This article explains how a Colorado woman was playing the casino’s penny slot machines and a message came up that she had won $43 million dollars. The casino was quick to inform her that the message was an error and that she in fact did not win the multi-million dollar prize. Instead, the casino issued her an apology and comp-ed her a free breakfast.
I believe that as soon as a player, who is at least 18 years or older, begins to play any game or machine at a casino, that is as if they are entering into a contractual agreement that if they win, the casino will pay the said amount. I feel as though the casino reneged on their responsibility to fulfill their end of the contract. I hope that this woman walks away with a substantial amount of money and not just a free breakfast.
http://www.breitbart.com/article.php?id=D9EPN4080&show_article=1
Wednesday, March 31, 2010
http://www.breitbart.com/article.php?id=CNG.7b29aaf6c896a54d5d30e168e7de6207.111&show_article=1
I chose this article because it applies to our country as well. Do you think it's lawful that one part of the business sector-whether it's soda in NY, or tax hikes on tobacco (passed by Congress)- is targeted with taxes on their products to increase revenue for state and federal programs? Is it just a matter of time when your company sees tax increases for your products/services, thus, resulting in job layoffs. Tobacco companies argue that tax increases do not increase revenue for the states: the more a pack of smokes cost the more people quit--not many left to tax.
I chose this article because it applies to our country as well. Do you think it's lawful that one part of the business sector-whether it's soda in NY, or tax hikes on tobacco (passed by Congress)- is targeted with taxes on their products to increase revenue for state and federal programs? Is it just a matter of time when your company sees tax increases for your products/services, thus, resulting in job layoffs. Tobacco companies argue that tax increases do not increase revenue for the states: the more a pack of smokes cost the more people quit--not many left to tax.
Judge: Boy, 12, will be tried as adult in double homicide
This article details the judge denying the movement of this case of a 12 year old boy, who shot and killed his father’s pregnant girlfriend, to juvenile court. According to Pennsylvania law, the child must be tried as an adult because he is over the age of 10. Also, this is considered a double homicide because the unborn child was in gestation for 8 months, making this child the second person killed in the attack.
This article relates to our studies within the realm of types of courts and how laws may differ from state to state. It also touches on minors and their lawful role within society.
I personally think this is an immensely tragic article; still, I would like to know the reasoning behind this child’s actions. Was he unaware of the damage he would case? Did he premeditate his actions before actually going through with them? Even though he is being tried as an adult because of PA’s state law, we may never get to hear the answers to these questions because he is still a minor.
Web link: http://www.cnn.com/2010/CRIME/03/29/boy.homicide/index.html?npt=NP1
This article relates to our studies within the realm of types of courts and how laws may differ from state to state. It also touches on minors and their lawful role within society.
I personally think this is an immensely tragic article; still, I would like to know the reasoning behind this child’s actions. Was he unaware of the damage he would case? Did he premeditate his actions before actually going through with them? Even though he is being tried as an adult because of PA’s state law, we may never get to hear the answers to these questions because he is still a minor.
Web link: http://www.cnn.com/2010/CRIME/03/29/boy.homicide/index.html?npt=NP1
Tuesday, March 30, 2010
Man Sues Neighbor Over Common Electronic Use
In this article, a resident of Sante Fe, NM, has sued his neighbor over her usage of electronics, claiming her use of her devices is making him sick. Firstenberg says that he is highly sensitive to specific frequencies that common electronics produce triggered by electronics such as cell phones, internet routers, etc. His symptoms triggered by the over usage of electronic frequencies had stopped until his friend/neighbor moved in to the house across the street from Firstenberg. He asked Monribot, his neighbor, to limit the use of her devices and to "work with him," but she basically refused.
