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

Posted by Stephen D’Angelo.

Just six hours after New York Attorney General placed a temporary injunction, which would stop sites like Fanduel and DraftKings from doing business in New York, an appellate court saved them by issuing an emergency temporary stay that will allow New Yorkers to continue to use Fanduel and Draft Kings until further notice. This stay will last at least till the end of the year which is likely when a permanent decision will be made, “Eventually, both sides will go before a panel of four or five appellate judges” Randy Mastro said, from an outside council for DraftKings.

The State of New York is likely to win the case because of the wording of their law on gambling. Fantasy football gambling sites commonly use the defense that they don’t take wagers, they take entry fees. In many states, this allows them to continue to do business. But, New York is stating that their penal law does not refer to “wagering” or “betting.” Instead it states that a person, “risks something of value.”

Although New York has the upper hand, the laws in place are very vague. The statement regarding risking something of value had no relation to online fantasy sports gambling when created. It was worded this general because that would include gambling bookies in a gambling law. I personally do not believe that Fantasy sports gambling will be shut down in New York. The NBA, NHL, and MLB all own equity in Fanduel and the likelihood of the 600,000 New Yorkers who play daily fantasy to not be able to in the New Year is very slim.

Stephen is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2017.

Posted by Ryan Neligan.

Earlier in the month, the state of New York banned the use of Fanduel and Draftkings, both websites in which people use to bet on daily fantasy sports. These websites are run daily in which people place down money and compete against each other in order to see who the best judge of sports is, and the winner acquires a large sum of money from those people who took place in the game. Games like this take place all over the world through these websites and have instantly gained a great amount of popularity.

The attention it is getting from the population has caused some heads to turn, such as the state government of New York. It has seen these websites as illegal gambling taking place within the state, and New York’s attorney general is set on shutting down this business. FanDuel and DraftKings are not going down without a fight though, as “the two biggest daily fantasy sports sites are taking on Eric Schneiderman in court, accusing him in lawsuits of bullying and abusing his powers in ordering that they stop operations in New York and are seeking a judge’s order to let them keep operating” (BloombergBusiness). To lose the participation of New York would be a huge blow for these two businesses, because New York accounts for “more than $1 billion each and have drawn investors across the sports, media and venture-capital industries. The state accounts for 5 percent of FanDuel’s customers and more than 7 percent for DraftKings, according to the companies’ filings” (BloombergBusienss).

Fanduel and DraftKings are taking action and are filing suit against this banning, for they do not see their business as an illegal online gambling site. They see it as a game of skill and knowledge in sports. Fanduel stated in its complaint about the case that “Such a shutdown would deprive hundreds of thousands of subscribing New Yorkers of the opportunity to pit their skills against the skills of others in selecting a ‘fantasy’ team of athletes from different sports teams and competing in contests offering prizes to the players whose fantasy teams perform best” (BloombergBusiness).

The case can be made for both sides of the argument. These websites are definitely a test of skill in the area of sports just like when people play regular Fantasy games, but it can also be seen as a website used for gambling and requiring money online, which is illegal in the state of New York. If these website continuing operating, the attorney general will take action and put chargers against these companies. The people of New York will be watching this case closely to see what the final outcome is, but for now daily fantasy sports has been banned from the state.

Ryan Neligan is a finance major at the Stillman School of Business, Seton Hall University, Class of 2018.

Sacramento Kings Limited Partnership LP v. M-F Athletic Co. Inc.

Posted by Abigail Hofmann.

Francisco Garcia of the Sacramento Kings was lifting weights on a Ledraplastic exercise ball on October 9th, 2009. The 195 pound player was lifting two 80 pound weights while on the ball when it suddenly burst beneath him. This supposed “burst resistant” ball advertised its ability to withstand weight up to 600 pounds. In the fall, Garcia suffered a fracture to his forearm, causing ineligibility for upcoming games. This injury came shortly after signing a five year, $30 million contract. Because of this, the Sacramento Kings wanted “to recoup the more than $4 million in salary, medical expenses and other costs it incurred after Garcia’s injury, as well as prejudgment interest.” (Bricketto)

Ledraplastic initially refused to reimburse the Kings or Garcia for the financial loss or issue a statement recalling the products or forewarning about potential dangers. In the Kings’ product liability case, they were able to prove that the ball burst at weights of mere 400 pounds, rather than the advertised 600 pounds, and that “for a very small expense, the ball could have been made thicker and would have provided the burst resistant capacity as represented.” (Bricketto) Eventually, a settlement was done in private, but the Kings “sought reimbursement for the salary they paid Garcia,” and “Garcia had also sought damages for pain and suffering as well as loss in future earning capacity.” (Lu)

Ultimately, this product liability case was pretty clear on who was at fault: Ledraplastic claimed to have a ball that withstood weights up to 600 pounds, yet failed to hold even 400 pounds. This caused an injury resulting in millions of dollars of damages, and up until the settlement, Ledraplastic refused to forewarn others about this potential danger. Although the settlement was private, we do know that Ledraplastic is now required to warn users of the dangers of using the ball while lifting free weights, hopefully preventing many similar injuries.

