Select two of the scenarios below and explain the best solution. Include comments related to any ethical issues that arise. You should try to locate at least one scholarly source or one case that has been decided or is currently pending to support your answer.
Dr. Delgado, a pediatrician, entered into an employment agreement with the All Children’s Hospital. According to the contract, after termination of her employment for any reason, Delgado could not compete with the hospital by working within a 100-mile radius of it for two years. One year after resigning from the hospital, Dr. Delgado opened her own pediatric practice within 75 miles of the hospital and began seeing patients. All Children’s Hospital filed a breach-of-contract lawsuit against her.
- Provide potential arguments for both parties regarding the breach of the non-compete contract lawsuit. Support your arguments with cases or scholarly articles from the South University Online Library.
Scenario II—Intellectual Property
Professor Klug teaches tort law for Las Vegas School of Law, a for-profit law school. Several times during the semester, the professor made copies of various articles and distributed them to his students. Unbeknownst to Klug, the daughter of one of the article’s authors was a student in his class. The daughter told her father about Klug’s copying, which took place without the father’s or publisher’s permission. The father sues Klug for copyright infringement. Klug claims protection under the fair use doctrine.
- Provide arguments for each party. Determine which party will win. Provide support for the arguments and the final answer with cases or scholarly articles from the South University Online Library.
In October 2015, Walgreens, the largest drugstore chain in the U.S., announced plans to purchase Rite Aid, another leading drugstore chain. The purchase will face close scrutiny by the Federal Trade Commission (FTC) for potential violation of antitrust laws.
- Present arguments in favor of the purchase and for those who oppose it based on antitrust laws.
Scenario IV—Consumer Protection
On October 1, a salesperson for Metropolitan Life Insurance met with the Parkers at their home. The Parkers lived in a 55+ retirement community with a homeowners’ association that prohibited door-to-door sales. After facing a persuasive sales pitch about the importance of providing for the surviving spouse and their kids and grandkids, the Parkers signed a contract to purchase a life insurance policy for a total of $12000 per year. A down payment of $100 was required, with the remainder of the cost to be paid in monthly payments. Two days later, the Parkers had second thoughts about purchasing the insurance. Mr. Parker contacted the insurance company and stated that they had decided to cancel the contract. The insurance company said it would be impossible to cancel the first year and the Parkers would be in breach of contract if they did not make all of the payments.
- Did Metropolitan Life Insurance violate any consumer laws by not allowing the Parkers to rescind their contract? Explain.