I have provided a couple of additional cases for discussion in class. You may pick up hard copies in my office or, below, please find links to those cases for your reference.
Class 1:
Earthworks v. Sehn
Class 2:
Hawkins Chemical, Inc. v. McNea (ND)
Matyi v. Cahill Salon & Tan, Inc. (MN)
Salon 2000, Inc. v. Dauwalter (MN)
Tuesday, September 2, 2008
Bad Faith Factor
Even though the court in Rudman summarily dismissed the "fraud" issue, the court's brief discussion sparked the cynic in me. Bad faith must play an important role in the judge or jury's logic, admittedly or not, right? While the court conceded that some of Cowles' testimony was manipulative, it does make you wonder if Cowles was simply not pleased with what Rudman had to offer after working with him for a couple of months and then decided to "ice" him.
If we shift to Collins' issue as head chef, though, doesn't it seem like Marrimount's decision to hire a Hispanic assistant chef was just a demonstration of managerial oversight without the bad faith factor...even if it was an important issue to Collins? Regardless, it seems impossible to separate what some judges and juries might call bad faith and what other judges might call a legitimate business decision. Thoughts?
If we shift to Collins' issue as head chef, though, doesn't it seem like Marrimount's decision to hire a Hispanic assistant chef was just a demonstration of managerial oversight without the bad faith factor...even if it was an important issue to Collins? Regardless, it seems impossible to separate what some judges and juries might call bad faith and what other judges might call a legitimate business decision. Thoughts?
Subscribe to:
Posts (Atom)