Preview

Case Brief-Garden City Boxing Club, Inc. V. Dominguez

Satisfactory Essays
Open Document
Open Document
409 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Brief-Garden City Boxing Club, Inc. V. Dominguez
Garden City Boxing Club, Inc. v. Dominguez

1. Citation: 2006 U.S. Dist.

2. Facts: Garden City Boxing Club, Inc. based in San Jose, California, owned the exclusive right to broadcast several prizefights via closed-circuit television, including the match between Oscar De La Hoya and Fernando Vargas on September 14, 2002. Garden City Boxing Club, Inc. sold the right to receive the broadcasts to bars and other commercial venues. The fee was $20 multiplied by an establishment’s maximum fire code occupancy. Antenas Enterprises in Chicago, Illinois, sells and installs satellite television systems under a contract with DISH Network. After installing a system, Antenas sends the buyer’s address and other identifying information to DISH. In January 2002, Luis Garcia, an Antenas employee, identified a new customer as Jose Melendez at 220 Hawthorn Commons in Vernon Hills. The address was a restaurant Mundelien Burrito and coded the business address as residential. Mundelien’s customers watched the De La Hoya-Vargas match, as well as three other fights on other dates, for which the restaurant paid only the residential rate to DISH and nothing to Garden City Boxing Club, Inc. Garden City Boxing Club, Inc filed a suit in a federal district court against Luis Dominguez, the sole proprietor of antennas, to collect the fee.

3. Issue: Is Luis Dominguez liable for paying the fee for closed circuit broadcast rights to a prizefight when the end-user is misidentified, causing revenue reduction? If so, is he liable for paying the aggrieved party? 4. Decision: Yes, Luis Dominquez is liable for paying Garden City Boxing Club, Inc. because he is the sole proprietor and is personally responsible for actions committed by his employees within the scope of their employment. Dominquez is personally liable for the damages caused by the violation of [Section] 605, since Luis Dominquez, coded Mundelein’s address incorrectly Antenas Enterprises allowed the

You May Also Find These Documents Helpful

  • Good Essays

    The defendant, Richard Barnett, played for the plaintiff in both the year he was drafted 1959 and the following season in 1960 under a signed and executed Uniform Player Contract of the National Basketball Association. This contract also included an option for the plaintiff to renew said contract for an additional year. The breach of contract occurred when the defendant, Barnett, refused to play with and for the plaintiff during the 1961-62 season. Barnett made and entered into an American Basketball League with the defendant, Cleveland Basketball Club, Inc., to render his services for the 1961-62 season. The plaintiff claims that it cannot be properly compensated for damages in an action at law for the loss of Barnett’s services and is petitioning for Barnett to not be allowed to play for the defendant, Cleveland Basketball Club, Inc.…

    • 440 Words
    • 2 Pages
    Good Essays
  • Good Essays

    On February 9th, 2002, Jodie Scheier slipped and fell in Jersey Joe’s Sports Bar & Grill after leaving her seat at a booth upon being called to collect a door prize. Jodie claimed that there were two steps awkwardly positioned that led to the booth, which caused her fall and the subsequent injury of her right index finger. As a hairstylist, Jodie relies on the use of her hands and fingers, and was unable to work properly because of the injury. Jodie did not mention her fall to anyone working in the restaurant, and continued to order three more drinks after her slip. No one in the restaurant found out about the slip until “several weeks later” when it was mentioned to the manager by a third party. Many other patrons had stumbled on, but not fallen because of, the two steps that led up to the booths in the sports bar. A splint was placed on Ms. Scheier’s finger for approximately 6 weeks, and she returned to work as a hairdresser after 10 weeks. Upon returning to work, Ms. Scheier found it quite difficult to carry out routine tasks, and gave up her job after 4 months.…

    • 645 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Unfortunately, a corporation can be charged and convicted of any number of crimes. If the employees or officers within a corporation violate the law on behalf of the corporation and within the scope of their employment, the corporate entity would be open to criminal charges. Corporations can be convicted of criminal wrongdoing in the same manner individuals are charged and convicted. In addition, individuals within the corporation can be charged as well. Commonly, when a corporation is charged, many of the top officers will be charged along with the corporation as an entity.…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    That because of the joint efforts of the defendants to breach the satellite franchise agreement between the plaintiff and the defendants, the defendants should be enjoined from engaging in the business of preparing federal and state income tax returns.…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Facts of the Case: On September 13, 2005 the Authority, introduced a policy requiring brief pat-down searches of all persons attending Buccaneers football games. Johnston is a Buccaneers season ticket subscriber who first became a season ticket holder in 2001. In February 2002, the NFL Commissioner expanded the policy to require pat-down searches of all patrons attending and other special events. Johnston was aware of the pat-down policy before the first game of the 2005 season. Johnston called the Buccaneers' office before the first game of the 2005 season to discuss the pat-down search policy. Johnston objected the policy, and claims that he was told that the Buccaneers would not refund the cost…

    • 498 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Yes, the Municipal Corporation failed to provide adequate protection to the decedent when a "special relationship" was establishing liability in the tort claim. (Page 6)…

