The Mad-About-Milk organization
INSTRUCTIONS: This writing assignment consists of three cases. Read each case carefully and using the material covered in Module 1 analyze each of the cases. To demonstrate your understanding, use and apply the relevant legal concepts, rules of law, and issues in your answers. Compose your answers using your word processing program and submit your completed assignment here by browsing to the file on your computer and clicking “Upload This File.” Include your name, the assignment name [Module: 1], and your course and section number at the top of the paper. Total length guideline: 1-2 pages total.
- California fluid milk standards, established by state regulators, are the highest in the U.S. California produces and sells the most nutritious milk in the country, California law requires milk producers to add extra nutrients and vitamins to milk before it can sold in grocery stores. The state is trying to maintain the good health of its residents, and is especially interested in preventing osteoporosis. The state’s regulation imposes the same requirements on out-of-state producers who want to sell milk in California. According to the law, all milk sold in California must meet the state’s nutrition requirements. The Mad-About-Milk organization wants to challenge California’s regulations as unconstitutional because milk producers outside of California would have to make substantial and very costly changes in production plants before they could sell milk in California. California is a fairly new milk producing state and appropriate equipment is installed as the factories are being built. Do the Mad-About-Milk organizers have a legitimate argument regarding the requirements for selling milk produced out-of-state to the state of California? Does the regulation violate the interstate commerce act?
- At 9:30 p.m. on February 3, 1995. Mary Ann Eckstein was driving her vehicle along a windy, unlit stretch of road. Ahead of her, Joan Sandow had parked her car on the left side of the street to walk across the road and distribute materials into the mailboxes on the right side of the road. Sandow was wearing dark clothes and a black raincoat. Eckstein was driving down the roadway using her high beams and slowed down when she saw Sandow’s car on the side of the road. Eclstein then felt her car hit something and stopped to investigate. After she exited her car, she saw Sandow in the road. Sandow filed a negligence claim against Eckstein, seeking compensatory damages. Eckstein responded to the lawsuit by alleging contributory negligence. The plaintiff responded by arguing that motorists have an added duty of care for pedestrians. The trial court found for Sandow. How do you think the appellate court found? What is the basis for your decision?
- The plaintiff, Lone Star Steakhouse, operates over 30 Lone Star Steakhouse & Saloon restaurants in the U.S. The trademarks “Lone Star Café” and “Lone Star Steakhouse & Saloon” are owned by Lone Star Steakhouse. Clothing and accessories with the logo are sold in restaurants. In 1991 the defendant, Alpha, opened a restaurant named “Lone Star Grill” in Arlington, Virginia. Alpha conducted extensive advertising in the Virginia and Washington, C.C., area. The advertisements featured coupons with the words Lone Star and a five point star similar to the one used by Lone Star Steakhouse. Lone Star Steakhouse operates four restaurants in Virginia and one restaurant in Washington, D.C. It testified that on several occasions customers presented coupons for Lone Star Grill. To prevent customer dissatisfaction, Lone Star Steakhouse would give customers free drinks, coupons, or meal discounts. Lone Star Steakhouse & Saloon brought a trademark infringement action against Lone Star Grill. How do you think the court decided and why. What is the basis for your decision?
……………….Answer Preview………………….
The mad about milk organization have legitimate claim if indeed the new requirements are not constitutional. The state should be pushed to give milk producers outside of California more time to adjust their factories in order to meet the state regulation. Alternatively, the mad about milk organization should request the state of California help them meet the cost of the new incentives. Milk producers within California have a comparative advantage because as they build their new factories they will ensure that they meet the required regulations from the word go. The mad about milk organizers can also go to court on the grounds………………..
APA
389 Words
Get instant access to the full solution from yourhomeworksolutions by clicking the purchase button below