Nadel Et Al. V. Burger King

In: Business and Management

Submitted By fprophet85
Words 565
Pages 3
Pick an administrative agency of either the federal or a state government. Find where the current and proposed regulation changes for that agency are located on the Internet (i.e., the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one that has already closed out but interests you, you can use that instead) and write the following regarding it: 1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) 2. Describe the proposal/change. (10 points) 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) 4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points) a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) b. If the proposal passes, identify and explain the five legal theories…...

Similar Documents

Burger King

...Ronnie Garland International Business Instructor: Milton Burger King Background: Burger King, a fast food restaurant business, grew from only 5 restaurants in Miami, Florida to 12,000 restaurants worldwide currently. Their outlets are located in 73 countries around the globe where 66% of them are in the US alone. Their flagship product, Whopper - a big sized burger, went into the market 3 years after the company was founded. The rapid growth in the number of BK restaurants was due to the implementation of the following expansion strategies: 1. Franchise Business and 2. Selling of territorial rights to investors at the same time during the years, BK also experienced several ownership changes resulting from selling and merger of companies. However, 48 years after that, in 2002, they found themselves burdened with financial problems which were caused by those strategies and ownership changes. Issue: Although Burger King became successful out side of the country, why wasn’t they’re successful in other places outside the country? There can be many reasons in why Burger King wasn’t successful I other places outside of the country. One reason can because the market turned out to be too small to support the necessary infrastructure such as being too small to develop slaughterhouses and beefing grinding facilities. Analysis: Although Burger King did not become successful in countries such as Columbia, France, Japan, and...

Words: 527 - Pages: 3

Richard Wallace Grube Et Al. V. Bethlehem Area School District

...Abstract Richard Grube, an athletically inclined senior at Freedom High School in the Bethlehem Area School District, played football his freshman, sophomore, and junior years. Prior to the start of the football season in his senior year, the district claimed Richard was ineligible to play on the basis that Richard only had one kidney. Richard and his family filed a preliminary injunction against the school district claiming the district violated Section 504 of the Rehabilitation Act of 1973. (Grube v Bethlehem, 1982) According to the United States Department of Education (2011), Section 504 states that, “no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in…any program or activity receiving federal financial assistance”. As a result, the court ruled in favor of Richard Grube. Case and Law Review Richard Wallace Grube et al. v. Bethlehem Area School District Legal Research In 1982, Richard Grube, a senior at Freedom High School was declared ineligible to play football because he only had one kidney. Richard and his family filed a preliminary injunction based on Section 504 of the Rehabilitation Act of 1973. According to the U.S. Department of Education, Section 504 of the Rehabilitation Act of 1973 states that, no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the...

Words: 1581 - Pages: 7

Nadel vs Burger King

...VUONG NGUYEN MINH HO Assignment: For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What must a party establish to prevail on a motion for summary judgement? (3 points) The plaintiff must prove that • 1. the product was defective when sold; • 2. the defective condition rendered the product unreasonably dangerous; and • 3. the product was the cause of the plaintiff’s injury. The defect is usually the most difficult part of the case for the plaintiff to establish. A product may be defective because of (1) some flaw or abnormality in its construction or marketing that led to its being more dangerous than it otherwise would have been, (2) a failure by the manufacturer or seller to adequately warn of a risk or hazard associated with the product, or (3) a design that is defective. ( Source : Kubasek) The Nadels could raise several claims, including (1) breach of a warranty of merchantability and breach of a warranty of fitness for a particular purpose, both based on the allegation that...

Words: 1556 - Pages: 7

Nadel V Burgerking

...Assignment: For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home. Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. What court decided the case in the assignment? (2 points) According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) According to the case, why was this not a case of negligent infliction of emotional distress, and what tort did the court approve? (5 points) According to the case, why didn't the court approve summary judgment for product liability claims? (5 points) Do you agree with this decision? Why or why not? (5 points) Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used Nadel et al. v. Burger King Corp. & Emil, Inc. case as “precedent” since its publication. Out of the cases listed, pick one, click the link, read the case, and provide the following information...

