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What law will apply to the breach of- contract claim?federal law,




What law will apply to the breach of- contract claim?federal law, the state law of Louisiana, or the law of Ethiopia?;Attachment Preview;Legal Issues For Managers Chapter 3 Question 2 Page 110.PDF;no;UNIT I;F OUNDATIONS O F THE L EGAL A ND REGULATORY E NVIRONMENT;QUESTIONS AND CASE PROBLEMS;1.;Answer the following questions with regard to the case;Bush v. Gore, 531 U.S. 98 (2000);a. In what year was the case decided?;b. Which court decided the case?;c. Can you tell from the cite which party originally;brought the lawsuit or which party brought the;appeal?;d. Suppose that you want to cite the following passage;that appeared on page 111;None are more conscious of the vital limits on j udicial authority than are the members of this Court, and;none stand more in admiration of the Constitution's;design to leave the selection of the President to the; people, through their legislatures, and to the political sphere. When contending parties invoke the process of the courts, however, it becomes our unsought;responsibility to resolve the federal and constitutional issues the judicial system has been forced to;confront.;Where would the page designation go?;FC Schaffer & Associates, Inc. is an engineering firm based;in Louisiana that did business with ODA Trading Agency;an Ethiopian entity that represents businesses wanting to;do business in Ethiopia. Endrias, the founder and owner;of ODA, employs Mesfin Gebreyes and an i ndependent;contractor, Kifle Gebre. Endrias left Ethiopia to live in;the United States for five years. Shortly after Endrias's;departure, Kifle learned that the Ethiopian Sugar Corporation was going to build a sugar mill and ethanol p lant;in Ethiopia. Kifle then contacted Schaffer about bidding;for the project. Schaffer was interested and entered into a;contract with ODA that provided that Schaffer would pay;a commission to ODA if it was the successful bidder on;the project. Schaffer was the low bidder and was chosen to;build the mill and plant.;Two months after Schaffer was awarded the contract;Endrias returned to Ethiopia and contacted Schaffer to;introduce himself as the owner of ODA. Schaffer had never;worked with or heard of Endrias and decided to enter into;a new agreement with Mesfin and Kifle. This agreement;purported to supersede the prior agreement between Schaffer and ODA. Schaffer refused to pay any commission to;ODA under the first agreement, and Endrias sued Schaffer;for breach of contract in the U.S. District Court for the;Middle District of Louisiana. Can Endrias sue Schaffer;in federal court? What law will apply to the breach-;of-contract claimfederal law, the state law of Louisiana;or the law of Ethiopia? [ODA \: FC Schaffer & Associates;Inc., 204 F.3d 639 (5th Or. 2000).];3.;Spalding Sports Worldwide. Inc. sued Wilson Sporting Goods Company for i nfringement of U.S. Patent;5,310,178 pertaining to its basketball w ith a polyurethane;cover. During discovery, Wilson asked Spalding to produce its invention record. Invention records are standard;forms used by corporations as a means for inventors to;disclose to the corporation's patent attorneys that an;invention has been made and to initiate patent action.;They usually contain such information as the names of the;inventors, descriptions and scope of the invention, closest;prior art, first date of conception, and disclosure to others;and dates of publications. Spalding refused to produce its;invention record, asserting that the record was protected;by the attorney-client privilege because it was prepared;for the purpose of securing legal advice concerning the;patentability of the invention and served as an aid in completing the patent application. Wilson argues that even;if the invention record was submitted to Spalding's patent committee, there was no evidence that the committee;acted as a lawyer" by rendering legal advice, as opposed;to making business decisions. Wilson also contends that;even if a portion of the invention record was submitted;for the purpose of o btaining legal advice, the portion that;contains technical information and does not ask for legal;advice is not protected by the attorney-client privilege and;should be produced.;a. Should Spalding be forced to produce the invention;record or part of it? Explain your reasoning. Would;your answer be different if the invention record was;the only record that contained the technical information at issue in the case?;b. Wilson also argues that Spalding committed "fraud on;the patent office" by making a material misrepresentation to the office and that, as a result, the attorney-client;privilege was abrogated by the crime-fraud exception.;Under the crime-fraud exception, the attorney-client;privilege will be waived if the party made a communication "in furtherance of" a crime or fraud. Wilson;has alleged that Spalding made a material misrepresentation but has submitted no evidence in support of;this claim. Should the court find that the crime-fraud;exception applies here and that Spalding has waived the;attorney-client privilege? If not, what evidence would;Wilson have to present to substantiate its claim that the


Paper#34235 | Written in 18-Jul-2015

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