Firstenberg is suing Monribot $530,000 in damages and an injunction to shut her electronics off. Monribot is upset of the case with Firstenberg. She feels that it is a violation of her privacy upon her, and within her house. Although some medical research claims that electronic frequencies that cause serious illness, other medical reviews differ. The court will have to decide what is best for both parties. Firstenberg and Monribot both have their private homes involved, which in most cases, one party might suffer more than the other. At the trial, Firsteberg will present his case and then Moribot, as the defendant, can challenge this case. (Chapter 2)
Link: http://www.upi.com/Top_News/US/2010/03/29/Man-sues-friend-over-electronics-use/UPI-36531269874284/
Firstenberg is suing Monribot $530,000 in damages and an injunction to shut her electronics off. Monribot is upset of the case with Firstenberg. She feels that it is a violation of her privacy upon her, and within her house. Although some medical research claims that electronic frequencies that cause serious illness, other medical reviews differ. The court will have to decide what is best for both parties. Firstenberg and Monribot both have their private homes involved, which in most cases, one party might suffer more than the other. At the trial, Firsteberg will present his case and then Moribot, as the defendant, can challenge this case. (Chapter 2)
Link: http://www.upi.com/Top_News/US/2010/03/29/Man-sues-friend-over-electronics-use/UPI-36531269874284/
Monday, March 29, 2010
Court won't stop new trial in Biletnikoff death - Yahoo! News
This article is not very long, but it touches on subjects discussed in chapter 2, including (briefly) jury selection and the Circuit Court of Appeals. Maybe I'm missing something, but this guy admitted to and demonstrated how he killed this girl. Still the conviction was thrown out! Was the Court of Appeals actually able to prove that race was a motivating factor in the selection of this jury? Did the US Supreme Court also think that the admission to the crime didn't warrant another opinion? I think it's obvious how I feel. What do you think?
Court won't stop new trial in Biletnikoff death - Yahoo! News
Court won't stop new trial in Biletnikoff death - Yahoo! News
Hacker Sentenced to 20 Years in Massive Data Theft
http://online.wsj.com/article/SB10001424052748703416204575146152576681126.html
I chose this article because internet crimes are on the rise and we touched on internet jurisdiction in chapter 2.
Personally, I think he deserved consecutive sentences. Odds are, in 20 years, when he gets out, he's going to do it all over again. It's said to be "stiffest sentence ever handed down in a hacking case", perhaps if the punishment were harsher, we'd have fewer hackers...
I also think any company that's going to use the internet (which is pretty much EVERY company around the world) needs to put forth more time, money and effort safeguarding the information they enter into their computers.
Oh, and sorry for posting enitre articles in m previous posts... I didn't see the post on BBVista about blogging until this morning : )
I chose this article because internet crimes are on the rise and we touched on internet jurisdiction in chapter 2.
Personally, I think he deserved consecutive sentences. Odds are, in 20 years, when he gets out, he's going to do it all over again. It's said to be "stiffest sentence ever handed down in a hacking case", perhaps if the punishment were harsher, we'd have fewer hackers...
I also think any company that's going to use the internet (which is pretty much EVERY company around the world) needs to put forth more time, money and effort safeguarding the information they enter into their computers.
Oh, and sorry for posting enitre articles in m previous posts... I didn't see the post on BBVista about blogging until this morning : )
Sunday, March 28, 2010
Utah Gov. OKs Eminent Domain Use on Federal Land
By: BROCK VERGAKIS
The Associated Press
http://www.washingtonpost.com/wp-dyn/content/article/2010/03/28/AR2010032801320.html
In my opinion, I'm torn. At heart, I'm a bit of an enivornmentalist. I hate all the developments and useless buildings popping up all over. But at the same time millions for state schools doesn't sound too bad. Maybe I'm just not reading the article correctly, but in this economy, is it really worth Utah spending $3 million fighting a battle that "has little chance of success"?
The Associated Press
http://www.washingtonpost.com/wp-dyn/content/article/2010/03/28/AR2010032801320.html
In my opinion, I'm torn. At heart, I'm a bit of an enivornmentalist. I hate all the developments and useless buildings popping up all over. But at the same time millions for state schools doesn't sound too bad. Maybe I'm just not reading the article correctly, but in this economy, is it really worth Utah spending $3 million fighting a battle that "has little chance of success"?
Californians to Vote on Legal Weed
OAKLAND, Calif.
By Aaron Smith, CNNMoney.com staff writer
March 25, 2010: 3:21 PM ET
NEW YORK (CNNMoney.com) -- It's official: Californians will decide whether legal marijuana should be used to plug the state's $20 billion budget gap.
California residents are expected to vote this year on whether legalization should be approved to raise nearly $1.4 billion in state revenue. That's based on an estimate from the State Board of Equalization, a tax administration agency.