Abigail is a management, marketing, and finance major at the Stillman School of Business, Seton Hall University, Class of 2019.

Works Cited:

Bricketto, Martin. “NBA Team Sues Exercise Ball Cos. Over $4M Injury – Law360.” NBA Team Sues Exercise Ball Cos. Over $4M Injury – Law360. N.p., n.d. Web. 08 Sept. 2016.

Lu, Andrew November 1, 2012 5:54 AM. “NBA Star Francisco Garcia Settles Exercise Ball Lawsuit.” Injured. N.p., n.d. Web. 07 Sept. 2016.

BBC Archives – Blog Business Law – a resource for business law students

Research proposal posted by Jessica Page.

Topic

The principle of double effect creates a set of guidelines to “determine when it is ethically permissible for a human being to engage in conduct in pursuit of a good end with full knowledge that the conduct will also bring about bad results” (The Principle of Double Effect). Generally, the principle states that when someone is deciding a certain conduct that has both good and bad effects, the course of conduct they choose is “ethically permissible only if it is not wrong in itself and if it does not require that one directly intend the bad result” (The Principle of Double Effect). The moral criteria for the principle of double effect generally states the action in itself must be good or indifferent, the good effect cannot be obtained through the bad effect, there must be a proportion between the good and bad effects brought about, the intention of the subject must be directed towards the good effect and merely tolerate the bad effect and there does not exist another possibility or avenue (What is the Principle of Double Effect?).

Pros and Cons

The issue with the principle of double effect is that each situation where the principle applies is different. If an act is bad, it cannot become good or indifferent by a good motive or good circumstances. If it is evil in nature, this will not change. That being said, the principle “the end justifies the means” must always be rejected. The idea that needs to be applied to each issue is the fact that a human must never do evil, but they are not bound to prevent the existence of evil. One example we can apply this to is the BP oil spill that was discussed in class. By not mandating a cut-off switch because of how expensive it was, even though the safety benefits were astronomical, when an explosion happened on one of the rigs, eleven workers were killed and seventeen were injured. Not to mention the five million barrels of oil that gushed into the ocean. Had the US mandated these switches like they wanted, even though BP lobbied against them, it could have avoided the deaths, injuries and pollution caused by the exploding rig. In this case, the deaths and havoc caused by the explosion did not justify the fact that BP was trying to save money for their own personal benefit. Another example where the principle of double effect is relevant today is the controversy of euthanasia. It is used to justify the case “where a doctor gives drugs to a patient to relieve distressing symptoms even though he knows doing this may shorten the patient’s life” (BBC). The doctor’s intention is not to kill the patient, but the result of death is a side-effect of reducing patient’s pain. One problem that people argue against this doctrine is the fact that they believe we are responsible for all anticipated consequences of our actions. Another is the fact that intention is irrelevant. A third issue, specifically in the euthanasia issue, is the fact that death is not always seen as a bad thing making the double effect irrelevant. Lastly, the double effect can produce an unexpected moral result.

Ethics and Principles

When looking at the incorporation of Catholic, one of the main issues that concerns this principle and the Catholic religion is that case where a pregnancy may need to end in order to preserve the life of the mother. The example most often given is a woman with uterine cancer. By removing the uterus, it will bring death to the fetus but the death is not “directly” intended and in turn, the mother will live. It is an issue that still is debated today (Soloman). Another similar case having to do closely with Catholic ideals is when a woman has an ectopic pregnancy and must receive surgery to remove the embryo. At a Catholic hospital, it can be questioned whether that specific procedure is considered a direct abortion, going against the Catholic ideals and morals, no matter what the means of the surgery are. “The principle of double effect enables bioethicists and Catholic moralists to navigate various actions that may or may not be morally justifiable in some circumstances” (Kockler). The idea of proportionate reasoning has also been condemned by Pope John Paul II. He categorized proportionalism as a species of consequentialism. This is condemned by the Church because no Catholic moralist would agree that a desirable end justifies any means (Kockler). These are serious issues, especially when considering the principle of double effect from a Catholic standpoint.

