Chapter 1, Problem 8.3EC

Jake and Alicia are influencers on Instagram. They dated for several years and subsequently broke up. As retaliation, Jake shared disparaging, reckless, and defamatory posts on his Instagram which damaged Alicia's reputation and resulted in a loss of her followers, her collaboration with brands, and ultimately a significant loss of her income. Alicia sued Jake for emotional distress due to the damage to her reputation. Alicia estimated that her lost income due to decline in engagement is $350,000, her reputation prior to the damage was worth $1,000,000 and the expected income from her brand collaborations before it was cancelled was $700,000. Jake settled out of court for $2,000,000. How much is Alicia required to include in income? A) $1,050,000 OB) $0 OC) 950,000 OD) $2,000,000

Nadine visits Urban Air, a trampoline park. Before Nadine can enter the trampoline park, Urban Air requires her to sign a release stating that Urban Air will not be held responsible for any injury of any kind that Nadine incurs while on Urban Air property, no matter what the cause of the injury is. While Nadine is jumping on a trampoline, her boyfriend Trevor joins her. Trevor’s ex-girlfriend Valarie, who is an Urban Air employee, becomes enraged and pushes Nadine off the trampoline. Nadine breaks an arm in the incident. Who can Nadine sue for her injuries?   a) Urban Air only   b) Nadine cannot sue anyone because she signed a release of liability form.   c) Valarie and Urban Air   Select correct answer

Dennis just got hired after not working for two years following his reporting of financial statement fraud by his previous employer. Dennis was treated as an outcast and ultimately fired after the company “trumped up” some unsubstantiated claims of poor performance. Dennis fought thedismissal in court as wrongful termination but lost. It was two difficult years during which time his marriage broke up. In order to get hired for the new job, Dennis felt compelled to shade the truth about why he left the job. Here is what Dennis told the recruiter when asked whether he had left thecompany because of any differences:“I didn’t feel as though there was a good growth path and that it didn’t make sense to stay somewhere that wasn’t going to work out for me.”Did Dennis do the right thing? Explain.

AOL, LLC, mistakenly made public the personal information of 650,000 of its members. The members filed a suit in California, alleging violations of federal law and California state law. The member agreement between AOL and its members included a provision declaring Virginia as the location of any court dispute. AOL asked the court to dismiss the suit on the basis of that "forum-selection" clause in its member agreement. Under a previous decision of the United States Supreme Court, a forum-selection clause is unenforceable "if enforcement would contravene a strong public policy of the forum in which suit is brought." California courts previously have declared in other cases that clauses similar to the AOL clause contravene a strong public policy. If the court applies the doctrine of stare decisis, will it dismiss the suit? Explain. [Doe 1 v. AOL LLC, 552 F.3d 1077 (9th Cir. 2009)] (See The Common Law Tradition.)