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Question
Melody just got out of law school and went to work at Big Law Firm. One of her first assignments is to help a partner who just got reassigned to the employment law section of the firm. The partner asks her to provide information regarding the legality of drug testing. What four factors should Melody tell the partner are considered in determining whether drug testing will be deemed permissible in a particular situation?Answer
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Related questions
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Around half the states originally followed the employment-at-will rule. a. True b. False
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Joe is the owner of a manufacturing company called ProfitMax. Joe finds out that a union is attempting to organize the employees at ProfitMax. Joe tells you that he will never deal with a union and that he has no plans to pay a higher wage if the union is elected. Joe has plans to tell his supervisors that they may not encourage union activity. Joe has plans to do surveillance regarding which employees attend union meetings so that he can fire them. He is also going to announce to all employees that they will get a raise if they vote against the union. He asks you what his obligations are if the union gets elected and if his other plans are legal. He also wants to know what he can expect from his supervisors, some of whom he is suspicious of supporting the union. What would you tell him?
Q:
Fact Pattern 12-2 Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. Refer to Fact Pattern 12-2. Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare? a. The Health Insurance Portability and Accountability Act b. The Consolidated Omnibus Budget Reconciliation Act c. The Employee Security Act d. The Insurance Protection Act
Q:
Fact Pattern 12-1 Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process. Refer to Fact Pattern 12-1. Which of the following would enable Ricardo to work in the U.S.? a. A passport b. An H-1B visa c. A recognized visa d. A work permit
Q:
In CASE 12.2 Edwards v. Arthur Anderssn LLP. (2008), plaintiffEdwards was a tax manager at an Arthur Anderson office in Los Angeles. Arthur Anderson was later indicted for its role in the Enron debacle, but an AA subsidiary HSBC offered to hire Edwards conditioned on signing a "termination of non-compete" agreement (TONC). Edwards signed the employment offer but not the TONC. The offer was rescinded and Edwards was terminated. Edwards sued. The main issue dealt with California's statutory ban on most: a. employee surveillance tactics. b. 'clawback' agreements. c. confidentiality agreements. d. noncompete agreements.
Q:
The __________ prohibits employers from using genetic information to make decisions about hiring, firing, or compensation. a. Family Medical History Act b. Genetic Prohibition and Protection Act c. Privacy in Testing Act d. Genetic Information Nondiscrimination Act
Q:
The "Inside Story" focuses on Employers' Policies Regarding Employees' Use of Social Media. The NLRB issued guidelines to protect employees' use of social media, especially concerning: a. concerted activity under Section 7 of the NLRA, including communication to each other about wages, hours, and working conditions. b. concerted activity under Section 12 of the NRLA, including communication to each other about wages, hours, and working conditions. c. unfair labor practices under Section 1 of the NRLA, including retaliation emails. d. a public sector employee's right to freedom of speech and collective bargaining information.
Q:
In the Harris v. Quinncase discussed in the text, the State of Illinois attempted to compel __________ chosen by Medicaid to pay their __________ fees to the bargaining representative representing their union. a. public sector employees, union b. union workers, fair share c. home-care personal assistants, fair share d. employers, employees' fair share
Q:
Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as __________ employees. a. exempt b. nonexempt c. covered d. accommodated
Q:
Chef Susan has developed a great new recipe for homemade ice cream that she serves at her restaurant. She would like to keep the recipe secret and prevent anyone else from using it. What four areas should a trade secret program cover?
Q:
McBurger has just developed a new method of preparing its products that greatly reduces the fat content and other medical problems associated with fast food. Although still in the developmental phase, McBurger has been very careful not to release any information regarding the process. The information is constantly under lock and key. Jerry, a competitor's employee, took a public tour of McBurger University to evaluate going to work for McBurger. While on the tour, he accidentally saw the process being conducted in a small laboratory that was visible to everyone, but not part of the tour. Jerry realized that probably no one else would recognize the process, and said nothing. Jerry was able to duplicate McBurger's process, and is now about to be promoted to vice-president of his company. Does McBurger have a claim against Jerry and his employer? What is the likely outcome? Discuss fully.
Q:
Fact Pattern 11-1 Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. Refer to Fact Pattern 11-1. Assuming the validity of the earlier patent, which of the following is true regarding Harry's statement that Samantha could not be guilty of patent infringement because she was unaware of the earlier patent when she began marketing her combs? a. Harry was correct. b. Harry was incorrect, and Samantha can be held liable for direct patent infringement. c. Harry was incorrect, and Samantha can be held liable for indirect patent infringement. d. Harry was incorrect, and Samantha can be held liable for contributory patent infringement.
