- Jerry Lewinsky was called for jury duty. When voire dire began, Jerry realized that the case involved his
supervisor at work. Can Jerry remain as a juror on the case? Why or why not? - Carolyn, Elwood, and Isabelia are involved in a real estate development. The development ts a failure,
and Carolyn, Elwood, and Isabella want to have their rights determined. They could bring a lawsuit, but
they are afraid the case is so complicated that a judge and jury is not familiar with the problems of real
estate development would not reach a proper result. What can they do? - Larketta Randolph purchased a mobile home from Better Cents Home Builders, Inc., and financed her
purchase through Green Tree Financial Corporation. Ms. Randolph signed a standard form contract that
required her to buy Vendors Single Interest insurance, which protects the seller against the costs of
repossession in the event of default. The agreement also provided that all disputes arising from the
contract would be resolved by binding arbitration. Larketta found that there was an additional $15 in finance
charges that were not disclosed in the contract. She and other Green Tree customers filed a classaction
suit to recover the fees. Green Tree moved to dismiss the suit because Larketta had not submitted the
issue to arbitration. Larketta protests, But | want the right to go to court! Does she have that right? What
are the rights of parties under a contract with an arbitration clause? [Green Tree Financial Corp. v
Randolph, 531 US 79] - Ceasar Wright was a longshoreman in Charleston, South Carolina, and a member of the International
Longshoremen’s Association (AFL-CIO). Wright used the union hiring hall. The collective bargaining
agreement (CBA) of Wright’s union provides for arbitration of all grievances. Another clause of the CBA
states: “It is the intention and purpose of all parties hereto that no provision or part of this Agreement shall
be violative of any Federal or State Law.”
~” On February 18, 1992, while Wright was working for Stevens Shipping and Terminal Company (Stevens),
he injured his right heel and back. He sought permanent compensation from Stevens and settled his claims
for $250,000 and another $10,000 in attorney fees. Wright was also awarded Social Security disability
benefits.
In January 1995, Wright, whose doctor had approved his return to work, returned to the hiring hall and
asked to be referred for work. Wright did work between January 2 and January 11, 1995, but when the
contpanies realized Wright had been certified as permanently disabled, they deemed him not qualified for
longshoreman work under the CBA and refused to allow him to work for them.
Wright did not file a grievance under the union agreement but instead hired a lawyer and proceeded with a
claim under the Americans with Disabilities Act. The district court dismissed the case because Wright had
failed to pursue the grievance procedure provided by the CBA. Must Wright pursue the dispute procedure
first, or can he go right to court on the basis of his federal rights under the Americans with Disabilities Act?
[Wright v Universal Maritime Service Corp., 525 US 70]
Chapter 3
- Marty Mankamyer, the president of the United States Olympic Committee (USOC), resigned in early
February 2003 following reports in The Denver Post that indicated she had demanded a commission from
a fellow real estate broker in the Colorado Springs area, the home of the USOC, who had sold property to
Lloyd Ward, the CEO of the USOC. Mr. Ward had purchased a 1.3-acre lot in Colorado Springs for
$475,000 and had paid the listing broker, Brigette Ruskin, a commission. Ms. Mankamyer allegedly
demanded a portion of the commission from Ms. Ruskin, and Ms. Ruskin sent her a check. Ms. Mankamyer
had shown Mr. Ward and his wife properties in the area when they were being considered for the job and
when he was considering taking the job. However, Mrs. Ward indicated that Ms. Mankamyer did not identify
herself as a real estate agent and that she assumed that Ms. Mankamyer was showing the properties as a
“goodwill gesture.” 15 What conflicts of interest do you see here?
Sample Solution
