...GROUP - 1 GROUP - 1 Du Pont- Conoco IPO Carve Out and Split Off Case Analysis Du Pont- Conoco IPO Carve Out and Split Off Case Analysis SUMMARY E.I. du Pont de Nemours and Company, global leader in the technological innovation in business and the fifteenth largest company in the US in 1999, decided to divest its subsidiary Conoco, major and integrated oil and energy company, previously acquired through an M&A deal of $7.8 billion. In fact DuPont decided to move the company from its traditional energy and chemical businesses towards life science (agriculture, biotechnology, pharmaceutical) in a major operation of refocus on the core business. What became clear to DuPont shareholders was that they were not benefiting from being either a special chemical company, life science company or oil company: the price-earning multiple of the entire company was less than any of its representative sectors. Initially, the strategy of the new CEO was to increase share price through the division of the company in three sectors, of which life science represented the one most heavily funded. However, while company share price was predicted to rise to $90, it fell to $60. For these reasons it was opted for a divestiture through a split-off: DuPont would allow to trade each DuPont stock for 2.95 Conoco stocks, up to a total of 148 million DuPont shares. Once the deal was announced, DuPont shares soared 11% at an all-time high of $79.50 per share The strategy would have been...
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...29.1 The drunken individual tried re-entering the establishment after being ejected for his behavior. His gradual level of intoxication increased to the point of being a nuisance, eventually making him a trespasser after leaving and returning. The police came and arrested him; however, he escaped returning to the scene of the crime; at this point he was trespassing without a shadow of a doubt. THe court determined the establishment fulfilled its duty to the plaintiff. Ecases. (2015). Ginn v. Renaldo, Inc. Retrieved from http://www.ecases.us/ 29.2 A vacation is an intangible item, and involves several different considerations, other than automobile tires. Connolly and Braband are less relevant to the case than Wiedmann and Stansell. The courts could not find tort-like actions in Illinois by Samuelson, who justifies the application of jurisdiction over her in the state. Leagle. (2015). Connolly v. Samuelson. Retrieved from http://www.leagle.com/. 29.4 The court’s final ruling indicated that the defendant accepted the plaintiff’s cashier’s check, which was dated July 1980 and did not satisfy the debt owed to the defendant. Therefore, the defendant was awarded the case. Leagle. (2015). Bolus v. United Penn Bank. Retrieved from http://www.leagle.com/. 30.4 The court ruled that the insurance company has liability under a legal and binding contract. The contract was for harm due to vehicle repairs completed by the mechanic, which the company contracted to perform a service...
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...ARGUMENT AND CITATIONS OF AUTHORITY I THIS COURT SHOULD AFFIRM THE DISTRICT COURT’S ORDER AND JUDGEMENT BECAUSE THE APPELLANT FAILED TO SHOW THAT THERE WAS A GENIUINE DISPUTE AS TO ANY MATERIAL FACT THEREFORE FARM TOWN MORTGAGE IS ENTITLED TO JUDGEMENT AS A MATTER OF LAW. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 DOES NOT INCLUDE TRANSSEXUALS AS A PROTECTED CLASS FROM DISCRIMNATION IN THE WORK PLACE THUS, THE APPELLANT’S APPEAL FOR SEX DISCRIMINATION SHOULD BE DISMISSED. The district court’s holding in Lopez v. Farmtown Mortgage Services (FMS) that Title VII of the 1964 Civil Rights Act does not protect transgendered or transsexuals was correct and should be affirmed on appeal. The district court’s grant of summary judgment to FMS demonstrated the plaintiff Veronica Lopez’s (VL) lack of sufficient evidence to prove that there was a genuine dispute as to any material fact for a Title VII discrimination claim. (R. 1.) This Court of Appeals reviews a district court’s grant of motion for summary judgment pursuant to federal rule 56(c) de novo. (R. 1.) According to Title VII of the Civil Rights Act of 1964(Title VII), it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color...
