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LEGL 2700- test 4 cases, Roessing Questions And Answers

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LEGL 2700- test 4 cases, Roessing Questions And Answers Free Enterprise Fund v. Public Company Accounting Oversight Board -Businesses challenge audit oversight board -board members had "double tenure" -can only be fired "for cause" by SEC -SEC can only be fired "for cause" by president -co...

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  • October 19, 2024
  • 8
  • 2024/2025
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  • Questions & answers
  • UGA LEGL 2700
  • UGA LEGL 2700
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LEGL 2700- test 4 cases, Roessing Questions
And Answers

Free Enterprise Fund v. Public Company Accounting Oversight Board -Businesses

challenge audit oversight board

-board members had "double tenure"

-can only be fired "for cause" by SEC

-SEC can only be fired "for cause" by president

-court finds this unconstitutional, but upholds the PCAOB's regulations

-adjusted so SEC can fire at will

Winner: FEF (sort of)




FDA v. Brown and Williamson Tobacco Corporation (1999) -can the FDA regulate

tobacco advertising?

-Food, Drug, and Cosmetic Act give broad powers

-but subsequent statutes indicate "hands off" tobacco

-court vacates regulations 5-4

-2009- new statute, 2016- applies to e-cigs

Winner: Brown and Williamson

, LEGL 2700- test 4 cases, Roessing Questions
And Answers
Magnetball Litigation -in 2012, CPSC imposes recall, then sues to enforce


-Buckyballs settles, Zen Magnet fights it

-in 2016, 10th circuit validates CPSC recall

-CPSC works to revise rule, fails to get consensus

-CPSC currently has a 2-2 political split

-deals with the question of whether or not agencies have too much control




Thompson v. North American Stainless (2011) -Eric Thompson and his fiance Miriam

Reginaldo worked for the same employer, NAS. After Reginaldo filled out a Title VII claim with

the EEOC, NAS fired Thompson.

-The Supreme Court was asked to determine if firing Thompson was constituted unlawful

retaliation and, if so, whether her had cause for action under Title VII.

-The court held that as an employee of NAS, Thompson was within the zone of interests of Title

VII and, as such, the statute's antiretaliation provisions protected him. As such, he has standing to

bring a claim before NAS

-THOMPSON WON

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