"It would be another source of revenue for the state," said Anita Gore, spokeswoman for the board. The board has not issued an opinion on legalization as a means of easing the state's budget crisis, she added.
California Secretary Debra Brown confirmed on Wednesday that enough signatures had been collected to put AB 390, a marijuana legalization bill, on the ballot for Nov. 2. A press release from the secretary said that legalization proponents submitted 694,248 petition signatures for the bill, easily surpassing the required 433,791.
"The momentum for reform has grown exponentially since we introduced the bill last year," said Quitin Mecke, spokesman for Assemblyman Tom Ammiano, D-San Francisco, the lead sponsor of the bill. "We're excited about the prospect to reform drug laws again."
Mecke noted that California was the first state to pass legislation allowing medicinal marijuana, 14 years ago.
Unlike prior legislation that has passed in California and other states, this form of legalization is not restricted to medicinal use of marijuana. The bill proposes that marijuana be regulated and taxed in a similar way to alcohol.
According to the bill, people would have to be 21 years or older "to possess, cultivate, or transport marijuana for personal use." Californians would not be permitted to use the drug in public or within the presence of minors, and would not be allowed to possess it on school grounds.
Most importantly, as far as the budget gap is concerned, the bill stipulates that the drug would be subject to a sales tax. An additional retail fee of $50 would be imposed on every ounce that's sold.
The State Board of Equalization estimates that the state could raise $1.382 billion in annual tax revenues from legal marijuana. The figure is based on estimated revenue of $990 million from the retail fees and $392 million from sales taxes.
"With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense," Ammiano said in a press release when he first proposed the bill last year.
Also, Mecke said that legalization could prompt the state to "reallocate" more than $300 million in law enforcement spending away from non-violent drug activity to address violent crimes.
By Aaron Smith, CNNMoney.com staff writer
March 25, 2010: 3:21 PM ET
NEW YORK (CNNMoney.com) -- It's official: Californians will decide whether legal marijuana should be used to plug the state's $20 billion budget gap.
California residents are expected to vote this year on whether legalization should be approved to raise nearly $1.4 billion in state revenue. That's based on an estimate from the State Board of Equalization, a tax administration agency.
"It would be another source of revenue for the state," said Anita Gore, spokeswoman for the board. The board has not issued an opinion on legalization as a means of easing the state's budget crisis, she added.
California Secretary Debra Brown confirmed on Wednesday that enough signatures had been collected to put AB 390, a marijuana legalization bill, on the ballot for Nov. 2. A press release from the secretary said that legalization proponents submitted 694,248 petition signatures for the bill, easily surpassing the required 433,791.
"The momentum for reform has grown exponentially since we introduced the bill last year," said Quitin Mecke, spokesman for Assemblyman Tom Ammiano, D-San Francisco, the lead sponsor of the bill. "We're excited about the prospect to reform drug laws again."
Mecke noted that California was the first state to pass legislation allowing medicinal marijuana, 14 years ago.
Unlike prior legislation that has passed in California and other states, this form of legalization is not restricted to medicinal use of marijuana. The bill proposes that marijuana be regulated and taxed in a similar way to alcohol.
According to the bill, people would have to be 21 years or older "to possess, cultivate, or transport marijuana for personal use." Californians would not be permitted to use the drug in public or within the presence of minors, and would not be allowed to possess it on school grounds.
Most importantly, as far as the budget gap is concerned, the bill stipulates that the drug would be subject to a sales tax. An additional retail fee of $50 would be imposed on every ounce that's sold.
The State Board of Equalization estimates that the state could raise $1.382 billion in annual tax revenues from legal marijuana. The figure is based on estimated revenue of $990 million from the retail fees and $392 million from sales taxes.
"With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense," Ammiano said in a press release when he first proposed the bill last year.
Also, Mecke said that legalization could prompt the state to "reallocate" more than $300 million in law enforcement spending away from non-violent drug activity to address violent crimes.
Mediation ordered in SeaWorld death video case
Most of us have heard about the tragic death of a SeaWorld trainer who was dragged to the bottom of the swimming pool by a Killer Whale and drowned. Even though this article does not have to do with a 'Business Law' aspect, it does have to do with what we learned in Chapter 2. This article begins by explaining that the judge in this case, Florida Circuit Court Judge Lawrence Kirkwood, ordered mediation '...for all parties wanting to access the videos showing the death of a SeaWorld trainer.' The trainer's family is claiming that their constitutional right to privacy is being violated.