Words: 422 - Pages: 2

Case Study: Delia V. E.M.A. Et Al

...Case Study: Delia v. E.M.A. et al Xxxxxx X. Xxxxxxxx University of Maryland University College HCAD 650 Fall 2012 October 5, 2013 Case Study: Delia v. E.M.A. et al This paper reviews a case study of a medical malpractice suit that resulted in a claim against the North Carolina Department of Health and Human Services for their practice of recovering settlements paid for medical expenses. Legal controversies with medical impact rarely reach the United States Supreme Court because such cases must go through several levels of hearings and appeals before even being considered by the Supreme Court. Medical issues must involve interpretation of the US Constitution or federal law, and at least four of the nine justices must agree to accept a case. The Supreme Court reviews only a small percentage of the several thousand cases submitted each year. Consequently, most medical controversies at law take place in state courts. Subject United States Supreme Court Case No. 12-98. Albert A. Delia, Secretary, North Carolina Department of Health and Human Services v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. Later the case was changed to: No. 12-98. Aldona Wos, Secretary, North Carolina Department of Health and Human Services, Petitioner v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. The purpose of the case was to resolve the conflict between the opinions of the 4th U. S. Court of Appeals in this...

Words: 2010 - Pages: 9

Toronto Marlboro Major Junior "A" Hockey Club Et Al. V. Tonelli Et Al.

...The standards adopted by the minority in the case of Toronto Marlboro Major Junior "A" Hockey Club et al. v. Tonelli et al. to “test” the minors contract were as follows: I ask whether a prudent and informed parent of a 17-year-old young man who wished to become a professional hockey player, having in mind the realities of the world around him, would approve of this contract. I believe he would. It is true that the contract in this case could have been more beneficial to the infant and the scale could have been tipped more in favour of the infant but that is of little import. It also may not be desirable that member teams of the O.H.A. Major Junior League should occupy such a preferred position as vehicles of entry to the ranks of professional hockey but that too is of little import. It was this specific contract that was available to the infant in this case. The choice was to accept it or go elsewhere and that fact must be given appropriate weight. I do not believe that it could be realistically said that it would have been in the best interest of Tonelli to go elsewhere. The dissent by Mr Justice Zuber; who felt the defendant had breached his contract, based his decision on this critical question; In September of 1974, was it in the beneficial interest of the 17- year-old John Tonelli to enter into this agreement with the Toronto Marlboros? Zuber came to the conclusion that this young man wished to be a professional hockey player and even though he had before him the...

Words: 691 - Pages: 3

Nadel Et Al V Burger King Corp

...Carmelita Cain MGMT 520 Week 3 Assignment Nadel et al. v. Burger King Corp. & Emil, Inc. case 1. What court decided the case in the assignment? (2 points) COURT OF APPEALS OF OHIO, FIRST APPELLATE DISTRICT, HAMILTON COUNTY 2. According to the case, what must a party establish to prevail on a motion for summary judgment? (3 points) Emil moved for summary judgment, claiming that no genuine issue of material fact existed. BK also moved for summary judgment and pointed to evidence in the depositions that appellants knew the coffee was hot and that coffee was purchased and served as a hot beverage. It also contended under the circumstances that Evelyn's and Paul's actions were intervening, superseding causes precluding any actionable negligence on its part. 3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points) Christopher Nadel received second degree burns from coffee spilling on his right foot purchased at Burger King by his grandmother Evelyn Nadel. The Nadel’s brought suit against Burger King and franchise owner Emil, Inc, for product liability for a defectively designed product and for failure to warn of the dangers of handling a liquid served as hot as their coffee. The court granted both the Burger King owner and Burger King Corporation request for motion of summary of judgments. The Nadel’s appealed. The court affirmed in part and reversed in part. The summary judgment was wrongly granted...

Words: 1465 - Pages: 6

Georgia-Pacific Consumer Products Lp V. Kimberly-Clark Corporation, Et Al., 647 F.3d 723 (2011)

...Case: Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corporation, et al., 647 F.3d 723 (2011) Facts: Georgia-Pacific has been selling its Quilted Northern brand toilet paper with “Quilted Diamond Design” since the early 1990s and has several trademarks, copyrights, and utility and design patents for the Quilted Diamond Design.In 2008, Kimberly-Clark redesigned two of its brands, Cottonelle Ultra and Scott Kimberly-Clark Professional, using a quilted pattern that Georgia-Pacific believes to be very similar to its Quilted Diamond Design. Georgia-Pacific claimed unfair competition and trademark infringement under the Lanham Act, 15 U.S.C. § 1051 et seq. and filed suit in the U.S. District Court for the Northern District of Illinois. Kimberly-Clark filed a Motion for Summary Judgment claiming the design was functional and could not be protected. Virginia M. Kendall, the presiding judge, agreed and granted summary judgment in favor of Kimberly-Clark. Issue: Can Georgia-Pacific hold utility patents, which detail functionality of design, and still have the protection of a registered trademark for its “Quilted Diamond Design”? Rule: Lanham Act, 15 U.S.C. § 1052 (e)(5) - No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it consists of a mark which comprises any matter that, as a whole, is functional. Analysis: The court...