Works Cited:

Kockler, Nicolas. The Principle of Double Effect and Proportionate Reason. http://journalofethics.ama-assn.org/2007/05/pfor2-0705.html

“The Doctrine of Double Effect”. BBC. http://www.bbc.co.uk/ethics/euthanasia/overview/doubleeffect.shtml

“The Principle of Double Effect”. http://sites.saintmarys.edu/~incandel/doubleeffect.html

“The Principle of Double Effect”. http://www83.homepage.villanova.edu/richard.jacobs/MPA%208300/theories/double%20effect.html

“What is the Principle of Double Effect?” http://ncbcenter.org/document.doc?id=132

Posted by Rizzlyn Melo.

The practice of corruption in any company hurts every single person involved. This is certainly the case with Petrobras, a Brazilian state-run oil company. The corruption that has been associated within the large company has caused it exponential damages and has tarnished the reputations of both business executives and political figures. In the BBC article, it was reported that the company suffered an “overall loss of $7.2 billion” and an impairment charge of $14.8 billion that reflects the decreased value of its assets. These figures represent the first losses the company has suffered in decades.

The unfortunate circumstances Petrobras is currently facing are the results of various criminal activities. One of the most scandalous discoveries made against Petrobras is its members’ involvement in bribery. Bribery can be defined as the unlawful offer or acceptance of anything of value in exchange for influence on a government or public official. Various government officials have been linked to these bribery allegations. Even Brazil’s president, Dilma Rousseff, has endured scrutiny for her alleged involvement. Rousseff was a board member of Petrobras during the time of the illegal activity. Thousands of Brazilian people have protested against their elected president. Later, however, an attorney general of any charges exonerated Rousseff. Another form of corruption Petrobras has been accused of is money laundering, which is the concealment of the origins of money obtained illegally. In this case, money laundering was employed to hide bribes as well as several illegal donations made to political parties.

At least forty politicians are currently under investigation. That number does not even include the numerous business executives that have lost their positions. The criminal activities of this one company have ruined countless lives and has shaken an entire nation. The corruption in Petrobras demonstrates how important business law is in keeping companies such as this in check. Petrobras has lost more trust than profit, and that is something it cannot easily make up.

Rizzlyn is a business administration major with a concentration in marketing at Montclair State University, Class of 2017.

“Trias Politica”

Posted by Arben Bajrami.

The United States’ government is divided into three branches – the legislative branch, the executive branch, and the judicial branch. The legislative branch is in charge of enacting the laws of the state and handling the money needed for our government to function. The executive branch is responsible for enforcing and implementing the laws and policies made by the legislative branch. Finally, the judicial branch is in charge of interpreting the constitution and handling the controversies that are brought before them.

Our democratic government cannot function with a complete separation of powers or an absolute lack of separation of powers. This is because the powers of the government are interrelated; they are too abstract to be completely separated from on another.

“The term ‘trias politica’ or ‘separation of powers’ was coined by Charles-Louis de Secondat . . . .” To properly promote liberty, these three powers must remain isolated and act independently. The purpose is to make sure there is no concentration of power and that checks and balances are executed properly.

Arben is a marketing major at Montclair State University, Class of 2016.

Tesla Attempts to Bypass Dealerships

Posted by Ali Paladino.

Recently, on September 1, 2016, the electric car maker Tesla Motors was called out for attempting to sell their vehicles directly to their customers in Missouri. The judge ruled Tesla’s efforts to rule out the middleman, car dealerships, violated state law.  The Missouri Revenue Department “gave the California-based manufacturer a license for a University City dealership in 2013 and a franchise license for a Kansas City dealership in 2014.” Both of these licenses allowed Tesla motors to sell their vehicles directly to their customers, disregarding any use of dealerships.

The court ruled this was not suitable, and Missouri Automobile Dealers Association agreed. The Association sued the State claiming that “it had given Tesla special privileges,” in their attempts to disregard using franchised dealerships to sell their vehicles. The court ruled that Tesla’s action was not technically unconstitutional, but held the licensing was not allowed. Tesla argued the ruling against them was going to damage the company and suppress their ability to compete with other motor vehicle companies. The company also argued the order was an “attempt” to “limit consumer choice in Missouri.” Yet, Tesla appears to be determined to try and continue to sell to their customers directly in the hopes that this will improve their bottom-line. Doug Smith, head of the Dealers Association, however, does not agree with Tesla’s actions and believes that it is not fair to other manufacturers. He believes all manufacturers should be “treated the same in Missouri.”

