Peter Segura Business Law 1

Sciarrino Midterm Chapter 1-3

Chapter 1
Bright Tunes Music Corp v Harrisongs music LTD Case Ruling and Facts - Harrison wrote a song called My Sweet Lord - He was subconsciously aware of the song Hes so fine (when writing initial melody) written by Ronald Mack. - Harrison is charged with plagiarism of the song written by Mack - Harrison was infringing upon Ronald Macks copyright of the melody Issue: Was George Harrison liable for subconsciously infringing copyright law? Holding: Yes Why: Harrison subconsciously plagiarized the song because he had heard it before and the technique and melody were nearly identical. ABKCO Music, Inc. v. Harrisongs Music, LTD Case Ruling and Facts - Bright tunes sold to Abkco for $587,000. - Abkco managed Harrison during the time of infringement. - Mechanical, performance royalties, sale of sheet music estimated at a total of $260,103. - Royalties determined on all sales of records 70% from my sweet lord 50% from all things must pass - total earnings $2,133,316 Issue: How much money is Abkco entitled to? Holding: the amount paid for the rights plus the interest is to be paid to Abkco Why: Abkco was not entitled to profit from the rights of Hes so fine because they disrupted dealings by making a higher offer. ABCKCO Music, Inc v. Harrisongs Music, LTD Case Ruling and Facts - Harrison had to pay for song rights for the song he plagiarized even if Harrison didnt believe he should pay. - Klein wanted more money for the rights than he was initially entitled Issues: should the decision be reversed in favor of Harrison? Holding: No Why: Harrison must pay for the rights of the song in order to own it and use it. GRATZ v. BOLLINGER Case Ruling and Facts - Caucasian applicant denied from University of Michigans Law School - Gratz sued for discrimination of race - Affirmative action case - Minorities received 20 extra points on entrance exams - felt admission policy on minorities was a double standard Issues: Is this a case of discrimination and can schools have racial quotas? Holding: Yes, it is unconstitutional, and discrimination occurred

Why: Equal protection rights under the united state constitution prohibits racial quotas, even against the majority Grutter v. Bollinger Case Ruling and Facts - Michigan law school used a critical mass policy for minority admissions as well as factoring in the GPA, and LSAT which usually go as 40% and 60% of the initial decision of whether a student is accepted. - allowed for 15% of its admissions for minorities to feel a certain quota - District court found this unlawful - Court of appeals stated unlawful Issues: Is MSU Law school admission policy unconstitional? Holding: court allowed for a 25 yr period of testing for the critical mass policy, to see if the racial barriers will change. Why: the schools percentage of minority students should be in a proportional state. Therefore it proved racial discrimination when taking applicants.

Chapter 2
McCollum v. CBS. INC Case Ruling and Facts - John McCollum committed suicide while listening to Ozzy Osbournes record. - Parents of McCollum sued CBS record Label. Issues: did the music of Ozzy Osbourne cause the death of john McCollum? Holding: No Why: There was universal reluctance to hold publication, and company broadcasters liable for the actions of another. The first amendment was upheld. Stern v. Delphi Case Ruling and Facts - Delphi used the name of Howard Stern and his picture without permission. - Delphi says that it was an incidental permission because stern took the photo himself - Commercial misappropriation Issues: is Delphis use of the picture and name of Howard Stern in their online advertisement illegal? Holding: Dismissed Why: although dismissed, it was ruled that the use of the name and picture was strictly for the purpose of advertisement to sell their services online. Therefore Delphi is held liable for the charges pressed by Stern. Lunney v. Prodigy services Case Ruling Facts - Prodigy who is an internet based service provider is being sued by Lunneys father, for vulgar messages and threats posted on different parties by hackers using Lunneys name. - Because Prodigy does not screen messages and emails they were sued for negligence. Issues: is prodigy responsible for the defamation of Lunneys name and was it negligent of the vulgar messages and threats posted on their ISP? Holding: No, on both accounts Why: there is no justification for such a limitless field of liability. Also, Prodigy was neither the publisher nor the creator of the several vulgar messages, but only responsible for the hacking of their system by a third party. Therefore, Prodigy is not held responsible for them or the threats to Lunney. Frazer v. Turning Stone Case Ruling and Facts

- Frazer, a professional boxer accused Turning Stone casino of the Oneida Nation of using a picture of himself, that was not approved, to promote a fight between his daughter and Ali, while promoting gambling. (Federal case due to the fact Oneidas are a dependent nation of the U.S. Government) Issues: was Frazers image damaged by the use of a non-approved picture in the promotion by Turning Stone, in order to promote the fight and gambling? Holding: Frazers claims are upheld Why: Although Frazers claims were upheld; ruling based on tribal sovereignty though U.S. Treaties protects Halbizter and Stitzer from any charges, excluding them from typical cord proceedings. Mertik V. Blalock Court Ruling and Facts - Mertik was giving figure skating lessons at Greenbird figure skating school - Mertik gives a lesson to an outsider of the Greenbird School in which he was accused of child abuse charges. -Blalock claims that he was guilty and Mertik appeals Issues: Should the ruling by the previous court be upheld or revised? Holding: Dismissed and the ruling was reversed Reasoning: Mertik lost both employment opportunities and interest in teaching skating which was a claim based on random acts. Jose Solano v Playgirl Case Ruling and Facts - Jose Solano, an actor on Baywatch, appeared on the cover of playgirl magazine. (1999 cover) - surrounded by sexual innuendos on cover around his picture, when he had given no permission to do so. The implication of seeing him naked on the magazine cover made Playgirl liable and infringed on Solanos rights. Issues: was the unapproved picture of Jose Solano that appeared on the magazine of the 1999 cover an act of malice and damaging to Solanos career? Holding: Yes, Solano upheld Why: court decided that Solanas picture gave implications to readers of playgirl that he would appear naked inside. The judgment was reversed and remanded for later.

