BUL 5662 Lecture Notes - Lecture 9: Consumer Protection, Cathode Ray Tube

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Published on 1 Apr 2017
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3–1. Standing to Sue. Jack and Maggie Turton bought a house in Jefferson County, Idaho,
located directly across the street from a gravel pit. A few years later, the county converted the pit
to a landfill. The landfill accepted many kinds of trash that cause harm to the environment,
including major appliances, animal carcasses, containers with hazardous content warnings,
leaking car batteries, and waste oil. The Turtons complained to the county, but the county did
nothing. The Turtons then filed a lawsuit against the county alleging violations of federal
environmental laws pertaining to groundwater contamination and other pollution. Do the Turtons
have standing to sue? Why or why not?
The Turtons have standing to sue. This is because they have a significant stake in the controversy
and are suffering from the environment caused from the landfill. The trash does not only affect
the environment, but also the health of the people living around there. This is a real and
substantial controversy so they having a standing to sue.
3–5. Arbitration. Horton Automatics and the Industrial Division of the Communications
Workers of America—the union that represented Horton’s workers—negotiated a collective
bargaining agreement. If an employee’s discharge for a workplace-rule violation was submitted
to arbitration, the agreement limited the arbitrator to determining whether the rule was
reasonable and whether the employee had violated it. When Horton discharged its employee
Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had
violated a reasonable safety rule, but “was not totally convinced” that Horton should have treated
the violation more seriously than other rule violations. The arbitrator ordered de la Garza
reinstated to his job. Can a court set aside this order from the arbitrator? Explain.
I think a court can set aside this order because Horton should have treated the violation more
seriously than the other rule violations. He should have abided by the rules because every
violation is serious.
3–8. Corporate Contacts. LG Electronics, Inc., and nineteen other foreign companies
participated in the global market for cathode ray tube (CRT) products, which were integrated as
components in consumer goods, including television sets. These goods were sold for many years
in high volume in the United States, including the state of Washington. Later, the state filed a
suit in a Washington state court against LG and the others, alleging a conspiracy to raise prices
and set production levels in the market for CRTs in violation of a state consumer protection
statute. The defendants filed a motion to dismiss the suit for lack of personal jurisdiction. Should
this motion be granted? Explain.
I do not think this motion should be granted because the prices are up to the company to choose
and decide. It is also a conspiracy and not confirmed. So until they can gather more evidence, I
do not think that anything should be done.
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Document Summary

Jack and maggie turton bought a house in jefferson county, idaho, located directly across the street from a gravel pit. A few years later, the county converted the pit to a landfill. The landfill accepted many kinds of trash that cause harm to the environment, including major appliances, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil. The turtons complained to the county, but the county did nothing. The turtons then filed a lawsuit against the county alleging violations of federal environmental laws pertaining to groundwater contamination and other pollution. This is because they have a significant stake in the controversy and are suffering from the environment caused from the landfill. The trash does not only affect the environment, but also the health of the people living around there. This is a real and substantial controversy so they having a standing to sue. Horton automatics and the industrial division of the communications.

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