    • 491 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    OVERVIEW: Appellant automobile dealer, brought an action against appellee, its former employee, to enforce a written covenant in his employment contract not to compete in automobile sales business within the county for a three-year period. The trial court ordered a permanent injunction against appellee for a reduced period of six months, retroactive to the date of employment termination. Appellant sought review, contending that the trial court abused its discretion in reducing the covenant's duration. The reviewing court affirmed, finding no abuse of discretion in the trial court's decision. The court explained that because the injunction expired seven months prior to the court's decision, reinstatement and extension of the injunction imposed a more onerous burden on appellee than was reasonably necessary to protect appellant's business and good will.…

    • 322 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    PA110 Complaint Form 1

    • 707 Words
    • 4 Pages

    5. On or about April 8, 2013, Justin King won the national regional idol MCI contest in Chicago. A few days later, King met with his agent to discuss signing a legal document three year contract for over 275,000 dollars. After leaving the meeting with his agent, King took interstate 57 just South of Chicago. Plaintiff Justin King, while in the exercise of due care, was operating his motorcycle on Interstate 57, heading in a south direction, in the City of Paxton, Illinois. On the same occasion, defendant, Frank Cuellar, a resident of Illinois, was operating a beer truck owned by Anheuser- Busch, and was traveling in a south direction on Interstate 57, a highway in the City of Paxton, Illinois. On occurrence, plaintiff Justin King was traveling south on Interstate…

    • 707 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Case Brief

    • 1324 Words
    • 4 Pages

    The plaintiffs, Carol and Gary allege that on September 13, 1998, Carol Allen was injured while participating in a recreational softball game, while she was running to first base. She was hit in the head by the shortstop of the opposing team. This game was an adult and slow pitch softball tournament. The teams that were playing in this tournament were part of the Dover Co-Recreational Softball League, (league) and were sponsored by the Amateur Softball Association Inc. (ASA). The games were played on a softball field that was owned by defendant Martel-Roberge American Legion Post #47 (American Legion). The teams were sponsored by defendant Daniel’s Sports Bar and Grill (Daniel’s) and defendant Thompson Imports (Thompson) who also provided t-shirts for the players. Defendant Bollinger Fowler Company (Bollinger) provided liability insurance for the league, ASA, the American Legion, the Daniel’s team and the Thompson team. The plaintiff was playing for the Daniel’s team, and was using a smaller softball made for women to be able to hit more competitively when playing with men, this was an official rule set forth by the ASA. The defendants did not recommend, require, or provide the use of helmets. The ASA official rules are that there be five men and five women for each team, this game consisted of seven men and three women on each team. When Carol Allen was batting for the first time, she hit a ball towards the shortstop. The male player for the Thompson team threw the ball toward first base in order to get the runner Carol Allen out, but instead the ball struck Carol in the head. This caused her cognitive deficiencies including impaired speech.…

    • 1324 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the Internet. Crown designed and sold a diamond-shaped spinning trophy for which it owned two copyright registrations. Discount Trophy is one of Crown’s competitors, and it sold a trophy that was substantially similar to Crown’s Spin Trophy. Crown requested that Discount discontinue the sale of the alleged copy, and when Discount refused, Crown filed suit in the Southern District of New York.…

    • 964 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Connell, Tula. (2007) Lilly Ledbetter Fair Pay Act Now in Congress. Retrieved June 17th. Retrieved…

    • 1002 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Mass comm

    • 460 Words
    • 2 Pages

    Boxer Pat O’ Grady slapped famous sportscaster John R. Brooks in the face and insulted him and his mother. This was in the state of Oklahoma, but the company that represented Pat O’ Grady was in California. Brooks filed a lawsuit against the Magna Verde Corporation the company that represented Grady. They claimed that they never had involvement with Grady. However the judge determined that they had a contract with O’Grady over the payment of his fights. John R. Brooks asked for 210,000 dollars in actual damages and 300,000 in punitive damages.…

    • 460 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Vaughn Case Brief

    • 3486 Words
    • 14 Pages

    Albert H. Hanemann, Jr., Lemle & Kelleher, John D. Fitzmorris, Jr., Legal Dept. New Orleans, La., for Texaco.…

    • 3486 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    The trial court rendered judgement in favor of plaintiff against both defendants(Duplechin and Duplechin's liability insurer, Allstate Insurance Company). Both Duplechin and Allstate contend that the trial court erred: in not finding that Bourque assumed the risk of injury by participating in the softball game and was guilty of contributory negligence. Duplechin also contends that the trial court erred in negligent. Allstate further contends that the coverage under its policy which excludes injury intended or expected by the insured.…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Case Brief

    • 455 Words
    • 2 Pages

    FACTS Rumarson Technologies, Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24,965 owed to it by Event Marketing, Inc. (EMI) when EMI's check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI's corporate account, and they signed the check. RTI argued that as signatories they could be held personally liable. The lower court agreed and ruled in favor of RTI holding the Helmers liable. The Helmers appealed. Also of note, is that check was dated 1998 although there is some non-material dispute as to whether it was August 14, 1998, or on or around July 13, 1998.…

    • 455 Words
    • 2 Pages
    Good Essays