...Cain MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted on the products...
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...need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Plaintiff child was burned by spilled restaurant coffee. Plaintiffs, the child and his mother, grandmother, and father, filed an action in breach of warranty, products liability, and negligence against defendants, the restaurant franchisor and franchisee. The trial court granted the motions of both defendants for summary judgment. Plaintiffs appealed. The court affirmed in part and reversed in part. The spilled coffee was not so unforeseeable as to constitute an intervening cause. Summary judgment was proper for the breach of warranty claims because they were pre-empted by the Ohio Products Liability Law. Summary judgment was wrongly granted...
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...Stephanie Van Horn Case 11-4 Dorris Reed, the plaintiff, purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago, because the murder would affect the value of the home. Dorris Reed, however, did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76,000 for the home but the value of the house, once the murder was taken into consideration, was only worth $65,000. Due to Dorris Reed failing to state a cause of action, the trial court sided with Robert King and his real estate agent. Dorris Reed appealed. Fraud is being looked at in the case of Reed vs. King. There are five elements to proving fraud, 1) material misrepresentation, 2) facts/knowledge, 3) intent, 4) reliance, and 5) damage (quoted from text book). Robert King and his real estate agent hid the first and second element of fraud. They knew about the murders and did not present Dorris Reed with this information, which would have affected Dorris Reed decision to buy the house. However, when dealing with the selling of real property, the question of materially is the main issue. Materiality is based on three conditions, 1) the gravity of the harm inflicted by nondisclosure, 2) the fairness of imposing a duty of discovery on the buyer as an alternative to compelling disclosure, and 3) the impact on the stability of contracts if rescission...
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...You Decide ES Review the Virginia Pollard case information located at the beginning of this project: You Decide ES. (If you click here, you will return to the face-sheet of the project area. To return to this page, click the Beginbutton again. You can do this all week.) To do well on this project, study the readings for this week and consider the work we did in Week 5. You may want to do some outside research for this project as well, reviewing recent case law on discrimination and harassment and including that in your answers to the project. Do not discuss this project with your classmates. You should do the work on your own. This project is "pooled," meaning your classmates may have different questions than you do. This project is worth 100 points toward your final grade. You can access this area all week and continue updating your answers until the end of the week – be sure to hit "save answers" before leaving each time! When you are done working on the project, hit "Submit for grade," and then it will be available in the gradebook for grading. Your role in answering the questions: You are the independent human resources consultant hired by Teddy's Supplies to help explain to the company what the case against them will entail. You have gleaned the facts from your investigations into the situation to date. You have never talked with Virginia Pollard. The case is currently in the appeals stage and the company executives have some questions for you. Answer them using the...
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...“Quitters Inc.” by Stephen King “Quitters Inc.” A Short Story by Stephen King from Night Shift, 1978 Mini-Reading Unit by Tracee Orman Practices reading comprehension, vocabulary, and figurative language. Quitters Inc. by Stephen King (published in Night Shift, 1978) Quitters Inc. Worksheet ©2008, T. Orman “Quitters Inc.” by Stephen King NOTE to TEACHER: This short story is appropriate for high school students (grades 10-12). It contains strong language that may not be appropriate for all students, so please use your own discretion. I use the movie “Cat’s Eye” as a companion to this story because the first story in the movie is based on “Quitters Inc.” Two differences: Dick Morrison’s son is a daughter in the movie (played by Drew Barrymore) and a cat is used for the “rabbit room.” We also read “The Contents of the Dead Man’s Pocket” by Jack Finney. If you choose to show the entire movie “Cat’s Eye,” the second story is called “The Ledge.” It is not similar in theme, but you could talk about the similarities as characters from both must go out on a ledge of a tall building. “The Ledge” story (from King’s Night Shift collection) does contain profanity/ language. This document includes: • Vocabulary crossword for Quitters Inc. • Additional vocabulary exercises (can be used before, after, or during reading) • Vocabulary definitions organizer • Pre-reading anticipatory questions • Content comprehension questions • Post-reading...
