John D.R. Leonard V. Pepsico, Inc.

Part 5: Connect the argument with facts that prove your points. Note the areas of objections and offer concessions if needed.

Marketing strategies began to take broader dimensions as the soft drink industry continued to expand and became more complex. In 1976, Pepsi introduced the Pepsi Challenge in its campaigns, a moved that directly challenged Coca-Cola’s longstanding dominance. In 1985, responding to the pressure of the taste tests, which Pepsi always won, Coca-Cola decided to change its formula. This move set off a shock wave across America. Consumers angrily demanded that the old formula be returned, and Coca-Cola responded three months later with Classic Coke. Five years after the infamous Coke fiasco, the Coca-Cola

Around November 2008, Dillard’s engaged in unlawful employment practices at its Cary, North Carolina location in violation of the Age Discrimination of Employment Act when it terminated Virginia Keene, a 61 year old woman, from her position ("Dillard 's sued by EEOC for age discrimination", 2010). She was an Area Sales Manager and was in charge of the Children’s and Accessories Departments and oversaw the sales associates who worked in her two departments. While she worked at Dillard’s, her managers repeatedly made verbal remarks to the fact that she was much older than the other five Area

2. Using the evidence you found during your reading, summarize the background of this case in three complete sentences.

While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, According to Buskirk, 307 F.3d at 168 case that it would carry out an undue hardship that even with the accommodation Turner would still be unable to perform work on lines 8 and 9. This matter should be used by a jury based upon fully developed evidence

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)

b. What did the Court decide with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415? In your answer, explain how the Court applied the relevant law cited the relevant facts and law cited in the judgment (include, for example, what rules applied).

This case is between Sierra Club petitioners vs. Roger C.B Morton, both parties are arguing whether something should be built on Mineral King Valley area or not. Disney was given permission from the U.S Forest Service to build a resort at the Mineral King Valley and for the resort the State of California proposed to construct a highway of 20 miles length to get into the resort. This case was made because Sierra Club didn’t think it was right to have a ski resort and recreation area made in the national park and forest area. Sierra Club filed a suit against Morton seeking injunction under the Administrative Procedure Act to prevent the development. The Administrative Procedure Act states that a person suffering a legal wrong because of the agency

Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?

During the “Pepsi Challenge,” the person would prefer one product to the other. In the late 1990s, “Pepsi launched its most successful long-term strategy of the Cola Wars, Pepsi Stuff.” The Consumers were “invited” to “Drink Pepsi, Get Stuff” by using codes on cans and bottle caps to redeem points for free Pepsi lifestyle merchandise. The battle continues today “as they battle for brand supremacy…through advertisements, slogans, and celebrity endorsements.”

When dealing with face-to-face interactions with clients, a company must be careful to adhere to the general expectations of that client. Moreover, If the employees do not have an acceptable grooming standard to follow and if this lack of standard causes the customers to feel uncomfortable, it could cause the patron to reconsider not using FedEx and switch to a competitor’s company, such as UPS.

2) Briefly discuss what intellectual property right was at issue; and 3) Explain what rule of law can be gleaned from the case.

Bill McLaren Jr. v. Microsoft Corporation, the fundamental dispute is whether a business has the privilege to interrupt a laborer's protection as it identifies with individual messages. Protection rights can be abused under regular law if the interruption into the private life would be discovered hostile by a sensible individual. Bill McLaren Jr. was a representative of Microsoft who was under allegation for lewd behavior and suspicion of stock issues. As the allegations were examined, McLaren was denied access to his messages unless he particularly asked for them and it was approved. He sent a reminder to Microsoft to not mess around with his workstation or his own email organizer. Microsoft later terminated McLaren after their examination

Leonard v. Pepsico, Inc., is a contract case which was tried in New York in 1999, in which John Leonard sued Pepsico, Inc., in an effort to enforce an “offer” to redeem 7,000,000 “Pepsi Points” for a militarized jet which PepsiCo had briefly shown in television commercial.

The Diet Pepsi print advertisement “Forever Young” is quite creative and thought provoking. The print advertisement shows the front of a businessman’s body, from his nose down to his midsection. This most likely belongs in a magazine, in a place such as a doctor’s office or barbershop, or whatever any day place that the average person would visit. He holds a “Diet Pepsi” cup in the center of the advertisement, with the intention of immediately bringing the cup attention to the reader. He blows bubbles through a straw into the beverage, overflowing the cup and making quite a mess. It is a serious, black and gray formal background. This is meant to be ironic, because a businessman does not typically partake in childish behaviors like in the picture, in such a serious, adult-like atmosphere. The main message this is trying to convey is non-conformity, through its ironic picture of a relatable businessman, and its “Forever Young” caption on the bottom right. “Forever Young” could also suggest that drinking Diet Pepsi can make one feel young and like a kid again and how humans have a basic necessity for having fun, which can be explained by blowing the bubbles in the drink.