I have to agree with Doug Smith. I do not think Tesla should have the right to sell directly to their customers and completely bypassing dealerships, only because it puts the company on a different playing field than other motor vehicle companies. I do not believe that is fair.

Tesla has looked at other ways to get around laws in other states in order to improve their sales; however, I do not agree with this either. In this situation, the law stands blurry and unclear and it is intriguing to see how far Tesla will go in attempts to get around the law.

Ali is a finance major at the Stillman School of Business, Seton Hall University, Class of 2019.

IRS Fraud Scam Bilks People For More Than $23 Million

Online fraud is alive and well. About 4,550 people have been scammed by foreigners posing as IRS personnel and telling them they are about to be sued for unpaid taxes. The Treasury Inspector General, J. Russell George indicated they are working on bringing to justice the perpetrators of “‘the largest of its kind’” scam, yet taxpayers are urged to remain on “‘high alert.’”

According to George, a scammer will call an unsuspecting individual, claiming to be from the IRS. The “scammer tells the person that they have unpaid taxes and threatens him or her with a criminal violation, immediate arrest, deportation or loss of a business or driver’s license unless they settle the fees via a debit card or a wire transfer.” People have a hard time telling whether the call is legitimate because the scammers either use a robocall machine that leaves a message stating it is the IRS and they are being sued, or callers giving the last four digits of the victim’s social security number, or fake emails appearing to come from the IRS.

One of the ringleaders officials caught, Sahil Patel, is serving a 14 year sentence in federal prison for organizing call centers based in India, as part of the U.S. side of the scam.

NJ Settlement with Exxon: Was it Enough?

Posted by Keith Cleary.

A lawsuit has erupted between Exxon Mobile and the state of New Jersey, particularly two industrial sites in New Jersey, Union and Hudson counties, according to the New York Times (Sullivan). The lawsuit, “which has been filed in 2004 and litigated by four administrations, is a $8.9 billion dollar lawsuit.” (Sullivan). The lawsuit is about the contamination that Exxon left on the marshes and forestland, and New Jersey is willing to pay $250 million dollars to clean up the 1,500 acres of petroleum contaminated fields. The $250 million dollars that Exxon offered to pay is not nearly enough to pay the amount it would actually take to clean the fields.

The amount that Exxon offered to clean up the fields, “infuriated environmentalists and a state lawmaker, after experts determined that it would cost billions to clean up the properties in northern New Jersey.” (Sullivan). In particular, the areas that the lawsuit covers are the facilities of the Bayonne and the Bayway sites, where surprisingly, the use of chemical production and petroleum refining goes back to a hundred years. Those years of spills also contributed to the contamination of the lands. “A report compiled for the state by Stratus Consulting of Colorado determined that it would take $2.5 billion to clean the site up, and an additional $6.4 billion to restore enough wetland and forestland.” (Sullivan).

Many people are questioning why the state decided to settle for such a low amount of money. Debbie Mans, head of NY/NJ Baykeeper, said, “I think it’s criminal to settle so low.” (Sullivan). Settling an almost $9 billion dollar lawsuit with $250 million is by far criminal. It is like paying $500 dollars for a $250,000 Ferrari. However, along with making the state accountable for the cleanup of the area, they were trying to “reimburse taxpayers for the years of lost use—the same way a victim of a car accident can seek lost employment wages from the responsible driver.” (Sullivan). So, not only are they trying to make up for the damages but also lost time.

There was also speculation about donations made from Exxon to the Republican Governor’s Association while Christie was chairman of the organization. “The Exxon Mobile Corporation contributed more the $500,00 to the association in 2014 during Christie’s tenure, and $200,00 in 2013.” (Sullivan). Even though all of these contributions were made, apparently none of it had anything to do with Christie being chairman. With the small settlement, it was called into question what it would be used for. Prior to this, Christie’s administration used $130 million of a $190 million settlement with a Passaic River polluter to the state’s general fund.

Keith is a business law student at Montclair State University, Class of 2017.

Arben Bajrami Archives – Blog Business Law – a resource for business law students

Posted by Arben Bajrami.