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...bartering and negotiating online. 8. Define m-commerce and explain its role as a market mechanism. 9. Discuss competition in the digital economy. 10. Describe the impact of e-marketplaces on organizations and industries. CHAPTER Content How Blue Nile Inc. Is Changing the Jewelry Industry 2.1 E-Marketplaces 2.2 Types of E-Marketplaces: From Storefronts to Portals 2.3 Transactions, Intermediation, and Processes in E-Commerce 2.4 Electronic Catalogs and Other Market Mechanisms 2.5 Auctions as EC Market Mechanisms 2.6 Bartering and Negotiating Online 2.7 E-Commerce in the Wireless Environment: M-Commerce and L-Commerce 2.8 Competition in the Digital Economy and Its Impact on Industries 2.9 Impacts of EC on Business Processes and Organizations Managerial Issues Real-World Case: Wal-Mart Leads RFID Adoption Appendix 2A: Build-to-Order Production ISBN: 0-558-13856-X 42 Electronic Commerce 2008: A Managerial Perspective, by Efraim Turban, David King, Judy McKay, Peter Marshall, Jae Lee, and Dennis Viehland. Published by Prentice Hall. Copyright © 2008 by Pearson Education, Inc. M02_TURB3315_05_SE_C02.QXD 9/4/07 7:54 PM Page 43 EC Application HOW BLUE NILE INC. IS CHANGING THE JEWELRY INDUSTRY Blue Nile Inc. (bluenile.com), a pure-play...
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...Lurance Saleh MGMT 520 Professor Samantha Burke 11-28-15 Week 5 You Decide A. The Case Facts Virginia Pollard was transferred to guard the film equipment in the main warehouse behind the storefront due to her high call volume of personal calls while at work. In her new position she experienced various harassments while at work from her fellow employees working in the warehouse. The harassments included filling the guard shack with trash, backing in a forklift up to the door and making it backfire in her ear, tapping her drawers shut, filling the guard shack with trash and locking her out of the guard shack where she sat in to watch the inventory. Virginia was also the recipient of sexual harassment when a delivery driver sat in her chair and she attempted to push him out he bent her over and spanked her. Steve King, Virginia’s supervisor rarely enforced Teddy’s rules against smoking, horseplay, foul language, and sexual harassment. It is also noted that Steve King also indulged in such behaviors along with the other staff. Teddy’s has a sexual harassment policy that can be exercised by reporting or filing a complaint to a superior such as a supervisor or reporting it anonymously through the website that has been setup by the company. Virginia Pollard signed a copy of the sexual harassment policy that Teddy’s supplies, but she did not file a complaint with a superior or through the website anonymously. During her NJ Human Rights Commission Hearing she...
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...Week 3 Assignment – Nadel et al. v. Burger King Corp & Emil, Inc. case Question #1 – What court decided the case in the assignment? The judgment was granted to the defendants for breach of warranty, negligent infliction of emotion, and premises liability. Later the judgment on product liability was reversed because of punitive damages because of the difficulty to prove that the coffee was defective and that the coffee was the reason that the child suffered burns. Question #2 – According to the case, what must a party establish to prevail on a motion for summary judgment? Questions #3 – Briefly state the facts of this case, using the information found in the case in LexisNexis. A child was burned A breach of warranty did not occur The spilled coffee was unforeseeable An adequate warning did not exist in regard to the coffee’s temperature Unable to determine if the coffee’s temperature was served too hot Unable to apply negligence resulting in emotional damage Question #4 – According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? According to the case, this was not a case of negligent infliction of emotional distress because the coffee was not actually spilled on the child by Burger King itself and the company did not take part in how the coffee was spilled on the child. The tort that was approved by the court was punitive damages. Punitive damages were approved because...
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...MGMT 520 Weekly Assignments Click Link Below To Buy: http://hwcampus.com/shop/mgmt-520/mgmt-520-weekly-assignments/ Or Visit www.hwcampus.com MGMT 520 Week 2 Assignment Administrative Regulations Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline...
