BUS 410 Final Cases with Complete Solutions |
Already Graded A+ | New Update 2025
Kobe v. Royal Dutch Petroleum Co (2013) - ANSWER -Plaintiffs: Nigerian
citizens from the Ogoni region of Nigeria
-Defendants: Dutch & British holding companies that were operating in the region
through their Nigerian subsidiary
-U.S. Supreme Court reviewed case brought by Nigerian citizens against Dutch and
British Companies for human rights abuses
-Nigerian citizens claimed that the Nigerian gov abused human rights including
torture, crimes against humanity, and arbitrary arrest and detention
-presumption against extraterritoriality of US laws
-Didn't happen on US soil
-Alien Tort Statue (from 1789): violation of safe conducts, attacked by pirates,
treatment of ambassadors (if ambassador gets attacked, etc) --> doesn't give
much hope today
-Court rule: doesn't want to interfere bc territoriality, didn't happen in US --> U.S
Supreme Court dismissed the case for failure to state a cause of action
Sumitomo Electric Industries Ltd (2000) - ANSWER -Plaintiffs: female
employees of Sumitomo Electric Industries Ltd.
-Defendant: Their employer
,-women had clerk positions and didn't have room to move up. Men were placed
on management track with room to move up (despite having same education,
background, etc.)
*DISCRIMINATION
*wage and positional gap between the male and female workers with similar
education background and years in service
-Court dismissed case --> outrage --> an appellate court did a negotiation and the
women got promoted, became managers, etc.
*Legally they were said to be okay, but society didn't --> got fixed
Kathleen Hill & Ann Stapleton Revenue Comm'rs & Dpt. of Finance (1998) -
ANSWER -EU allowed Job sharing: 2 people could do 1 job and get paid half
the money, do half the job
-mostly women with children were doing this
-When the women finished their job sharing and came back to have their own, full
time jobs jobs, their pay was really low (lower than the job sharing) -->
discrimination (99% of people affected by it were women)
-Company had to show real reason for hiring women at lower pay rate -->
couldn't find real reason --> they lost
-Court Rule: in favor of the women
-Rules that disadvantage that category are presumed invalid unless the employer
can show an objective, non-sex related economic basis for the distinction
*fun fact: US has no law requiring paid maternity leav
, Malgorzata Jany & Others v. Staatssecretaris van Justitie - ANSWER -deals with
6 prostitutes operating in and out of the Netherlands (Amsterdam, Red Light
District)
-they were not Netherland citizens (they were Polish and Czech)
-prostitutes applied for residents permits
-Netherlands rejected the permits
-EU allows for free movement of people to help with practice of professions, etc
-question: is prostitution actually a trade that should be practiced? Is prostitution
a profession?
-Netherlands allows prostitution, so if they said no, it would be discrimination
-Court Rule: In favor of the prostitutes
European Commission Proceedings against Czech Republic on the Race Equality
Directive and the Employment Equality Directive - ANSWER Background info:
-Member states are responsible for implementing EU law & the European
Commission ensures that EU law is properly applied
-When a member state does not comply with EU law, the Commission can bring
an action for noncompliance to end the infringement, and, if necessary, may refer
the case to the European Court of Justice
-The commission allows the member state to voluntarily comply with the
requirements of EU law
Already Graded A+ | New Update 2025
Kobe v. Royal Dutch Petroleum Co (2013) - ANSWER -Plaintiffs: Nigerian
citizens from the Ogoni region of Nigeria
-Defendants: Dutch & British holding companies that were operating in the region
through their Nigerian subsidiary
-U.S. Supreme Court reviewed case brought by Nigerian citizens against Dutch and
British Companies for human rights abuses
-Nigerian citizens claimed that the Nigerian gov abused human rights including
torture, crimes against humanity, and arbitrary arrest and detention
-presumption against extraterritoriality of US laws
-Didn't happen on US soil
-Alien Tort Statue (from 1789): violation of safe conducts, attacked by pirates,
treatment of ambassadors (if ambassador gets attacked, etc) --> doesn't give
much hope today
-Court rule: doesn't want to interfere bc territoriality, didn't happen in US --> U.S
Supreme Court dismissed the case for failure to state a cause of action
Sumitomo Electric Industries Ltd (2000) - ANSWER -Plaintiffs: female
employees of Sumitomo Electric Industries Ltd.
-Defendant: Their employer
,-women had clerk positions and didn't have room to move up. Men were placed
on management track with room to move up (despite having same education,
background, etc.)
*DISCRIMINATION
*wage and positional gap between the male and female workers with similar
education background and years in service
-Court dismissed case --> outrage --> an appellate court did a negotiation and the
women got promoted, became managers, etc.
*Legally they were said to be okay, but society didn't --> got fixed
Kathleen Hill & Ann Stapleton Revenue Comm'rs & Dpt. of Finance (1998) -
ANSWER -EU allowed Job sharing: 2 people could do 1 job and get paid half
the money, do half the job
-mostly women with children were doing this
-When the women finished their job sharing and came back to have their own, full
time jobs jobs, their pay was really low (lower than the job sharing) -->
discrimination (99% of people affected by it were women)
-Company had to show real reason for hiring women at lower pay rate -->
couldn't find real reason --> they lost
-Court Rule: in favor of the women
-Rules that disadvantage that category are presumed invalid unless the employer
can show an objective, non-sex related economic basis for the distinction
*fun fact: US has no law requiring paid maternity leav
, Malgorzata Jany & Others v. Staatssecretaris van Justitie - ANSWER -deals with
6 prostitutes operating in and out of the Netherlands (Amsterdam, Red Light
District)
-they were not Netherland citizens (they were Polish and Czech)
-prostitutes applied for residents permits
-Netherlands rejected the permits
-EU allows for free movement of people to help with practice of professions, etc
-question: is prostitution actually a trade that should be practiced? Is prostitution
a profession?
-Netherlands allows prostitution, so if they said no, it would be discrimination
-Court Rule: In favor of the prostitutes
European Commission Proceedings against Czech Republic on the Race Equality
Directive and the Employment Equality Directive - ANSWER Background info:
-Member states are responsible for implementing EU law & the European
Commission ensures that EU law is properly applied
-When a member state does not comply with EU law, the Commission can bring
an action for noncompliance to end the infringement, and, if necessary, may refer
the case to the European Court of Justice
-The commission allows the member state to voluntarily comply with the
requirements of EU law