Sweatshops, or a workplace with unacceptable working conditions, have remained a problem up until recent years in business and in our economy.  Companies such as Nike and Adidas have workers in foreign countries sewing and producing equipment, apparel, and footwear for very little pay.  It is said that these sweatshop workers receive something called “living wage,” which is only five hundred dollars a month, or just enough money to survive.

Laborers that work in sweatshops are considered highly unethical.  Also, these items cost very little money to make but sell at outrageously high prices in retail stores.  For example, if it costs Nike four dollars and eighty cents to make a shirt, retail stores often mark up the product for eighteen dollars.

At least certain companies, such as Knights Apparel, are making a conscious effort to raise awareness to the horrors of sweatshops. Knights Apparel works closely with a program called Worker Rights Consortium.  They work “‘to combat sweatshops and protect the rights of workers who sew apparel and make other products sold in the United States.’”

Arben is a marketing major at Montclair State University, Class of 2016.

Posted by Arben Bajrami.

The United States’ government is divided into three branches – the legislative branch, the executive branch, and the judicial branch. The legislative branch is in charge of enacting the laws of the state and handling the money needed for our government to function. The executive branch is responsible for enforcing and implementing the laws and policies made by the legislative branch. Finally, the judicial branch is in charge of interpreting the constitution and handling the controversies that are brought before them.

Our democratic government cannot function with a complete separation of powers or an absolute lack of separation of powers. This is because the powers of the government are interrelated; they are too abstract to be completely separated from on another.

“The term ‘trias politica’ or ‘separation of powers’ was coined by Charles-Louis de Secondat . . . .” To properly promote liberty, these three powers must remain isolated and act independently. The purpose is to make sure there is no concentration of power and that checks and balances are executed properly.

Arben is a marketing major at Montclair State University, Class of 2016.

Steve Jobs Archives – Blog Business Law – a resource for business law students

Posted by Ysabel Capitan.

The optimal way to study business law is to see how it is applied in the real world by seeing the myriad of legal battles under the field.  Of course, in a naturally competitive world of corporate entities, lawsuits are common defense mechanism and tactic for upholding the success and integrity of a business.  Perhaps the quintessential legal battle in business law in the technology industry can hail from the lawsuit that Apple had set out against Microsoft in 1988. Technology and business savants in Bill Gates and Steve Jobs would see their lives changed forever with this lawsuit after the latter accused the former of stealing their intellectual property.

Apple sued Microsoft in a copyright dispute for stealing their graphic user interface in their computing devices. The way a user runs a computer today is because of Steve Jobs’ and Apple’s foray into operating systems.  The symbols on the monitor, the mouse icon, the application list, it is because of Apple’s popularization of their operating system.  Bill Gates then made a similar system that we all know as Windows for Microsoft computers by using his own set of icons.  For example, instead of calling them “applications” on a Macintosh computer, Bill Gates called it a “program” to differentiate it just enough on Windows.  Apple, who was infuriated over their work being plagiarized, decided to take matters into court with a lawsuit. According to the New York Times in 1988, “Hoping to protect a key selling point of its Macintosh, Apple Computer Inc. filed a copyright-infringement suit against the Microsoft Corporation and the Hewlett-Packard Company.  Apple said software programs sold by the two companies infringed on copyrights Apple held for the way information is presented and controlled on Macintosh screens.“

Apple argued that while Microsoft did change things slightly, the overall premise was the same thing as copying. Microsoft cleverly argued that they would have to copy them entirely in order for this to be a copyright dispute. According to the Seattle Times, “Apple felt the question was too narrow. Attorney Edward Stead argued that a ‘substantial similarity’ standard taking into account small differences but considering overall resemblance – ‘look and feel’- should be applied. “We think it is important that innovative graphical computer works receive the protection to which they are entitled under the copyright law,” Stead said. But Microsoft attorney Bill Neukom countered, “In order to have a copyright infringement, you have to copy. And we didn’t copy.”

Microsoft did just enough to win the lawsuit and shows how tricky copyright law and the entire field of intellectual property is.  Because this was done in a time where computing was a brand new aspect, the courts believed that Microsoft changed enough in order for them to win the lawsuit. It would be interesting to see how a court ruling would have been done today in a time where technology has so clearly advanced to the public. Regardless, this court cases shows the inherent subjectivity of copyright law and how the entire field is truly in a gray area — and not in black or white.

Ysabel is a marketing and finance major at the Stillman School of Business, Seton Hall University, Class of 2019. 

Posted by Keith Cleary.