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...Quick Scan Burger King Roos van Os & Tim Steinweg April 2008 SOMO Quick Scan Burger King SOMO Quick Scan Burger King Roos van Os & Tim Steinweg April 2008 2 SOMO Quick Scan Burger King Contents 1 2 2.1 2.2 2.3 2.4 2.5 2.6 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 6 6.1 6.2 6.3 6.4 6.5 7 7.1 7.2 7.3 8 9 Introduction ...................................................................................................................... 4 Company Profile: Burger King Holdings....................................................................... 6 Corporate Profile................................................................................................................ 6 Burger King Holdings’ corporate history............................................................................. 7 Burger King Holdings ownership and corporation structure............................................... 8 Market presence................................................................................................................. 10 Purchasing activities........................................................................................................... 11 Burger King Suppliers in the Netherlands .......................................................................... 11 CSR Sector Analysis ....................................................................................................... 13 Consumer...
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...liability to the sexual harassment case brought by Virginia Pollard, the company is vicariously liable for the conduct of its employees even though there is a sexual harassment policy in place. Virginia had become a victim of a hostile work environment supported by a supervisor with immediate authority over the employee. Pollard was working in a very stressful environment in which she (being the only female) was a minority being subjected to inappropriate language and other unwanted and uninvited behavior. Pollard was humiliated on a daily basis (i.e. pranks involving taping her drawers shut, locking her out of the guard shack, having a forklift backing up to the guard shack and backfiring into her ear) and also upset with the lack of support from her manager. In one incident Mr. King and the other warehouse workers put a sign on a truck that read "HARDHAT REQUIRED/BRA OPTIONAL." King and another employee called Pollard over to look at the sign and encouraged her to do as it said. This clearly indicates that Mr. King had knowledge of the harassment. Mr. King’s conduct was sufficiently serious to alter the conditions of Ms. Pollard’s employment and constitute an abusive working environment. Teddy’s Supplies can be held liable for the harassment of its supervisory employees because the harassment was pervasive enough to support an inference that the employer had "knowledge, or constructive knowledge" of it; under traditional agency principles Mr. King and the other male workers were...
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...Financial Analysis of the McDonald’s Corporation MCD, NYSE (New York Stock Exchange) One McDonald's Plaza, Oak Brook, IL 60523 Map +1-630-6233000 (Phone) +1-630-6235700 (Fax) Abstract McDonald’s is the most famous and well-known fast-food company in the world. This case study examines McDonald’s from a financial standpoint. This case study will be broken down in three parts. Discussed first will be a full description of McDonald’s corporation, including its background, followed by a financial overview with comments for each financial category reviewed, the a comparison of financial ratio’s between McDonald’s and it rival Burger King derived from their 2009 and 2009 annual reports. Finally a support will be provided based off of all findings. Part One: Company Description The McDonald’s Corporation is a well-known restaurant chain that franchises and operates fast food restaurants worldwide. Reuters (2011) states that each restaurant is operated either by the Company or by franchisees. This includes conventional franchisees under franchise arrangements, and foreign affiliated markets and developmental licensees under license agreements. The company’s mission is to be our customers' favorite place and way to eat (McDonald’s, 2011). Company history McDonald’s history originates in 1940, when it started out as McDonald’s Bar-B-Que by Dic and Mac McDonald. In 1948 McDonald’s was officially founded serving only nine items, which included a 15-cent hamburger...
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...Terrorist Organization the Ku Klux Klan 1 Terrorist Organization the Ku Klux Klan Excelsior College January 10, 2008 Terrorist Organization the Ku Klux Klan 2 Terrorist Organization the Ku Klux Klan The actions of this group have taught many lessons through out the United States, especially in the deep southern states. We will discuss particular cases that created fear and intimidation to an entire race of people. I feel the KKK from it’s beginning to the present preaches violence and hatred. This is a group that doesn’t believe that another race should have any civil or human rights now in the 21st century and have caused tough race relations within our society. The Klan has even committed murder at times to use as a display of power and control, together at meetings often dressed up in their white robes to be intimidating to others. Blacks have won the struggle for freedom from slavery, but now face a new struggle against racism and terrorism from the KKK. The number of incidents involving the Klan has since tapered off from the late 1960’s, but it still hasn’t vanished. I’ll address the beginning of the KKK along with hate crimes, effect of human relations and examples of violence used from past and present. It will be clear that the KKK organization is a terrorist activity no different from other known terrorist groups today. “Around 1865 in Pulaski,...
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