of incorporation or corporate charter with the secretary of state. The article of incorporation must include the name of the corporation, the number of shares it is authorized to issue, the address of their office and name of registered agent, and name and address of each incorporator (Cheeseman, 2010, p. 288). After filing their corporate charter Elaine and Roy will need to hold an organizational meeting with the initial directors and adopt their bylaws, conduct any business needed and elect officers (Cheeseman, 2010, p. 289). After their 10-year anniversary Elaine and Roy want to dissolve their corporation. This is called a voluntary dissolution and an article of dissolution must be filed with the secretary of state. At that point the corporation may not carry on business except to wind up and liquidate its...
Words: 459 - Pages: 2