Words: 461 - Pages: 2

Burger King

...CASE STUDIES Burger King case study Targeting the Superfan as a means of retaining growth in the fast food market Reference Code: CSCM0246 Publication Date: April 2009 DATAMONITOR VIEW CATALYST After years of poor sales, Burger King has turned its business around and now enjoys healthy business growth. This case study looks at how the company did this by refocusing its marketing towards the Superfan, namely young adult males who have a penchant for fast food. SUMMARY • Diageo was accused of neglecting Burger King under its ownership, letting the brand fall off the radar at a time when fast food in general was reporting favorable growth. The fast food chain's fortunes began to change after it was sold to a private equity triumvirate, which set about investing in promoting the business to the devoted fast food eater. This focus was a success, leading Burger King to gain 'cool status' in many peoples' eyes and to achieve strong growth. • Burger King's focus since being sold has been in targeting the Superfan, that is the 18–35 year old male who enjoys fast food. Company marketing efforts have focused on appealing to this consumer type, using both traditional and new media as a means to gain their attention. • Burger King's marketing has often been controversial, with two 2008 efforts standing out. The Whopper Virgins documentary, in which members of remote communities were given burgers to try for the first time, was deemed offensive and patronizing, while a...

Words: 4416 - Pages: 18

Burger King

...Burger King: Promoting a Food Fight Questions: 1. What are Burger King’s communication objectives for its targeted audience? 2. With its focus on the “super fan” does BK risk alienating other customers? What are the implications of this? 3. Why is viral or buzz marketing effective? Analyze the design of the Subservient Chicken Web site’s message, including content, structure, and format. What can you conclude from this analysis? 4. Do the TV and viral elements of BK’s campaigns work well together? What additional elements and media might Crispin add to the integrated marketing communications campaign? 5. What other recommendations would you make to BK and Crispin to help them improve the integration of Burger King’s promotion mix? Answers:  1. Burger King’s communication objectives is to reconnect with the super fan customer, which is known to be composed of young men, in order to increase sales and make more profit. Managing to do so is the key to increase company shares value and satisfaction of the shareholders. In order to achieve this goal, Burger King plans on communicating products and promotions to customers, and to remind them that their favorite burger comes from the King.  2. Of course, focusing on a smaller targeted audience in the marketing strategies does induce a risk of alienating customers who are out of this audience. The implications is that BK will get fewer new clients that are not young males, and more young, hungry males that come more often to...

Words: 953 - Pages: 4

Burger King

..., profitability and market share. Sales percentage: increasing sales by targeting a larger consumer segment and consequently achieving profitability. Market share: increasing and improving brand image for its consumers. http://www.graffittistudio.com/img/advertising.jpg Marketing communication objectives should primarily describe what the company wants its target customers to feel, think, and do after being exposed to its marketing message. This rises a fundamental question in the target audience "What's in it for me?" Burger King used in its marketing campaigns a set of elements that make up the marketing communication mix and that are the following: Direct Marketing Internet Marketing Publicity These elements are concerned with creating awareness, brand image, and product development which are in the bottom line, BK's top goal. Furthermore, Burger King's communication objectives aimed at keeping its business profitable, maintaining its brand recognition in the market, assigning itself a premium and a high quality brand, building brand loyalty among its customers, satisfying its customers, and finally generating new customers. BK's communication objectives for its target audience are also to rebuild its positioning in a favorable way. BK wants its customers to know that BK is still strong, innovative, and the customer is always the focus. By re-introducing "Have It Your Way", BK wants to communicate the idea that everything BK does is to fulfill the customer's......

Words: 2609 - Pages: 11

Kelo Et Al. V. City of New London Et Al.

...I. KELO et al. v. CITY OF NEW LONDON et al. II. CITATION: 545 U.S. 469 (2005) III. FACTS: The city of New London, Connecticut, after the closing of the Naval Undersea Warfare Center, reactivated the New London Development Corporation (NLDC), a non-profit entity for land development in the city, specifically the Fort Trumbull area vacated by the U.S. Navy. Pfizer Pharmaceuticals, Inc. expressed an interest in locating a research and production facility in the area. The city advised the NLDC to move forward with its plans. Over 90 acres of property were purchased and acquired through eminent domain for the development of residential housing, recreational, marina, retail and industrial parcels. Of the 90 acres, thirty-two of the acres came from Fort Trumbull and the remainder from private owners. All private owners, except 15, sold to the city for the project. The remaining 15 held out not for money, but for emotional and sentimental reasons. The Supreme Court of Connecticut ruled in favor of the taking of the private property under eminent domain. The United States Supreme Court granted certiorari and grouped all 15 cases in one appeal. IV. LEGAL ISSUES: Is the use of eminent domain to acquire property by the government and redirect for private use repugnant to the Fifth Amendment of the U.S. Constitution which reads “…nor shall private property be taken for public use, without just compensation”? Is the taking of property from A and giving it to B for...

