Case Summary: The automakers of California file a suit, seeking to prevent the enforcement of a law by California legislature that seeks to curb the emissions of carbon dioxide substantially from all automobiles within their territory. The automakers contend that a federal law exists which puts a cap on the emission of carbon dioxide indirectly, by enforcing the fuel economy standards nationwide. The manufacturers claim that natural justice is being denied to them by the harsher restrictions placed by the Californian law.
To Explain: Parties in the suit at hand.
Explanation of Solution
The plaintiffs in the suit would be the group of automobile manufacturers who are against the enforcement of the Californian law, as they are the ones seeking the remedy from the court and who initiated the lawsuit. Whereas, the State of California would be the defendant in this suit, who would put forth their defense, and give reasons for the validity of the law and its enforcement, while furnishing the reasons why the plaintiff should be denied for the remedy.
Want to see more full solutions like this?
Chapter 1 Solutions
The Legal Environment of Business: Text and Cases
- Please discuss the legal and ethical status of the physician's actions in the following case. Include in your analysis any relevant laws A complainant alleged that a private practice physician denied her access to her medical records, because the complainant had an outstanding balance for services the physician had provided. The physician openly admitted that the complainant was not given access to her medical record because of the outstanding balance. The physician noted that it is clearly spelled out in the information given to patients that access to their records is contingent on payment in full.arrow_forwardCharter of Rights and Freedoms In 1988, the federal government introduced a legislation, Tobacco Products Control Act, created in complete and total prohibition on all advertising and promotion of tobacco products in Canada. The act also required a health warning of a specific nature to be put on tobacco packaging and prohibited the manufacturers from putting any other information on those packages. The manufacturer challenged the legislation before the Supreme Court claiming that it interfered with the manufacturer’s right to freedom of expression section 2 (b) of the Charter of Rights and Freedoms. 1) Do Supreme Court has legal right to interpret the legislated law? 2) Does law infringe the freedom of expression of the charter? Please state your reasons.arrow_forwardWisconsin 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.arrow_forward
- What are the penalties and enforcement mechanisms outlined in the Companies Act for non-compliance with its provisions?arrow_forwardLaws referenced and type of law used in the Uber Technologies, Inc. v. Heller (2020) casearrow_forward1. Regarding the Endangered Species Act (ESA), the following statement is true: The act limits its scope to protection with no recovery plans for the species it protects. The act does not allow courts or regulators to take economic factors into consideration in applying its provisions. The act was passed in the year 1952 under the guidelines given by the panel on the Council on Environmental Quality. The act has its scope limited to private businesses. The act provides for exemptions that are applicable to private activities for certain important federal projects. 2. Under the Securities and Exchange Commission's (SEC) quasi-judicial power, it has the right to regulate the various stock exchanges. appoint commissioners. conduct investigations. create legislation relating to federal securities laws.…arrow_forward
- 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…arrow_forwardDo you think courts have struck the right balance between first amendment rights and the antitrust goal of economic efficiency (e.g., preventing undue influence from special interest groups) through the Noerr-Pennington doctrine? If you believe the doctrine is too permissive, what alternatives would you propose?arrow_forwardExplain the legal requirements for protecting consumer rights and preventing fraud, including the role of government agencies such as the Federal Trade Commission.arrow_forward
- BUSINESS LAW 3 - David Ungar holds a Dunkin’ Donut's franchise. The terms of his franchise agreement require him to use only those ingredients furnished by Dunkin’ Donuts. He is also required to buy its napkins, cups, and so on, with the Dunkin’ Donut's trademark on them. Is this an illegal tying arrangement? What if Dunkin’ Donuts maintains that it needs these requirements to maintain its quality levels on a nationwide basis? [Ungar v. Dunkin’ Donuts of America, Inc., 429 U.S 5 - Hines Cosmetic Co. sold beauty preparations nationally to beauty shops at a standard or fixed- price schedule. Some of the shops were also supplied with a free demonstrator and free advertising materials. The shops that were not supplied with them claimed that giving the free services and materials constituted unlawful price discrimination. Hines replied that there was no price discrimination because it charged everyone the same. What it was giving free was merely a promotional campaign that was not…arrow_forwardSpecial Order Earth Baby Inc. (EBI) recently celebrated its 10th anniversary. The companyproduces organic baby products for health-conscious parents. These products include food,clothing, and toys. Earth Baby recently introduced a new line of premium organic baby foods.Extensive research and scientific testing indicate that babies raised on the new line of foodswill have substantial health benefits. EBI is able to sell its products at prices higher than thosecharged by its competitors because of its excellent reputation for superior products. EBI distributesits products through high-end grocery stores, pharmacies, and specialty retail baby stores.Joan Alvarez, the founder and CEO of EBI, recently received a proposal from an old businessschool classmate, Robert Bradley, the vice president of Great Deal Inc. (GDI), a large discountretailer. Mr. Bradley proposes a joint venture between his company and EBI, citing the growingdemand for organic products and the superior distribution…arrow_forwardMr. Nawa Maboshe is a minority shareholder in a company that recently built a clinic for a community in Lusaka that is ten kilometers from the nearest hospital. At a handover ceremony of the clinic to the people of Zambia, the government of Zambia commended and thanked the company for its gesture of corporate social responsibility. However, Mr. Maboshe plans to introduce a motion at the company’s next annual meeting to censure management for spending money on a project that did not advance the economic value of shareholders.REQUIRED:a) What is the relationship between strategy and corporate social responsibility?b) Discuss any THREE (3) reasons why a firm might engage in corporate social responsibility.arrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education