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...Procedures are used to show students what to do and how the teacher expects it to be done. Procedures are needed to help the classroom function effectively and they reduce classroom interruptions and discipline problems because they tell everyone how things should work (Cox, n.d.). How Procedures Support Rules Rules are specific behavioral expectations, while procedures are step-by-step instructions on how to follow the rules (Hardin, 2012). The following shows how my procedures support my rules: - Be on time for class (rule). - Enter the room quietly, sharpen pencils, sit at your seat, and work on bell work (procedure). - Come to class prepared (rule). - Respect yourself and others (rule). - At the end of class, clean up your work area, push your chair in and stand behind it, waiting quietly to be dismissed (procedure). When you have a question, raise your hand and wait to be called on (procedure). When walking in the hallway you should be behind the person in front of you, facing the front, on the right hand side of the hallway, at noise level 0 (procedure). - Keep your hands, feet, and objects to yourself...
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...Discrimination Jillian Baker, Zach Ballard, Matthew Cornman, Latisha Holmes, Joseph Pulver, Maltie Ramjattan, and Aisha Savage LAW 531 Business Law June 15, 2015 Ginky Lee Torres Discrimination On July 17, 2008, plaintiff Ali Aboubaker, 56, a maintenance technician for Washtenaw County, was fired for alleged insubordination. He had been employed by Washtenaw County for 17 years. ALM Media (2014) states that the suit was based on violations of 42 U.S.C. §§ 1981 and 1983, the Elliot-Larsen Civil Rights Act and Title VII. Aboubaker, is a black man and a Muslim, he alleged race, national origin, and religious discrimination. He also was retaliated against, and was exposed to a hostile work environment. All claims were dismissed besides that he was allegedly discriminated against by the county by not being allowed to interview for an entry level drain inspector position. He felt this was based on his religion, race, or national origin. Because he was a union employee, he had the first opportunity to apply for the position if he was qualified. The county argued that it had a legitimate, non-discriminatory reason for not interviewing the plaintiff. They claimed Aboubaker was insubordinate on several occasions, which Aboubaker denied and that he was not hired for the job because he was not qualified. Aboubaker had been unable to find work so he sued for past and future lost wages and benefits. Shortly thereafter he went through a divorce and became homeless. Compensation for...
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...A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim, but a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim. Despite the liberal nature of the concept of notice pleading, however, a complaint must nonetheless state enough to give the substantive elements of at least some legally recognized claim or it is subject to dismissal under N.C. Gen. Stat. § 1A-1, N.C. R. Civ. P. 12(b)(6). A claim for relief must still satisfy the requirements of the substantive laws which gave rise to the pleadings, and no amount of liberalization should seduce the pleader into failing to state enough to give the substantive elements of his claim. While an incorrect choice of theory should not result in dismissal of the claim, the allegations must suffice to state a claim under some legal theory. Morrow v. Kings Dep't Stores, Inc., 57 N.C. App. 13 (N.C. Ct. App. 1982). Our Supreme Court has stated: "'A [complaint] may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or a fact sufficient to make a good claim, or in the...
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...Facts This case is unique in that it is a class suit brought by 44children, through their parents, claiming that they bringthe case in the name of “their generation as well asthose generations yet unborn.” Aiming to stopdeforestation, it was filed against the Secretary of theDepartment of Environment and Natural Resources, seeking to have him cancel all the timber licenseagreements (TLAs) in the country and to cease anddesist from accepting and approving more timber licenseagreements. The children invoked their right to abalanced and healthful ecology and to protection by theState in its capacity as parens patriae . The petitionersclaimed that the DENR Secretary's refusal to cancel theTLAs and to stop issuing them was "contrary to thehighest law of humankind-- the natural law-- andviolative of plaintiffs' right to self-preservation andperpetuation." The case was dismissed in the lower court, invoking the law on non-impairment of contracts,so it was brought to theSupreme Courton certiorari. Issue Did the children have the legal standing to file the case? Ruling Yes. The Supreme Court in granting the petition ruledthat the children had the legal standing to file the casebased on the concept of “intergenerationalresponsibility”. Their right to a healthy environmentcarried with it an obligation to preserve that environmentfor the succeeding generations. In this, the Courtrecognized legal standing to sue on behalf of futuregenerations. Also, the Court said, the law on non-impairment...