Chapter 3
Republic of Bolivia V. Philip Morris Companies Inc. Case Ruling and Facts - Bolivia taking action against Philip Morris to recover costs of treating illness they incurred from tobacco companies. - The case was chosen to be held in the District Court of Brazoria County - A multipanel litigation to combine cases from Guatemala, panama, Nicaragua, Thailand, Venezuela, and Bolivia all filed suit. Issues: can cases be transferred? Holding: yes Why: The US Supreme Court is better suited for the capacity and complexity of this issue. Anon Realty Assocs. V. Simmons Case Ruling and Facts - SS obtained a lease on one floor of the 1414 AVE. in 1988. - Lease had expired in 2003. - Processor cant serve as an actual place of complaint. - proven that this was not the actual place of business - Service upon individual defendant was incomplete

Issues: Is SSC liable to pay for liquidation damages to place of lease and does improper service of claims award dismissals? Holding: No on both accounts, the claim was dismissed for improper service. Reasoning: Simmons was not served properly and although his lawyer was there, the court had no personal jurisdiction over him. Hogan v Wal-Mart Facts - Hogan was injured at Wal-Mart due to a sales clerk who was helping him get an item off the top shelf fell and hit him on the head, where he ended up suing Wal-Mart for $657,000 - Hogan failed to inform the court that he had a pre-existing injury and Wal-Mart decided to appeal Issues: Did the withholding of the pre-existing injury meant Wal-Mart didnt have to pay? Holding: No Reasoning: the information was a topic throughout the case and the district court made the correct decision in rewarding Hogan. Judd v. Rodman Facts - Judd allegedly blames Rodman for contracting genital herpes. - Judd previous employment included being a nude dancer, had breast augmentation - Judds sexual history was brought into the case Issues: can the courts rulings be overturned due to admissibility of evidence? Holding: No Reasoning: Judd did not follow a timely objection to the evidence in question. Intl caf v. Hard Rock Facts - a hard rock caf had opened in Lebanon - the trade mark was respected - When HRC bought another Hard Rock caf 1 mile away the intl caf sued for breach of contract. Issues: does the US have subject matter jurisdiction in a foreign restaurant Holding: No Reasoning: Since restaurant and trademark ave located in Lebanon it must follow their laws, the US does not have the right to subject matter jurisdiction in this case. Sanders v Aretha Franklin Facts - Sanders a music producer, produced a song called Angel - She claims to have a verbal contract with Aretha Franklin stating that if Aretha used the song, then she would be entitled to 50% of the profits made. - The song profits $1 million,Ssanders only received $45,000 - Contract was made in Michigan but Sanders wanted to have it tried in Illinois. Issues: Where should this case be tried? Holding: Michigan Reasoning: Michigan courts have better resources and greater knowledge of contractual laws. Also it is more convenient. US v Mellette Facts - Citadel accepted only male students. - Shannon Faulkner was admitted to citadel. - Refused to let her in upon the knowledge that she was a female

- Faulkner drops suit but Mellette picked it up - Citadel tried another program, accepting females - Mellette goes to west point - District court ruled in favor of plaintiff. Citadel appeals, and then Mellette appeals Issues: did Mellette deserve injunction relief? Can citadel be only men? Holding: No, on both accounts Reasoning: the citadel was not causing any harm to Mellette. Article III was lost when she transferred to West Point. However due to the Equal protection clause, citadel must allow admission to women. Lunney V United States Facts - Tomich receives a medal of honor after his death, next of kin could not be found. - Commander of the USS Tomich presented with Tomichs medal. - Lunney Claims that they must find the next of kin Issues: Should Tomich be awarded the medal? Holding: The US navy is in control of the medals Reasoning: A person with no knowledge of existence doesnt have subject matter jurisdiction.

PPX Enterprises Facts - PPX dealt with an attempt to have an arbitrators award vacated by a record distributor. - PPX holds the rights to the recording of Jimmy Hendrix. - Breach of contract deducting money from the artist and producer royalties. Issues: can scepter enterprises deduct gross income received by scepter artist? Can scepter enterprises retain a proportional amount in reserve for artists/producer royalties, if so, is it justified? Holding: No Reasoning: letter of agreement between the parties permits only the results reached by the arbitrators. United Paper workers International v. Misco Facts - Misco policy states that if workers are under the influence of drugs/alcohol on company property, they would be terminated. - Cooper was found with marijuana in his car and was fired from Misco. - Cooper files grievances - Arbitrator took over and rules in favor of cooper - District and appellate courts rule in favor of cooper Issues: could these courts overturn the arbitrators decision? Holding: No Reasoning: the violation of Miscos policy by cooper was not factual. Evidence of the marijuana was not enough to overturn the decision. Screen Actors Guild v. A. Shane Company Facts - Todd Allen was awarded pension and benefits for one year by an arbitrator. - SAG wants compensation for attorney fees.

- Robert Conrad employed Allen. - Contracts were under review during the case to see if these payments were upheld. - Allen didnt finish the series he was involved in. Issues: Based on a review of the contract, can the arbitrators ruling be reversed? Holding: No Reasoning: The contracts were correctly interpreted by the arbitrator and the law upholds the arbitrators decision for awards and the attorney fees.