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Cruise v. Kroger Co. Court of Appeal of California, Second District, Division 3, 233 Cal. App.4 th 390, 183 Cal. Rptr.3d 17 (2015) Case 2.3, p. 66 Who is the plaintiff? Who is the defendant? In what court was this case filed? Why was it filed there? What happened in the case? What was in the application? What happened to Cruise? How long did Cruise work for Kroger? What motion did Kroger file? On what basis did Kroger file this motion? Why did they want to file this motion? What did the lower court do? Who appealed? What was the issue in the case? What did the appellate court do? Why did the appellate court make this decision? What are the benefits and downsides to arbitration agreements? Should employees be compelled to sign arbitration agreements? BUSA303, Business Law and Ethics 19
Chapter Review Chapter 2 BUSA303, Business Law and Ethics 20
Reviewing…Courts and Alternative Dispute Resolution, pp. 67-68 Stan Garner resides in Illinois and promotes boxing matches for SuperSports, Inc., an Illinois corporation. Garner created the promotional concept of the “Ages” fights—a series of three boxing matches pitting an older fighter (George Foreman) against a younger fighter, such as John Ruiz or Riddick Bowe. The concept included titles for each of the three fights (“Challenge of the Ages,” “Battle of the Ages,” and “Fight of the Ages”), as well as promotional epithets to characterize the two fighters (“the Foreman Factor”). Garner contacted George Foreman and his manager, who both reside in Texas, to sell the idea, and they arranged a meeting at Caesar’s Palace in Las Vegas, Nevada. At some point in the negotiations, Foreman’s manager signed a nondisclosure agreement prohibiting him from disclosing Garner’s promotional concepts unless they signed a contract. Nevertheless, after negotiations between Garner and Foreman fell through, Foreman used Garner’s “Battle of the Ages” concept to promote a subsequent fight. Garner filed a lawsuit against Foreman and his manager in a federal district court in Illinois, alleging breach of contract. Using the information presented in the chapter, answer the following questions. On what basis might the federal district court in Illinois exercise jurisdiction in this case? Does the federal district court have original or appellate jurisdiction?
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