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...Europe, abandoning its traditional balancing role. Investigate the political, economic and historical situations surrounding the British participation in the European economic and monetary integration and write your own assessment of the prospect of British joining the euro club. In dong so, assess from the British perspective, among other things, 1) potential benefits and costs of adopting the euro, UK is a country characterized by a conservative and stable economy. For them say yes to the Euro zone on one side meant a good opportunity to have a excellent international commerce that gave a lot of flexibility to its market. But also represent a large risk on these same benefits, for example on the mortgages. As we saw in class, the vast majority of the properties are bought in England unlike Europe where renting is customary, changing the currency...
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...would be entitled to a fixed, mandatory dividend. Inspired by the article “Wambo, Peabody forced to pay dividends” published on the Newcastle Herald on 19 September 2014 and intensively conducting research about the relevant case Wambo Coal Pty Ltd vs Sumiseki Materials Co Ltd (2014) NSWCA 326, my assignment of media reflection will set light on some certain circumstances for payment of dividends and member’s rights as well as determine relations between the article and the Corporation Law. Article Summary On 17 September 2014, the New South Wales Supreme Court dismissed an appeal brought by Wambo Coal Pty Ltd (“Wambo”) against a decision of the Equity Division in which it was held that Wambo had failed to pay Sumiseki Materials Co Ltd dividends to which it was entitled under Wambo’s constitution. Wambo Coal Pty Ltd had two shareholders. While Peabody Australia Mining Ltd (“PAML”) held all ordinary shares on issues, Sumiseki Materials Co Ltd (“Sumiseki”) held 25 millions of B-class shares. PAML had completely controlled the company since 2006. Although the article 2.1-B of Wambo’s...
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...If the judge decides there is not enough probable cause, the judge can dismiss the case. However, the prosecutor can still override the magistrate and indict the case anyway. The prosecutor may also go along with the magistrate, and allow the case to be dismissed. I have seen some cases where the prosecutor cut a deal with the defendant and it will show up on their criminal history as “did not prosecute due to funding”. This sometimes amazes me and makes me wonder what kind of deal was struck. It has been most common in DWI “Driving While Intoxicated” offenses. In grand jury hearings: A grand jury hearing is conducted by the grand jury, which is a panel of 18 people who meet once a month to go over the cases to be presented. They preside over all the cases presented, not just one case, as is the case in a criminal trial. They also decide whether there is enough probable cause to continue a case. If they decide there is enough evidence, they “true bill” the case, and if they decide there is not enough probable cause to continue, they “no bill” the case. Here, though, if the grand jury does not true bill an indictment, the indictment is dismissed and if the prosecutor wants to continue with the case, he must do another indictment to be presented...
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...251 F.3d 1210 (8th Cir. 2001) MARILYN SIMMONS, PLAINTIFF-APPELLANT, v. NEW PUBLIC SCHOOL DISTRICT NO. EIGHT, DEFENDANT-APPELLEE. No. 00-2623 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Submitted: March 16, 2001 Filed: May 30, 2001 Appeal from the United States District Court for the District of North Dakota.[Copyrighted Material Omitted][Copyrighted Material Omitted] Before Murphy, Lay, and Bye, Circuit Judges. Lay, Circuit Judge 1 Marilyn Simmons worked as an administrator for the New Public School District No. Eight (the District). She brought suit against the District alleging gender discrimination for (1) unequal pay, and (2) the non-renewal of her contract. The district court granted summary judgment to the District based upon res judicata and a lack of evidence supporting her claim. We reverse the district court's judgment and remand the case for further proceedings. I. Background 2 Simmons worked as an administrator for the District from 1991 to 1996. On April 20, 1996, after a lengthy hearing, the District voted not to renew her contract for the next school year. Simmons sued the District in state court alleging various claims, including violations of her North Dakota statutory rights as an educator. The state trial court rejected her claims. On appeal, the North Dakota State Supreme Court reversed. See Simmons v. New Public School Dist. No. Eight, 574 N.W.2d 561 (N.D. 1998). On remand, the parties stipulated to an agreement to settle the claims...