On page 50 of our textbook, mediation is defined as 'A neutral third party meets with the parties and emphasizes points of agreement to help them resolve their dispute'. (Miller & Jentz, 2009)
My personal opinion is that these tapes should remain private for the sake of the SeaWorld Trainer, Dawn Brancheau, and her family.
Citation: Miller, Roger and Jentz Gaylord. Fundamentals of Business Law. Ohio: Cengage Learning, 2009. Print. Page 50.
Webpage: http://www.cnn.com/2010/US/03/26/florida.seaworld.death/index.html
On page 50 of our textbook, mediation is defined as 'A neutral third party meets with the parties and emphasizes points of agreement to help them resolve their dispute'. (Miller & Jentz, 2009)
My personal opinion is that these tapes should remain private for the sake of the SeaWorld Trainer, Dawn Brancheau, and her family.
Citation: Miller, Roger and Jentz Gaylord. Fundamentals of Business Law. Ohio: Cengage Learning, 2009. Print. Page 50.
Webpage: http://www.cnn.com/2010/US/03/26/florida.seaworld.death/index.html
In Retrial, Former Brocade CEO Found Guilty of Most Counts
Kate Moser
The Recorder
March 29, 2010
A federal jury on Friday convicted former Brocade CEO Gregory Reyes on nine out of 10 felony counts -- just one less than the last time he was tried over the backdating of stock options.
The government had seen its 2007 conviction of Reyes, its first and most high-profile conviction of an executive over backdating, thrown out last year by the 9th U.S. Circuit Court of Appeals, which said prosecutors had misled jurors with false assertions during closing arguments.
Reyes, whose defense at his first trial was led by Skadden, Arps, Slate, Meagher & Flom partner Richard Marmaro, was originally sentenced to 21 months in prison and given a $15 million fine. On Friday, prosecutors told U.S. District Judge Charles Breyer that they would ask the court to revisit his loss calculation. If Breyer does, it could ramp up the sentencing guidelines.
Reyes' defense this time was led by Cooley Godward Kronish Chairman Stephen Neal, who didn't call any witnesses during the four-week retrial.
On Friday, Neal told reporters he will file a motion for a new trial and would appeal if it's denied. He declined to comment further.
The jury in the retrial, which deliberated for 3 1/2 days, had appeared to be hung up on the conspiracy count. The questions the jury asked toward the end of deliberations suggested that jurors were having trouble believing that there was a conspiracy between Reyes and former Brocade human resources chief Stephanie Jensen. The jury ultimately acquitted Reyes of that count.
After Breyer discharged the jury, Assistant U.S. Attorneys Adam Reeves and David Anderson told the judge that the government would have additional information for him to use in calculating how much loss Reyes caused.
In the first trial, the 21-month sentence for Reyes was based on a calculation of zero loss.
This sentencing will be different, Reeves told the judge, because "the court will be able to reasonably calculate loss."
Breyer also indicated Friday that he intends to again take obstruction of justice into consideration in his sentencing, referring to a sworn declaration Reyes made for Jensen's defense. Reyes at that time stated that no backdating had occurred at Brocade.
At Reyes' original trial, though, his lawyers asserted that backdating had in fact occurred, but that Reyes was unaware it was wrong. Citing the sworn declaration and the effect it had on the motion for separate trials, Breyer in the first trial slapped Reyes with six extra months in prison for obstruction of justice.
Backdating is the practice of moving the date of an employee's stock-option grant to an earlier period, when the stock price was lower. This increases the value of the award to the employee at no apparent added cost to the company. However, accounting rules require the company to record such a move on its balance sheet.
Scores of companies have been accused of incorrectly accounting for options and even falsifying minutes of directors' meetings to cover up the backdating.
Sentencing is set for June 24
The Recorder
March 29, 2010
A federal jury on Friday convicted former Brocade CEO Gregory Reyes on nine out of 10 felony counts -- just one less than the last time he was tried over the backdating of stock options.
The government had seen its 2007 conviction of Reyes, its first and most high-profile conviction of an executive over backdating, thrown out last year by the 9th U.S. Circuit Court of Appeals, which said prosecutors had misled jurors with false assertions during closing arguments.
