3. Buster operates Buster's Safe Waste, a company that transports toxic chemicals. Buster'scompany advertises itself as the safest toxic waste transport in the country. They takeprecautions are over and above all federal and state safety guidelines. In spite of these addedsafeguards, one of Buster's drivers is involved in an accident while transporting radioactivewaste. Can Buster's Toxic Waste be held liable for injuries and harm caused by the radioactivematerial spilled in the accident?

Toxic waste is described as a chemical waste material that can potentially cause injury or death to…

Answered: Buster operates Buster's Safe Waste, a…

Practical Management Science

6th Edition

ISBN:9781337406659

Author:WINSTON, Wayne L.

Publisher:WINSTON, Wayne L.

Chapter2: Introduction To Spreadsheet Modeling

Section: Chapter Questions

Problem 20P: Julie James is opening a lemonade stand. She believes the fixed cost per week of running the stand...

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Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.
Business Tort of Negligence Dewayne, a driver for Speedy Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument? Your paper should be between 500-750 words, with at least two cited external resources. View your assignment rubric. ROLK LOVE
A State statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended for ten days challenges the constitutionality of his suspension on the ground that he was denied due process. Was due process denied? Explain.
Suture Express was a new upstart specializing in the medical supply network by selling only sutures. Owens & Minor was a medical supply distributor that carried all types of medical supplies, including sutures. Owens & Minor began bundling provisions that required its customers to pay a premium for all medical products unless the customer agreed to purchase its sutures. Suture Express brought suit alleging a loss to Owens & Minor through anticompetitive practices. Is this a tying situation that violates federal antitrust laws? Why or why not?
Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?
Brian Cleary and Rita Burke filed a suit against cigarette maker Philip Morris USA, Inc., seeking class-action status for a claim of deceptive advertising. Cleary and Burke claimed that “light” cigarettes, such as Marlboro Lights, were advertised as safer than regular cigarettes, even though the health effects are the same. They contended that the tobacco companies concealed the true nature of light cigarettes. Philip Morris correctly claimed that it was authorized by the government to advertise cigarettes, including light cigarettes. Assuming that is true, should the plaintiffs still be able to bring a deceptive advertising claim against the tobacco company? Why or why not?
Judy, a citizen of New Jersey, was crossing a street in Memphis, Tennessee when a car driven by Ms. Wall, a citizen of Texas, struck her. Ms. Wall's employer, an Oregon corporation that has it principal place of business in Jersey City, New Jersey, owned the car. Judy sues both Ms. Wall and the corporation in the federal district court in Tennessee. Judy's complaint alleges damages in the amount of $150,000. Does this court have jurisdiction? Why or why not?
William Brill a truck driver, had just delivered lumber to Queens lumber. As he was returning to his truck he was hit by a forklift driven bv an employee eric vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence. What elements does brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle have to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? Brill v Queens lumber Co.
ANTHEM’S AVOIDABLE EMERGENCY ROOM POLICYAnthem, 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). What other solutions could be used…
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.
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?
Business law dis

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