“ unforeseeable business circumstances ” defense L a w
R. Williams Construction Co. v. OSHrC464 F.3d 1060 (9th cir. 2006) Part one 750 words
case QueStIOnS1.What was the legal issue in this case? What did the court decide?
2.What exactly did the employer do or fail to do that violated the OSH Act?
3.Why was it “unavailing for Williams to argue that employees must take greater care to avoid placing themselves in harm’s way”? What role, if any, should employees’ actions have in determining liability under the OSH Act?
4.Ultimately, these violations that caused, or at least contributed to, the death of an employee and serious injuries to another resulted in a $22,000 fine for the employer. Is that a just outcome? Are the penalties for violations of OSHA standards sufficient?
Koeppel v. Speirs808 n.W. 2d 177 (Iowa 2011)
case QueStIOnS1.What was the legal issue in this case? What did the Iowa Supreme Court decide?
2.Why does the court conclude that an intrusion upon seclusion claim does not require evidence that the offending party actually succeeding in viewing or otherwise intruding on the plaintiff ? Does this decision amount to, as the defendant argues, authorizing claims for attempted invasion of privacy? Why or why not?
3.This decision focuses on whether an intrusion occurred. On remand, will the plaintiff be able to establish the other elements of her intrusion upon seclusion claim? Why or why not? Would the outcome be the same for the privacy claim being brought by the plaintiff ’s coworker Miller? Why or why not?
4.Regardless of the ultimate outcome of the legal claims in this case, what should this small employer have done differently?
Part II 750 words
Dillon v. Champion Jogbra819 a. 2d 703 (Vt. 2002)
case QuestIOns1.What were the legal issues in this case? What did the court decide?
2.What was the implied contract in this case? How did the employer breach it?
3.Why does the disclaimer in the employee manual not have the effect desired by the employer?
4.Why does Dillon’s promissory estoppel claim fail?
Weekes-Walker v. Macon County Greyhound Park725 F.3d 1276 (11th cir. 2013)
case QuestIOns1.What were the legal issues in this case? What did the appeals court decide?
2.Was the January 2010 layoff, by itself, a “mass lay-off ”? Why or why not? Was the February 2010 lay-off, by itself, a “mass layoff ” and/or “plant closing”? Why or why not? Does it matter that the facility re-opened within about thirty days? Why or why not?
3.Why does the appeals court say that the district court erred by combining the January and February layoffs? Why does it matter whether the January lay-offs were expected to last more than six months?
4.Why does the court say that the “unforeseeable business circumstances” defense is not available to this employer? If this employer had been able to argue for the unforeseeability of the events causing the layoffs/closings, would they have been successful in doing so? Why or why not?
5.Do you agree with the court’s decision? Why or why not?