Reyes, whose defense at his first trial was led by Skadden, Arps, Slate, Meagher & Flom partner Richard Marmaro, was originally sentenced to 21 months in prison and given a $15 million fine. On Friday, prosecutors told U.S. District Judge Charles Breyer that they would ask the court to revisit his loss calculation. If Breyer does, it could ramp up the sentencing guidelines.
Reyes' defense this time was led by Cooley Godward Kronish Chairman Stephen Neal, who didn't call any witnesses during the four-week retrial.
On Friday, Neal told reporters he will file a motion for a new trial and would appeal if it's denied. He declined to comment further.
The jury in the retrial, which deliberated for 3 1/2 days, had appeared to be hung up on the conspiracy count. The questions the jury asked toward the end of deliberations suggested that jurors were having trouble believing that there was a conspiracy between Reyes and former Brocade human resources chief Stephanie Jensen. The jury ultimately acquitted Reyes of that count.
After Breyer discharged the jury, Assistant U.S. Attorneys Adam Reeves and David Anderson told the judge that the government would have additional information for him to use in calculating how much loss Reyes caused.
In the first trial, the 21-month sentence for Reyes was based on a calculation of zero loss.
This sentencing will be different, Reeves told the judge, because "the court will be able to reasonably calculate loss."
Breyer also indicated Friday that he intends to again take obstruction of justice into consideration in his sentencing, referring to a sworn declaration Reyes made for Jensen's defense. Reyes at that time stated that no backdating had occurred at Brocade.
At Reyes' original trial, though, his lawyers asserted that backdating had in fact occurred, but that Reyes was unaware it was wrong. Citing the sworn declaration and the effect it had on the motion for separate trials, Breyer in the first trial slapped Reyes with six extra months in prison for obstruction of justice.
Backdating is the practice of moving the date of an employee's stock-option grant to an earlier period, when the stock price was lower. This increases the value of the award to the employee at no apparent added cost to the company. However, accounting rules require the company to record such a move on its balance sheet.
Scores of companies have been accused of incorrectly accounting for options and even falsifying minutes of directors' meetings to cover up the backdating.
Sentencing is set for June 24
Guns in the workplace
An interesting law has been passed in Indiana. Starting July 1st this year, employees in Indiana may now bring loaded firearms to work as long as they stay locked in the trunk or glove box. Of course some people are wary of this law, considering how workplace violence is on the rise. Homicide is one of the four leading causes of death in the workplace, and the number one cause of death for women in the workplace.
http://nwitimes.com/business/columnists/james-jorgensen/article_861fc9ef-4dae-5996-957b-c08595eb4cfd.html
http://nwitimes.com/business/columnists/james-jorgensen/article_861fc9ef-4dae-5996-957b-c08595eb4cfd.html
Friday, March 26, 2010
California: Estate of Anna Nicole Smith Loses a Round in Fight Over Millions
Article found in the New York Times; however, the link will only provide a shortened version since it is a relatively new story.
This article goes on to detail the late Anna Nicole Smith's estate and how her deceased husband's fortune will not be left to her estate. Her estate is left to her daughter, Dannielynn Hope Marshall Stern. We are currently learning about the legal court system and this article relates to the court system as was recently a case within the United States Court of Appeals for the Ninth Circuit. The representative for Anna's estate, Kent Richland, has said that he will continue to appeal this case until it goes to the Supreme Court.
According to our text, we now know that the United States Supreme Court is 'the highest level of three-tiered model of the federal court system'. And also that, 'all other courts in the federal system are considered inferior'.
http://www.nytimes.com/2010/03/20/us/20brfs-ESTATEOFANNA_BRF.html
This article goes on to detail the late Anna Nicole Smith's estate and how her deceased husband's fortune will not be left to her estate. Her estate is left to her daughter, Dannielynn Hope Marshall Stern. We are currently learning about the legal court system and this article relates to the court system as was recently a case within the United States Court of Appeals for the Ninth Circuit. The representative for Anna's estate, Kent Richland, has said that he will continue to appeal this case until it goes to the Supreme Court.
