BRuh

NO

Advance Dental v. SunTrust

Priority of Laws, UCC conversion rules overrule claim of negligence

Coomer v. Royals

Can’t sue for inherent risk (Baseball Rule)

Abdouch v. Lopez

Long Arm Jurisdiction, and adequate minimum contact needed to be hailed into court

Hertz v. Friend

Diversity Jurisdiction “nerve center” control corporations activities.

Gonzales v. Raich

Congress can regulate intrastate activities that affect interstate commerce. Commerce clause

Citizens United v. Fed Election Commission

Corporation has right to political free speech (most amount of protection)

MDM Group v. CX

Only agent in principal agent relationship owes fiduciary duty

CBS Corp v. FCC

Respondeat Superior does not apply to independent contractors

Sanders v. Madison Square

Faithless Servant Doctrine (a way to recover for agents breach of fiduciary duty) had to be related to breached pertaining to agents scope of authority

Treadwell v. JD Construction

Agent can be held personal liable if he does not disclose or identify principal or acts on behalf of non-existent principal.

Green v. Cosby

Employer can have direct liability for actions in supervising agents. Respondeat Superior for torts committed by employees.

Louis Vuitton v. Haute Diggity Dog

Fair use as a defense to TM infringment includes parody. Trademark Dilution is also a thing I guess

Lindh v. Surman

Conditional gifts must be returned if condition does not occur.

Mogilevksy v. Rubicon

Trade fixtures may be removed as they are tennants personal property.

Francini v. Godspeed Airport

Easements by necessity are legal rights to landlocked property that were at one time under common ownership. Utilities included.

Wendzel v. Feldstein

landlord cannot be excused from statutory liability to protect tenants from foreseeable risk. Landlord can requite tenant to indemnify (compensate or reimburse landlord for damages)

Palese v. Delaware

Palese could not sue in quasi-contract because a real unilateral contract was created.

Gottlieb v. Tropicana Hotel

With memberships consideration exists. The member suffers the inconvenience of signing up and the organization gets the members info.

Timothy v. Keetch

About justifiable reliance. A person does not act justifiably if they rely on an assertion that is obviously false or not to be taken seriously. Part of this is determining the extent which the relying part is responsible for investigation.

Young v. Weaver

Minors lack capacity unless they they are contracting for a necessity. In this case it was not a necessity (the apartment) because young could come home.

Clark’s Sales v. Smith

Non-competes are heavily scrutinized by the courts. They must serve employer’s legitimate interests and be reasonable.

Industrial Development Board v. Montgomery

Assignment is different than delegation. Assignment transfers assignors rights. Delegation still leaves delegator liable.

Arthur Anderson v. U.S.

Jury was not properly informed of intent (mens rea).

Shaw v. U.S.

Defendant had mens rea (intent) to deceive bank by meaning to commit a crime. He didn’t need to try or have the intent to specifically commit a crime against the bank.

Mathias v. Accor

About criminal intent and whether they should take responsibility for punitive damages when being grossly negligent? It’s the bedbug case.

Jordan v. Jewel Food Stores

This case was about commercial appropriation since it is not protected by the first amendment.

Currie v. Chevron

Duty of care is an element of negligence. Risk of harm was foreseeable so they were held liable.