Sally Leiner was the sole shareholder, director and president of Ecco Bella, Inc., a New Jersey corporation. On various occasions, African Bio Botanica, Inc., sold Leiner and/or Ecco Bella merchandise, giving little thought to the party with whom it was doing business. Initially, African’s records listed Sally Leiner as the customer; later this was changed to Ecco Bella but without any indication that Ecco Bella was a corporation. The checks with which Leiner paid for her orders and her firm’s stationery bore the name Ecco Bella. Eventually, Leiner did not pay for a shipment from African and African sued her personally. Leiner’s defense was that only the corporation was liable, not her personally. Is her defense a good one? Why or why not? Explain fully.
Joe Smith, a police patrolman, joins a new religious sect that renounces any real or threatened use of force against another human being for any reason. Thus, Joe refuses to employ or threaten any kind of physical force against anyone he encounters in his patrolman’s job. Instead, he tries to reason with lawbreakers and to instruct them about God’s will. For this reason, the city police force reassigns Joe from his patrolman’s job to an office job. Joe sues for religious discrimination under Title VII. Can the city successfully argue that it is not discriminating against Joe’s religion, just the way he does his job? If not, what else can the city argue? How successful is this argument likely to be?
Potter Hardware, a national chain, employed Ed as the general manager of one of its stores in a distant city. When Ed’ store got into financial trouble, Ed obtained loans from various local banks in Potter’s name without Potter’s express permission. When Ed’s store finally goes under, and the banks sue Potter on the loans, is Potter liable? Why or why not?
Vern Peterson, a customs officer with a Utah corporation, was fired for refusing to falsify tax and customs documents in violation of state and federal law. What claim does Peterson have against the corporation and what theory gives him his best opportunity to recover?
