New Mexico Archives – Blog Business Law – a resource for business law students

Posted by Alexa Christie. In Frankfort, Kentucky, Attorney General Andy Beshear sues Volkswagen claiming the automaker’s diesel emissions cheating scheme violated the state’s consumer protection law. There were 3,800 vehicles registered in Kentucky with this defect. The lawsuit was filed in a state court. “”We have a very strong law that is meant to prevent …

POM Wonderful LLC v. Coca-Cola Co.

Posted by Victoria Gencarelli. Product liability is a prevailing issue and concern for companies and businesses who are marketing and selling their products. It is a company’s duty to take the liability for manufacturing and selling a product that is defective or damaged. By creating and issuing a defective product to the public, it increases …

North Dakota Archives – Blog Business Law – a resource for business law students

Several states have statutes that make it a crime to refuse to take a breathalyzer if suspected of driving under the influence. Some states, like New Jersey, make refusal a civil offense. The High Court is reviewing statutes in North Dakota and Minnesota that make it a crime for people suspected of drunken driving to refuse to take …

Fox News Co-Anchor Sues for Appropriation

Fox News’ Harris Faulkner, co-anchor of the daytime show Outnumbered, sued Hasbro toy company for $5 million. Hasbro sold a toy hamster named the “Harris Faulkner Hamster Doll” as part of their “Littlest Pet Shop” product line. In the complaint, Faulkner alleges unfair competition under the Lanham Act and common law violation of right to publicity. …

James Madison Archives – Blog Business Law – a resource for business law students

Research proposal posted by Elizabeth Donald. Part One: Topic Explanation Liberty of contract was originally introduced into U.S. constitutional jurisprudence through the case of Lochner v. New York, 198 U.S. 45 (1905). In this case, Joseph F. Lochner challenged a provision of the New York Bakeshop Act of 1895 that prohibited bakers from working more …

New Standards in the PCAOB

Posted by Kimberly Culcay. In the article, “What the PCAOB’s new related-party standard means for auditors,” Maria L. Murphy captures the new standard put in place by the Public Company Accounting Oversight Board (PCAOB). The new standard will require auditors to perform specific procedures that are intended to strengthen auditor performance in high-risk areas, such …

House Republicans Have Standing to Sue the Executive Branch Over Obama-Care

A federal court has ruled that the House of Representatives, collectively, has standing to sue the Executive Branch over a provision in the Obama-care legislation dealing with cost-sharing subsidies. These subsidies are intended to help lower income people with their deductibles and co-pays. “Many legal observers expected the lawsuit to fail on standing: that Congress wouldn’t …

Uber Technologies vs. State of New Jersey

Posted by Renaldo Nel. Uber is considering leaving the state of New Jersey if a proposed bill passes. This proposed bill’s main objective is to implement tough regulations regarding commercial insurance.  There is currently an ongoing debate whether there is a gap in the insurance coverage of Uber drivers. Insurance industry experts and New Jersey law …

Lumber Liquidators Sued for Defective Flooring from China

Posted by Melissa Nomani. Lawsuits filed against Lumber Liquidators claim that homeowners who put certain laminate flooring into their home are being exposed to high levels of formaldehyde. This puts them at risk and also lowers the value of their property. As of this July, the number of lawsuits filed against the company has gone …