Amanda is a twenty-four year old student. For two years Amanda has been going to a gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine,Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.

a.) If Amanda decides to file suit, describe the process. What options would Musclematic have to respond to the suit?

b.) How would you advise Musclematic to respond? What options should Muscluematic consider when deciding between settlement and litigation

 

You own Priscilla’s Pecans. You employ five people and sell your pecan products in one town in Georgia. Your products are not sold in any other state.

The federal government imposes regulations on the pecan industry. The Georgia Legislature issues its own safety laws that are stricter than the federal rules. Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations.

The regulations raise the cost of doing business. To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly.You donate $10,000 to the campaign of Lucinda Snopes, a friend who is running for the legislature. She opposes the pecan law.Buddy Reeves, the county attorney, reads the label criticizing the new safety regulations. He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce. He instructs the sheriff to seize your products in order to stop distribution of your statement, which the sheriff does.You contact attorney Travis Shifflett and ask him to represent you.

a.) Discuss the constitutionality of both the federal and state laws relating to the sale of pecans.

b.) What are the implications of Buddy Reeves actions? Is there a free speach issue? How might Buddy Reeves regulate speech?

c.) What should you consider when making a political contribution? How is the candidate to respond?

 

 

 

 

Ellen contracts with James to be her stockbroker, making stock trades for Ellen’saccount. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating “that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules ofthe New York Stock Exchange.

Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.

Describe the arbitration process.

What are the parties options should they not like the outcome?

Yoshi, a Japanese citizen working in Atlanta for his Tokyo firm, decided to rent an airplane and fly himself to the Annual Catfish and Zydeco festival in Thibodaux,Louisiana. He rented a small plane to fly there. Over Alabama, thunderstorms formed. Because Yoshi was not trained to fly by instruments, he decided to land atthe next airport.

As he searched for a runway, Yoshi heard a loud clank followed by silence as the engine died. He tried to land in a field but crashed. While recovering in a rehabilitation center in California, Yoshi filed suit there against the Atlanta Airportand the owners of the airplane, alleging that they were negligent in their maintenance.

a.) What would Yoshi need to do to obtain personal jurisdiction over the owner of  the airplane?

b.) What would Yoshi need to do to have the issue heard in federal court?

c.) The Atlanta airport is a corporation. California has a long-arm statute. What would Yoshi need to establish to use the statute to exercise jurisdiction over the airport?

 

 

 

 

PLEASE ANSWER ALL WITHOUT PLAGRARISM!!! THIS IS MY FINAL GRADE !!!! PLEASE DO NOT COPY AND PASTE!