Buster operates Buster's Safe Waste, a company that transports toxic chemicals. Buster's company advertises itself as the safest toxic waste transport in the country. They take precautions are over and above all federal and state safety guidelines. In spite of these added safeguards, one of Buster's drivers is involved in an accident while transporting radioactive waste. Can Buster's Toxic Waste be held liable for injuries and harm caused by the radioactive material spilled in the accident?
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- Explain the concept of product liability and the legal obligations of businesses to ensure the safety of their products. Discuss the potential legal consequences for businesses in cases of defective products and consumer harm.KSR designs and manufactures auto parts and sells them to auto manufacturers (not consumers). KSR developed a pedal device for Ford vehicles and also received a patent on the pedal device. KSR also sold products to General Motors (GM), and, in order to make the pedal device compatible for GM cars, KSR added an electronic throttle control to the pedal device. Teleflex claimed to have a patent for the pedal device that could be connected to such a throttle and, therefore, sued KSR for patent infringement. KSR defended on the basis that the device produced for GM was simply a combination of two existing products and was not patentable.Anthem, one of the largest healthcare insurers in the United States, implemented an“avoidable ER” policy to help manage the care of its enrollees. The policy stated thatAnthem would not pay for emergency room visits if the company determined that the visitwas not necessary. The policy, which was instituted in six states beginning in 2015, wasmeant to encourage patients to seek care in appropriate settings. However, providers feelthat this policy might cause patients to avoid emergency treatment, even when it isnecessary. In response to customer and provider complaints, Anthem created severalexceptions: Claims will be covered if a healthcare provider tells a patient to go to theemergency room, if the patient is under 15 years of age, if the patient is outside his or her state of residence, and if the patient had a CT scan or MRI or underwent surgery. Still,providers are unhappy with the policy (Livingston 2018).How is this policy an example of managed care?
- After meeting with a supervisee, the supervisor believes that one of the supervisee’s clients is in danger of harming herself. The supervisee disagrees, he believes that the client is not at risk and decides not to take any action, despite requests by the supervisor. The supervisor decides to contact the client herself and makes arrangements to have her committed to a psychiatric unit. Has the supervisee acted ethically? Professionally? Has the supervisor acted ethically? Professionally?A country western singer signed a contract with permission of her parents/guardians. She just wanted to sign. The contract was being managed by a long-standing icon in the music industry. What type of conduct is the long-standing icon exhibiting? a) Taking unfair advantage b) Conflict of interest c) There is no ethical dilemma because her parents/guardians were involved d) Taking something that does not belong to youA statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvin’s cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Company liable to Calvin? Why?
- Wisconsin passes a state law that bans all semi-trucks from carrying double-trailers on roads in our state (see picture below). The state's ostensible reason for passing the law is to reduce accidents on the road. Double-trailers a more likely to be involved in accidents than single-trailer semis. A national trade group representing freight companies sues the state, arguing that the law violates the Dormant Commerce Clause. Would the state law violate the Dormant Commerce Clause? Explain your decision.Describe the constitution of Canada's division of powers and how it relates to environmental legislation. Describe the sources and boundaries of each level of government's jurisdiction and authority with regard to environmental law (Canada).The Commerce Clause. Regency Transportation, Inc., operates a freight business throughout the eastern United States. Regency maintains its corporate headquarters, four warehouses, and a maintenance facility and terminal location for repairing and storing vehicles in Massachusetts. All of the vehicles in Regency’s fleet were bought in other states. Massachusetts imposes a use tax on all taxpayers subject to its jurisdiction, including those that do business in interstate commerce, as Regency does. When Massachusetts imposed the tax on the purchase price of each tractor and trailer in Regency’s fleet, the trucking firm challenged the assessment as discriminatory under the commerce clause. What is the chief consideration under the commerce clause when a state law affects interstate commerce? Is Massachusetts’s use tax valid? Explain
- In 1992 the state of California charged Sears Auto Centers with overcharging customers for unneeded or unperformed repairs. Sears agreed to a settlement that could cost as much as $20 million. Sears had compensated its salespeople with commissions based on total sales. Following the settlement, Sears dropped the commissions and went to a straight salary. Sears recently indicated that it is planning to reinstate commissions for salespeople in their Auto Centers. It even plans on paying commissions for selling customers brake jobs and wheel alignments. These two products were the core of the 1992 scandal. Sears says that it has taken steps to prevent a recurrence of past problems. In particular, the decision right to recommend repairs is granted to mechanics who are paid a straight salary. Sales consultants are paid commissions for selling repair services but are not authorized to recommend repairs. Under the old system that caused problems, these individuals diagnosed repair…The United States Department of Transportation regulates that certain employees engaged in oil and gas pipeline operations are required to submit to random drug testing. The employee does not have to be suspected of drug use before being tested. Review the documents found at https://www.transportation.gov/odapc. If the employees challenge this rule in court, will the rule be upheld? What is a police state? If the United States were a police state, privacy and other rights that we often take for granted could be commonplace and easily justified in the interest of security. If that were the situation, would a case like this one have even come before a court? What is a safety sensitive position? Why are these positions highly regulated? What advantages are there to an employer to use basic principles of fairness in investigating and disciplining employees? Do you think that employees who feel that they are being treated fairly will likely be more productive and more loyal than employees…In January 2016 Ben Sisko bought a “Quark's Burgers” franchise in Montana. Quark's Burgers has over 100 franchisees, and its franchise agreement states that all franchisees must offer menu items as directed by Quark's Burgers, and that the failure to do so could result in the immediate termination of the franchise. Ben bought the franchise because he was a vegetarian, and its menu was free of meat products. In addition, Ben's religion forbids the eating of any meat products. Ben's franchise was very successful, and every year he received an award from Quark's Burgers for being one of the top 10% of its franchisees. In April 2019 Quark's Burgers changed its menu; among the changes included breakfast sandwiches with bacon, ham, or sausage. Ben refused to sell these items at his store on the ground that his religion forbids the eating of pork products. In January 2020 Ben opened a second franchise, at which he also refused to sell products with meat products. Ben's franchises…