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KELLER MGMT 520 Week 3

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KELLER MGMT 520 Week 3 Assignment

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MGMT 520 Week 3 Assignment
Case Nadel et al v Burger King
For this assignment, you will need to access the LexisNexis database in the Keller Library, from the Student Resources area under Course Home.
Go to Kubasek, Chapter 13, page 369, problem 13-16. Use LexisNexis in the Keller library and look up the Nadel et al. v. Burger King Corp. & Emil, Inc. case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions.
What must a party establish to prevail on a motion for summary judgement? (3 points)
What court decided the case in the assignment? (2 points)
Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points)
According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)
According to the case, why didn’t the court approve summary judgment for product liability claims? (5 points)
Do you agree with this decision? Why or why not? (5 points)
Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used Nadel et al. v. Burger King Corp. & Emil, Inc. case as “precedent” since its publication. Out of the cases listed, pick one, click the link, read the case, and provide the following information:
the name and citation of the case (5 points);
the name of the court which decided the case (3 points);
the year of the decision (2 points);
the facts of the case (5 points);
the issue of the case (5 points);
the “decision” of the case (5 points);
the principle of law the case was used (cited) for in the case (5 points); and
Following the directions in the library, download a Word document copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points)
Part 1
Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law. A genuine issue implies that certain facts are disputed. Usually a party opposing summary judgment must introduce evidence that contradicts.
Part Two
The Nadels – Paul, Evelyn (i.e. Paul’s mother), Christopher (i.e. Paul’s son) and two of Paul’s daughters were in a car that Paul was driving when they stopped at a Burger King drive-thru to order some breakfast sandwiches and two cups of coffee. Evelyn tasted the coffee and found it