Reference no: EM133193886 , Length: 8 pages
INSTRUCTIONS
(1) Read the case.
(2) Provide a paragraph with more than five sentences (i.e., in the section for "Purport") that interprets the theme of the case, based on concepts learned in Chapters 1, 2, [5], 7, 8, 11, or 20).
(3) In at least three sentences, answer the questions. (Make sure you justify your answers with learned concepts of law.
Case 1 2.1. Gardner-Denver is the largest manufacturer of ratchet wrenches and their replacement parts in the United States. Gardner-Denver had two different lists of prices for its wrenches and parts. Its blue list had parts that, if purchased in quantities of five or more, were available for substantially less than its white list prices. [D. E. Rogers Assoc., Inc. v. Gardner-Denver Co., 718 F.2d 1431 (6th Cir.)]
2.2. Purport: Intepretation (Times Romans Font-10-Points; single space)
2.3. Question 1: Did Gardner-Denver engage in price discrimination with its two price lists?
2.4. Questions 2: Assuming that Gardner-Denver has engaged in price discrimination, what law would be violated in such situation?
2.5. Questions 3: Which agency of the federal government is responsible to investigate cases that may involve price discrimination?
Business Law Case
3.1 catherine Bosley worked as a television news anchor for WKBN Channel 27 in Youngstown, Ohio. While on vacation with her husband in Florida she participated in a "wet t-shirt" contest, which was videotaped without her consent by DreamGirls, Inc. and licensed to Marvad Corp., which runs a Web site for adult entertainment through a subscription service on the Internet. Marvad used depictions of her in advertisements to promote the materials and services it markets. Web site searches related to Catherine Bosley in 2004 were the most popular search on the World Wide Web. Due to the publicity, she resigned from her position at WKBN. Bosley sought an injunction against the defendants from using her image in any manner that promotes the sale of their goods or services. The defendants contend that an injunction would violate their First Amendment rights. [Bosley v Wildwett.com, 310 F. Supp. 2d 914 (N.D. Ohio)]
3.2. Purport: Interpretation (Times Romans Font-10-Point; single space)
3.3. Question 1: What legal theory did Bosley rely on to seek the injunction?
3.4. Question 2: Would an injunction be in violation of the defendant's First Amendment's rights?
3.5. Question 3: What would be a specific legal term used to describe a violation you may have interpreted to occur in the Bosley's case?
Business Law I: II--Case 3
4.1. Dr. Doyle E. Campbell, an ophthalmologist, established his practice in southern Ohio in 1971. Many of Dr. Campbell's patients are elderly people who qualify for federal Medicare benefits and state Medicaid benefits. Under the existing financing system, a doctor who treats a Medicare patient is required to submit a "Medicare Health Insurance Claim Form" (HCFA Form 1500). The doctor is required to certify that "the services shown on this form were medically indicated and necessary for the health of the patient and were personally rendered by me or were rendered incident to my professional service by my employees." Claims Dr. Campbell submitted for his elderly patients ranged from $900 to $950, of which $530 to $680 were covered by the Medicare program. The government alleged that Dr. Campbell billed Medicare for several treatments that were either not performed or not necessary. [United States v. Campbell, 845 F.2d 1374 (6th Cir.)]
4.2. Purport: Interpretation (Times Romans Font-10-Points; single space)
4.3. Question 1: What was the specific violation committed by Dr. Doyle E. Campbell?
4.4. Question 2: If Dr. Campbell were to be held legally liable, would his case be heard in what court and in what jurisdiction?
4.5. Question 3: Against who has the violation taken place?