For almost a half of a decade now, over 40 patent lawsuits have been going on between “the two largest smartphone companies, Apple and Samsung.” (Chowdhry). However, the two companies came to terms on ending all of the patent lawsuits that are outside of the U.S. These countries are all over the world including Britain, Spain, Germany, and Italy. Even though these two technology giants are dropping their lawsuits against each other internationally, they still have not ended their lawsuits against each other in the states. A few years ago, “a jury in California awarded Apple with $119 million out of a $2.2 billion lawsuit against Samsung three months ago”(Chowdhry). Even, though they settled their disputes overseas, the two competitors are still relentless with their lawsuits.

Some of the lawsuits are driven by a patent lawsuit filed in 2011. Steve Jobs was actually behind the lawsuits in 2011 saying, “I’m willing to go thermonuclear war on this.” (Chowdhry). “This” meaning the lawsuits filed in 2011 were over Samsung’s Android. The two companies have tried to work out their differences through a mediator but to no avail. Judge Lucy Koh of the U.S. District Court was actually really hoping for a resolution. She stated, “If all you wanted is to raise awareness that you have I.P. (Intellectual Property) on these devices, messages delivered. In many respects, mission accomplished. It’s time for peace.” She further stated, “If you could have your CEOs have one last conversation, I’d appreciate it.”(Chowdhry). She realizes that the two companies do not want each other copying off their designs and property.

The comical part about all of this is that, with all the lawsuits going on, Samsung and Apple are business partners. Samsung supplies major components to Apple’s products, such as memory chips and processors. However, it does not look like this relationship will last forever. While Apple is one of Samsung’s biggest customers, it looks like their taking business elsewhere—“Taiwan Semiconductor Manufacturing Company,” to be exact. (Chowdhry). Apple buys chips and other components from them.

The good news is that Apple is reducing the amount of lawsuits against Samsung. Apple dropped one of their lawsuits for patent infringement and the two companies settled another lawsuit with the U.S. International Trade Commission regarding an important ban on Samsung’s products (Chowdhry). With the dropped lawsuits, there is a chance for amends and a new relationship between them.

Keith is a business law student at Montclair State University, Class of 2017.

NJ Settlement with Exxon: Was it Enough?

Posted by Keith Cleary.

A lawsuit has erupted between Exxon Mobile and the state of New Jersey, particularly two industrial sites in New Jersey, Union and Hudson counties, according to the New York Times (Sullivan). The lawsuit, “which has been filed in 2004 and litigated by four administrations, is a $8.9 billion dollar lawsuit.” (Sullivan). The lawsuit is about the contamination that Exxon left on the marshes and forestland, and New Jersey is willing to pay $250 million dollars to clean up the 1,500 acres of petroleum contaminated fields. The $250 million dollars that Exxon offered to pay is not nearly enough to pay the amount it would actually take to clean the fields.

The amount that Exxon offered to clean up the fields, “infuriated environmentalists and a state lawmaker, after experts determined that it would cost billions to clean up the properties in northern New Jersey.” (Sullivan). In particular, the areas that the lawsuit covers are the facilities of the Bayonne and the Bayway sites, where surprisingly, the use of chemical production and petroleum refining goes back to a hundred years. Those years of spills also contributed to the contamination of the lands. “A report compiled for the state by Stratus Consulting of Colorado determined that it would take $2.5 billion to clean the site up, and an additional $6.4 billion to restore enough wetland and forestland.” (Sullivan).

Many people are questioning why the state decided to settle for such a low amount of money. Debbie Mans, head of NY/NJ Baykeeper, said, “I think it’s criminal to settle so low.” (Sullivan). Settling an almost $9 billion dollar lawsuit with $250 million is by far criminal. It is like paying $500 dollars for a $250,000 Ferrari. However, along with making the state accountable for the cleanup of the area, they were trying to “reimburse taxpayers for the years of lost use—the same way a victim of a car accident can seek lost employment wages from the responsible driver.” (Sullivan). So, not only are they trying to make up for the damages but also lost time.

There was also speculation about donations made from Exxon to the Republican Governor’s Association while Christie was chairman of the organization. “The Exxon Mobile Corporation contributed more the $500,00 to the association in 2014 during Christie’s tenure, and $200,00 in 2013.” (Sullivan). Even though all of these contributions were made, apparently none of it had anything to do with Christie being chairman. With the small settlement, it was called into question what it would be used for. Prior to this, Christie’s administration used $130 million of a $190 million settlement with a Passaic River polluter to the state’s general fund.

Keith is a business law student at Montclair State University, Class of 2017.