Q:
A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality. a. certification mark b. trademark c. service mark d. trade name
Q:
A design dictated by function may be protected by a(n) __________ patent. a. equivalents b. design c. utility d. useful articles
Q:
Under the __________ doctrine, under certain circumstances, a person may infringe the copyright owner's exclusive rights without liability in the course of such activities as news reporting, education, scholarship, or research. a. fair use b. education use c. new use d. critical use
Q:
In CASE 11.1 Association for Molecular Pathology v. Myriad Genetics, Inc.(2013), the U.S. Supreme Court held that under U.S. Patent Laws isolated DNA is: a. not eligible for patent protection because it is naturally occurring. b. eligible for patent protection because it is man-made. c. eligible for patent protection because it is naturally occurring. d. not eligible for patent protection because it is man-made.
Q:
TheBilski v. Kapposcase referenced in the text, involved a question of whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable. How did the U.S. Supreme Court rule? a. The court ruled that the claimed invention was a patent-eligible process. b. The court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea. c. The court ruled that the claimed invention was not a patent-eligible process because under federal patent law, no business methods may be the subject of patents. d. The court ruled that more information was needed regarding expected profits before a determination could be made as to patentability.
Q:
Which of the following are defenses to patent-infringement claims? a. Noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement b. Noninfringement, invalidity of the patent, fair use, and innocent infringement c. Noninfringement, fair use, misuse of the patent, and innocent infringement d. Fair use, misuse of the patent, innocent infringement, and illegality of the patent
Q:
Terms that were once enforceable trademarks may become generic and thereby not protected. a. True b. False
Q:
Once the Patent and Trademark Office issues a patent, a court may not find it invalid. a. True b. False
Q:
An invention will be denied patent protection if its novelty merely represents an obvious development over existing technology, also referred to as prior art. a. True b. False
Q:
The U.S. Supreme Court ruled that living organisms can be patented if they are human-made. a. True b. False
Q:
Trade secrets are protected for an indefinite time. a. True b. False
Q:
Paula recently went to see her doctor for severe glaucoma. He told her that her vision is in danger and prescribed Seerite made by Drugco. Seerite was the newest and most promising treatment for glaucoma that exists. The product literature stated, "When used as directed, Seerite is 100% safe and effective for glaucoma." After Paula read this she put the literature in the trash. She overlooked a small statement on the back reading "Warning: in 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite, Paula had gained 50 pounds and continued to gain weight rapidly. Paula has stopped using Seerite, but she cannot lose the weight and this condition is now a separate health risk. Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under strict product liability law that Paula may use to recover against Drugco? Discuss fully.
Q:
Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?
Q:
A few years ago Bernice purchased some medication through her veterinarian for her aging pet iguana, Scales, who had a skin disease. Scales died a few months after beginning the medication. At the time of the death, Bernice thought that Scales had died of natural causes. She just read in the newspaper, however, that a number of reptilian type animals had been harmed by the drug Scales ingested. Bernice immediately talked to her veterinarian who told her that while she now believes the medication was harmful to Scales, it was manufactured by a number of different manufacturers, and there is no way to determine the exact manufacturer of the medication given to Scales. Which of the following is Bernice's best chance at recovery? a. Market-share liability b. Joint and several liability c. Product-line theory d. Continuity theory
Q:
Fact Pattern 10-1 Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron's propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. Refer to Fact Pattern 10-1. What type of damages would likely give Polly the most significant recovery? a. Punitive b. Compensatory c. Nominal d. Benefit of the bargain
Q:
ThePLIVA, Inc. v. Mensing case discussed in the text, involved theissue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn. What was the holding by the US Supreme Court? a. That federal law did not preempt state law claims for failure to warn. b. That federal law preempted state law claims for failure to warn. c. That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. d. That federal law preempted state law claims for failure to warn based on negligence but that failure to warn claims based on strict liability could proceed.
Q:
CASE 2 Branham v. Ford Motor Co.(2010) was reversed and remanded for a new trial, with plaintiff ordered to prove the __________ approach, after the court adopted the __________ regarding defective product claims. a. unavoidably safe product, Restatement (Third) b. inadequate warnings, Restatement (Third) c. reasonable alternative design, Restatement (Third) d. reasonable alternative design,Restatement (Fourth)
Q:
Which of the following is true regarding the authority of administering agencies? a. The environmental laws give broad authority to the administering agencies to conduct on-site inspections of plant facilities and their records. b. The environmental laws give limited authority to the administering agencies to conduct on-site inspections of plant facilities and their records. c. The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant facilities and their records. d. The environmental laws give limited authority to administering agencies to conduct on-site inspections of plant records, but facilities may not be directly inspected by administering agencies.