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Clear Channel Broadcasting, Inc., required Diane Ignazio to sign a new contract that included an arbitration clause under which she agreed that all grievances that she might have with Clear Channel would be settled by arbitration. As part of the agreement, Ignazio gave up any right to bring a lawsuit against Clear Channel. When Ignazio was dischared, instead of moving to arbitration, she sued Clear Channel for discrimination and wrongful discharge. Clear Cannel filed a motion to dismiss the case, arguing that Ignazio was bound by the arbitration agreement. Ignazio pointed to a clause in the agreement that rendered the entire agreement illegal. The clause allowed the arbitration award to be reviewed by a court based on the same broad standards used by an appeals court in reviewing a trail court's decision. This provision contradicts state law, which states that if an appeals court reviews an arbitration decision, it can only use a very limited approach to the appeal, including only such things as clerical error or misconduct. Clear Channel argued that even if the clause was illegal, it could be severed from the agreement, and the rest of the agreement could be enforced. In fact, the contract even included a clause that stated that any clause found illegal ought to be removed from the contract, so that the rest of the contract could be upheld. The question before the court was whether the illegal clause could be removed from the agreement without changing the essential nature of the contract. Is it legally permissible to removed the illegal part of a contract so that the court can uphold the legal part? Should the court sever the illegal clause in this case? Explain [See: Ignazio v. Clear Channel, 113 Ohio St.3d 276 (Ohio Supreme Court).]
"When new vulnerabilities are found in operating systems, applications, or wired adn wireless networks, vendors of those products release_________or_________to fix the vulnerabilities. a) apatches; service packs, b) patches; downloads, c)firewalls; s..
A jewelry firm buys semiprecious stones to make bracelets and rings. The supplier quotes a price of $8.4 per stone for quantities of 600 stones or more
Two alternatives are being considered for a customer's order whose anticipated volume is not yet know. If the firm produces in-house, the fixed cost is $340,000 and variable cost is $2.90 per unit. If the firm chooses to outsource, it will incur a fi..
Explain why each of the following, “information sharing” and “procurement” is critical for a successful supply chain operation. Name and explain briefly two ways that technology has had an impact on project management.
Developing a code of ethics for your organization (a health system of 10 hospitals and 22 outpatient clinics). You will need to address your company's values, illustrate conflicts of interest, and discuss how you will implement effective training to ..
A furniture company manufactures tables and chairs. Each table and chair must be made entirely out of oak or entirely out of pine. A total of 15,000 board feet of oak and 21,000 board feet of pine are available. Determine how the company can maximize..
Describe the authority structure of the plan's implementation. This must describe who is responsible for implementing the plan. Include a description of each role involved in the plan:
Why should project teams create a milestone list? Describe why the project manager would use Fishbone or Ishikawa diagrams to assist in ensuring and improving quality. Explain how the project manager measures and satisfies the customer/sponsor.
In the healthcare field, different groups of healthcare professionals adhere to their own codes of ethics. All healthcare professionals are duty-bound to follow a strict code of ethics. Research two different codes of ethics for any two groups of hea..
Perform quantitative analysis to facilitate process selection and capacity planning Layouts are an important part of production management. The three basic layouts are: process layout, product layout, and fixed-position layout. What factors can impac..
Jan 160, Feb 150, March 160, April 180, May 170, June 140. Capacity for these months is 150, 150, 150, 150, 160, 160, and overtime to make 10 units can be used in all months except March. Cost per units is $50 regular time, $75 overtime, subcontracti..
THe probability of a favorable pilot study is 60%. At this time, there will be an 80% chance that the new shopping center will make a profit of $400 million and 20% chance that there will be a loss of $100 million. What decision should be made and wh..
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