Agency and Discrimination Law Week 5 Midterm
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1. TCO B. The “public comment” period closes on an OSHA proposed regulation, and your business had filed a public comment against the proposed regulation explaining that hnj j b the regulation would not fix the problem that OSHA was trying to remedy, that the regulation would cost more than the problem itself, and that the regulation was a tax, not a safety change. List two arguments available to your company that may succeed in overturning the regulation. (Points : 15)
2. TCO F. When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California common law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. (Points : 15)
3. (TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the current offering of SUVs. Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or “valley fever.” Valley fever is a disease well known to Arizona residents, and most have had it if they have lived there over 10 years. Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents.
Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following...