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...Maldonado v. City of Altus 433 F. 3d 1294 Facts The City of Altus instituted an English-only policy for its employees. Hispanic employees of the City of Altus sued the City claiming that this policy was discriminatory. The US District Court granted the City’s motion for summary judgment (i.e. ruled in favor of the City without going to trial). The employees appealed. How it all started: In the spring of 2002 the City's Street Commissioner, Holmes Willis, received a complaint that because Street Dept. employees were speaking Spanish, other employees could not understand what was being said on the City radio. Willis informed the City's HR Director of the complaint, and she advised Willis that he could direct his employees to speak only English when using the radio for City business. Plaintiffs claim that Willis instead told the Street Dept. employees that they could not speak Spanish at work at all and informed them that the City would soon implement an official English-only policy. On June 18, 2002, one of the senior employees, Tommy Sanchez, wrote a letter to the HR Director and the City Administrator, Michael Nettles, expressing concerns about the new policy. Sanchez felt that employees had not been given proper notice of the new policy under the City’s Personnel Policies & Procedures Manual and proper procedures were not followed when implementing this policy. Sanchez reported that Willis had told him that Hispanics speak Spanish because of “insecurities” and that...
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...Case Study on Negligence - Stella v Christine Stella can take an action of Negligence against Christine for her careless conduct regarding the slippery floor as well as the heating urn and steamer. She will be the plaintiff, and Christine, the defendant. Stella bears the burden of proof that Christine owed her a duty of care, but omitted to perform it, which caused her personal injuries and economic loss. The elements, including duty of care, breach of duty of care, and damage, must be proven on the balance of probabilities. If proven, Stella will probably be able to claim monetary compensation for her medical costs, loss of earnings, and suffering and pain. At the meanwhile, however, Christine can defend herself by alleging Stella’s Contributory Negligence so that the amount of her compensation might be reduced. DUTY OF CARE The law states that the duty of care is established upon the reasonable foreseeability test, which means a defendant will owe a duty of care to a plaintiff where it is reasonably foreseeable that their act or omission of act might harm the plaintiff. Donoghue v Stevenson [1932] created the modern concept of negligence. Since then, the test of 'reasonable foreseeability' has been discussed in many cases. Take Wyong Shire Council v Shirt [1980] as an example, in that case the court held that it was a foreseeable risk that the ambiguity of the deep water sign might induce people to believe that the water was deep and therefore safe for water skiing;...
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...revenue to the City, but the request for proposal required bid proponents to commit to paying at least sixty percent of their advertising revenue to the City. Three companies submitted proposals to the City as part of the bid process, the obligatory team of Clear Channel and Fouch was the top finisher. Plaintiff Corey Airport Services, Inc. finished in second place. After Corey failed to secure the contract, Corey filed an administrative bid protest. This protest was initially denied; Corey appealed the denial, but later abandoned the appeal after obtaining an evidentiary hearing. Corey then filed the present civil action against Clear Channel, Fouch, and certain city employees. Some of Corey’s claims were dismissed at summary judgment, and in an earlier appeal ordered that summary judgment be...
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...Scholar Essay Who am I to judge ones race, class or gender? , from the way they to look to the sway in their, who am I to judge what they should be called or what they shouldn’t be called. Just because the individual is a lighter color than me or from a different ethnicity, aren’t we all consider to be as an equal? The binary stereotyping and mixed cultural signals of African American and Latino females are identified in Mammies, Matriarch and Other Controlling Images and The Myth of the Latin Woman: I Just Met a Girl Named Maria examines the race, class, gender, and sexuality and how these representations speak to the African American and Latino women .Race, Class, and Gender are constructed categories that causes controlling images such as Mammy, Hot Tamale, Bad Black Woman, and Jezebels to become a natural way of thinking leading women to act and believe that is who they are and eventually they who will become. Patricia Collins article (Chap 4), “Mammies, Matriarchs, and Other Controlling Images” (2000), defines the oppression, objectification, and controlling images of African American women in the society, as well as the social acceptance of African American women. Collins supports her theories and hypothetical thinking with supporting statements from other black feminist that illustrate similar beliefs and theories that she asserts in her article. Collins purpose and objective is to point out the stereotypical condition of African American women in the society and...
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