Words: 1569 - Pages: 7

Burger King

...Introduction Burger King is the world’s largest flame broiled fast food restaurant chain. As of 2011, Burger King operates restaurants in 12,300 locations serving over 11 million guests daily in 76 countries and territories worldwide (Burger King , 2011). Burger King’s core competency is its unique flame-broiled burgers. This process is difficult to imitate and helps differentiates Burger King from other fast food chains that fry their burgers instead. So much so in fact, no other fast food provider flame broils their burgers. In addition, Burger King allows and encourages consumers to customize the unique flame-broiled burgers with options to their liking. This creates a win-win situation for both Burger King and the consumer. Burger King has the benefit of offering a different product and the consumer benefits by having numerous burger options. Although Burger King has expanded its menu selections, they have remained true to their original flame-broiled burgers. This product gives them an advantage over other fast food chains. Facing intense competition and limited growth opportunities domestically, Burger King hopes strengthen their competitive stance through international expansion. By mid 2009, Burger King was not in any of the following countries: France, India, Nigeria, Pakistan and South Africa. Compare these countries as possible future locations for Burger King. In looking for new countries to enter, Burger King needs to identify countries that fit its ideal...

Words: 2133 - Pages: 9

Burger King

...BURGER KING CORPORATION v HUNGRY JACK’S PTY LIMITED (S175/2002) Court appealed from: Supreme Court of New South Wales (Court of Appeal) Date of Judgment: 20 November 2001 Date of grant of special leave: 19 April 2002 The appellant was the franchisor of the second largest food chain in the world. The respondent was the largest franchisee in Australia and for many years had been the sole franchisee. The respondent used its own name Hungry Jack’s for its franchised stores rather than the Burger King brand name. In 1990 after several years of disputes the parties entered into four agreements, which together with the individual franchise agreements in respect of each of the respondent’s stores, governed the contractual relationship of the parties, including the respondent’s development rights in Australia. Under the Development Agreement, the respondent had an unrestricted non exclusive right to develop throughout Australia and was required to develop a total of at least four restaurants per year in Western Australia, South Australia and Queensland. There were continuing disputes between the parties which developed and intensified from 1993 onwards. On 18 November 1996 the appellant served two Notices of Termination of the Development Agreement. On 26 November 1996 the respondent commenced proceedings against the appellant. The primary judge made various findings against the appellant including that the Notices of Termination were invalid...

Words: 513 - Pages: 3

Barbara J. O'Neil Et Al., Plaintiffs and Appellants, V. Crane Co. Et Al., Defendants and Respondents

...Michael Dumalag Professor Sabia Law & Econ – ECON 496 24 April 2012 BARBARA J. O'NEIL et al., Plaintiffs and Appellants, v. CRANE CO. et al., Defendants and Respondents. S177401 SUPREME COURT OF CALIFORNIA 53 Cal. 4th 335; 266 P.3d 987; 135 Cal. Rptr. 3d 288; 2012 Cal. LEXIS 3; CCH Prod. Liab. Rep. P18,765 January 12, 2012, Filed INTRODUCTION The Plaintiffs, family of the decedent plaintiff, Barbara J. O’Neil, filed a wrongful death complaint due to mesothelioma against the defendant manufacturers, Crane Co. et al., in concerns of valves and pumps manufactured for use on Navy warships. This particular claim raised strict liability claims and negligence claims in regards to asbestos exposure experienced by the decedent plaintiff released from external insulation and internal gaskets and packing. During World War II, defendants sold parts to the United States Navy for use in the steam propulsion systems of warships. These Steam systems were extremely hot and highly pressurized, requiring insulation. Navy specifications made use of asbestos insulation required at the time and products that did not conform to the use were rejected. However no evidence was presented that asbestos was needed in order for the valves to function properly also the defendant did not manufacture the asbestos packing gaskets used in its valves. Once parts were received by the navy, they were integrated into other components such as boilers and piping with asbestos-containing flange...

Words: 1470 - Pages: 6