According to our text, we now know that the United States Supreme Court is 'the highest level of three-tiered model of the federal court system'. And also that, 'all other courts in the federal system are considered inferior'.
http://www.nytimes.com/2010/03/20/us/20brfs-ESTATEOFANNA_BRF.html
Teens arrested after party causes $45,000 damage to house
As the article headline implies, several teens were arrested for vandalism to a couple's home as they were on vacation in Paris, France. The couple's teen son and neighbors were left with a key and instructions to watch their house while they were away. One thing lead to another and the teen somehow allowed a juvenile to start a rambunctious party at the home. The party goers trashed the house and caused approximately $45,000 worth of damage.
This is one of the main reasons that there are laws in place...to protect your property. If there weren't laws to ensure that justice will come to those who steal, damage and ruin our possessions, then anyone could walk into your home, school, office, etc. and take whatever they wanted because there would not be any repercussions.
I hope that this couple had a nice, relaxing vacation because they are coming home to one HUGE headache.
http://www.cnn.com/2010/CRIME/03/25/party.vandalism/index.html?hpt=Sbin
This is one of the main reasons that there are laws in place...to protect your property. If there weren't laws to ensure that justice will come to those who steal, damage and ruin our possessions, then anyone could walk into your home, school, office, etc. and take whatever they wanted because there would not be any repercussions.
I hope that this couple had a nice, relaxing vacation because they are coming home to one HUGE headache.
http://www.cnn.com/2010/CRIME/03/25/party.vandalism/index.html?hpt=Sbin
Maine law promotes recycling among manufacturers
A new law has been passed in Maine that puts the responsibility on the manufacturer of consumer products to collect, recycle, and safely dispose of their products. Similar laws exist in Maine dealing with products containing mercury.
http://www.businessweek.com/ap/financialnews/D9EMD5O80.htm
http://www.businessweek.com/ap/financialnews/D9EMD5O80.htm
Toyota accelerator lawsuits go to US court
As a Toyota owner, this article caught my attention. Fortunately my car was not affected by the recall! Supposedly this has been an ongoing problem since 2002, which leaves me wondering, 'Why weren't the recalls put out then?!' I always equated Toyota with safety and a great reputation, however while I still feel safe in my car, I don't think I will be as quick to buy another Toyota. The leader for the consortium for the plaintiff attorneys has suggested that if Toyota doesn't settle, that they may be setting themselves up for bankruptcy. This is very unfortunate because it appears that all of this could have been prevented.
http://news.yahoo.com/s/afp/20100325/ts_alt_afp/usjapanautocompanycourttoyota
http://news.yahoo.com/s/afp/20100325/ts_alt_afp/usjapanautocompanycourttoyota
Lady Gaga Sued Over Expected Royalties
Current Pop Star, Stefani Germanotta, better known as Lady Gaga, has been sued by her ex-boyfriend Rob Fusari who claims he contributed to the singer's huge success. The complaint was filed to the Supreme Court of New York for $30,000,000 worth of damages by Fusari, who is also a former music producer. Fusari states he has made a “significant contribution to the transformation of a young and ambitious singer” and also in the originating of her stage name “Lady Gaga.”
After the ending of their relationship, Fusari says he hasn’t received the money due to him for his musical contribution. Stefani Germanotta and Rob Fusari both signed a contract with Interscope Records in late 2007 stating that Fusari would receive 20% of Lady Gaga’s revenue.
Fusari, who is the plaintiff in this case, is allegedly stating facts that will be reviewed in court. If the contract was signed under the conditions stated above, Germanotta will be responsible for what was entitled within the contract, but Lady Gaga may not be expected to grant the 30 million for damages.
http://music-mix.ew.com/2010/03/19/lady-gaga-lawsuit-fusari/
After the ending of their relationship, Fusari says he hasn’t received the money due to him for his musical contribution. Stefani Germanotta and Rob Fusari both signed a contract with Interscope Records in late 2007 stating that Fusari would receive 20% of Lady Gaga’s revenue.
Fusari, who is the plaintiff in this case, is allegedly stating facts that will be reviewed in court. If the contract was signed under the conditions stated above, Germanotta will be responsible for what was entitled within the contract, but Lady Gaga may not be expected to grant the 30 million for damages.
http://music-mix.ew.com/2010/03/19/lady-gaga-lawsuit-fusari/
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