Law School Discussion

Nine Years of Discussion
;

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Messages - mikey4400

Pages: 1 2 [3] 4 5
21
Studying and Exam Taking / contracts
« on: February 04, 2006, 11:32:39 PM »
Hi, an employee who was a child prodigy and expert on computer science was hired but was only responsible for taking telephone orders from customers and understanding customer's needs in websites for a year. He went to work for another company at a creative position that also researched and designed websites. Do you think a restrictive covenant restricting an employee from designing websites in NY within 15 miles for a period of 5 years is considered reasonable and should be enforced? In a website designing industry, is it a competitive market in website designing and do potential clients tend to follow an employee if they breach the covenant and work for another company?

22
General Board / contracts question
« on: February 04, 2006, 08:47:48 PM »
Hi, an employee who was a child prodigy and expert on computer science was hired but was only responsible for taking telephone orders from customers and understanding customer's needs in websites for a year. He went to work for another company at a creative position that also researched and designed websites. Do you think a restrictive covenant restricting an employee from designing websites in NY within 15 miles for a period of 5 years is considered reasonable and should be enforced? In a website designing industry, is it a competitive market in website designing and do potential clients tend to follow an employee if they breach the covenant and work for another company?

23
Studying and Exam Taking / Re: Research Help
« on: January 19, 2006, 05:39:04 PM »
Thanks again for the help. Yes, my professor just tossed us in the library, gave us a brief tour, and told us to start researching.

So far, I found under West's NY Digest 4th - Contracts and looked under Restrictive covenants, non-compete, etc. The topics all seem to apply to my fact pattern. I've pulled out several of these cases and read through them and they all seem to be have similar law/rules. Now what? How many rules/laws should I pull out? How do I know which one would be the leading case for NY? Arghh... I'm going crazy with this.

24
Studying and Exam Taking / Re: Research Help
« on: January 18, 2006, 04:00:11 PM »
id start out with a terms and connectors search with something like this: "restrictive covenant" /s breach /s contract /p compet!

you should get at least a few relevant cases.  then you can shephardize those to get more cases.  and once you read a few decisions that are on point you will have a better idea of what to search for since youll learn the terms of art that are used in such cases.

as for what kind of courts to search under, that depends on your assignment.  where will this imaginary suit be brought?   just ask your prof if its not in the assignment or you forgot.  you can always do an "all federal and state cases" search to start with, but that will probably give you a lot more cases than you would want and some decisions that will only be persuasive precedent.

Thanks for the help. It will be decided in NY. The librarian said to never cite the unofficial reports, only the official reports. If that is the case, what is the point of even looking at the unofficial reports? I also need to find leading cases. So confusing.

25
Studying and Exam Taking / Research Help
« on: January 16, 2006, 08:43:46 PM »
I'm doing a practice research memorandum and I've been staring at this contracts fact pattern for hours and have no idea where to start reserching or what sources to use or what topics to start looking for. State or Fed cases? How would I go about doing this? Any bit of help would be appreciated. Thanks.

In January of 2004, John Smith, child prodigy who excelled in the field of computer science and technology, joined “Website Designs” (“WD”) company located in Jamaica, Queens at age 21. He signed an employment agreement that contained a restrictive covenant stating as follows: “John Smith agrees that if he should terminate his employment with Website Designs, or if Website Designs should terminate his employment for cause, then he is restricted from the practice of designing website in a 15 mile radius from the address of Website Designs for a period of 5 years.”

Mr. Smith was viewed by WD as someone with potential for moving up in the company. However, his primary responsibility was taking telephone orders from customers, which did not help him understand the needs of the customers. After staying with the company for only one year, Mr. Smith went to work for “Computers Unlimited” (“CU”), which is another company that designs website. CU is located 14 miles from WD and is located over the border of Queens, but in New Hyde Park, Nassau County. Beginning in January 2005, Mr. Smith took a creative position at CU. He began researching and designing new approaches to creating websites that are cost-efficient for clients.

When WD executives heard that Mr. Smith was on the verge of creating possibly a new product, it sent Mr. Smith a letter indicating that it intends to take him to court to enforce the restrictive covenant. What is the likely outcome of the case, would the cct uphold agreement in whole or in part?

26
General Board / Research help
« on: January 14, 2006, 02:13:33 PM »
I'm doing a practice research memorandum and I've been staring at this contracts fact pattern for hours and have no idea where to start reserching or what sources to use or what topics to start looking for. How would I go about doing this? Any bit of help would be appreciated. Thanks.

In January of 2004, John Smith, child prodigy who excelled in the field of computer science and technology, joined “Website Designs” (“WD”) company located in Jamaica, Queens at age 21. He signed an employment agreement that contained a restrictive covenant stating as follows: “John Smith agrees that if he should terminate his employment with Website Designs, or if Website Designs should terminate his employment for cause, then he is restricted from the practice of designing website in a 15 mile radius from the address of Website Designs for a period of 5 years.”

Mr. Smith was viewed by WD as someone with potential for moving up in the company. However, his primary responsibility was taking telephone orders from customers, which did not help him understand the needs of the customers. After staying with the company for only one year, Mr. Smith went to work for “Computers Unlimited” (“CU”), which is another company that designs website. CU is located 14 miles from WD and is located over the border of Queens, but in New Hyde Park, Nassau County. Beginning in January 2005, Mr. Smith took a creative position at CU. He began researching and designing new approaches to creating websites that are cost-efficient for clients.

When WD executives heard that Mr. Smith was on the verge of creating possibly a new product, it sent Mr. Smith a letter indicating that it intends to take him to court to enforce the restrictive covenant. What is the likely outcome of the case, would the cct uphold agreement in whole or in part?

27
General Board / TORTS QUESTION
« on: December 14, 2005, 09:46:23 PM »
If D is store owner and sells bottle w/o labeling it poison (Statute requires it) to a customer (P) and P drinks it and dies. Would the store owner owe a duty b/c of a RELATIONSHIP, FORESEEABLE ZONE OF DANGER, or b/c of PUBLIC POLICY?

28
Studying and Exam Taking / Torts exam
« on: December 14, 2005, 05:46:38 AM »
In an avg 3 hours torts final exam that consists of one long hypo fact pattern asking to list all claims and defenses, how many Negligence claims are there? Or how many should I at least have on my paper? What's the avg # of issues altogether? I just want an estimate. Also, there was no midterm just this one final that counts for the entire grade.

29
General Board / Re: Property hypo
« on: December 08, 2005, 12:54:01 AM »
Is she considered an AP?

30
General Board / Property hypo
« on: December 08, 2005, 12:01:48 AM »
Femi owns an estate near Albany but, because she lives in Hollywood California, where she is a movie star, has not visited the estate for 20 years. Six years ago, Jeff gave Lauren Shuster a deed describing the property comprising Femi’s estate, and Lauren moved onto the property. Last year Alan Katz entered the southern part of the estate and began digging for mussels (which he intended to turn into pearl buttons) from the Little River, which ran through Femi’s estate. He built a warehouse and brought machinery on the property. Lauren has just discovered this. What are her rights?

Pages: 1 2 [3] 4 5