Holders of common stock in a corporation brought an action based on state law fraud claims arising out of a tender offer for their stock. The action against the corporation and its directors was filed in state court in State A. In entering a judgment against the corporation and its directors, the state court ruled that the tender offer contained false statements of material facts. Subsequently, holders of preferred stock in the corporation filed an action in federal district court in State B against the corporation and its directors, asserting a claim regarding the tender offer based on federal law. The preferred shareholders moved for a partial summary judgment on the issue of whether the tender offer contained false statements of material facts. Both State A and State B require mutuality of parties in order for issue preclusion to apply. Should the federal court grant the partial summary judgment motion

Answers

Answer 1

Answer: No, because State A requires mutuality of parties in order for issue preclusion to apply

Explanation:

According to the information given, the federal court cannot grant the partial summary judgment motion. The reason for this is because State A requires mutuality of parties in order for issue preclusion to apply.

Under 28 U.S.C. § 1738, it's required for the federal court to give full faith and credit to the state court judgments. Therefore, in this scenario, if a subsequent action in the state is barred by the state-court judgment, then it can be deduced that it acts to bar a subsequent action in the federal court too.


Related Questions

The receptionist at Brunt Inc. is punctual, polite, and always cheerful. The firm's employees and customers all love her. However, she has difficulty with the clerical tasks that the firm's prior receptionists handled. The receptionist's supervisor recommends redesigning the receptionist's job. That recommendation would be most appropriate in which situation?

Answers

The recommendation proposed by the supervisor would be the most adequate in a circumstance when 'The employee is highly motivated but lacks the ability, and training is not expected to help.'

In an organization, a recommendation for replacing an employee is made only when the employee fails to accomplish the required responsibility adequately. In the given situation, the receptionist despite being extremely prompt, activated, and humble fails to complete the given duties as she lacks the required skills to justify her job's position in the company. Thus, the recommendation for replacing her would be adequate as she lags behind in accomplishing the clerical tasks that play a key role in the organization's management.

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Select all the correct answers. Which two research options are examples of secondary sources? Select all the correct answers.

Answers

Answer:

Research studies, Case studies, Books, Information from organization's database.

Explanation:

The secondary sources are defined as the sources that is used to describe or summarize or discuss the information and the details which is originally presented in the other sources. It provides a good overview of the topic or the subject that we are studying or doing a research.

Some of the secondary researches during a research process are :

Research studies, Case studies, Books, Information from organization's database.

A homeowner was injured when an automatic cutoff switch failed to function on a snowblower he was using. The cutoff switch had functioned well for a year after he purchased the snowblower but failed after the machine had been improperly repaired by a mechanic. The snowblower's operating manual contained a clear and prominent warning against making the very alteration to the switch mechanism that was made by the mechanic. The mechanic, however, did not have a manual available when he repaired the snowblower. Does the homeowner have a viable claim against the manufacturer of the snowblower for damages

Answers

Answer:

No, because the injury resulted from a substantial alteration of the snowblower by a third party.

Explanation:

The snowblower user had repaired the machine by a local mechanic. It was written on the operating manual that mechanics of the machine is not easy and if there is any alteration made to to switch the machine may function abnormally. The alteration was made to the snowblower despite of clear warning by the manufacturer. Therefore homeowner cannot have a valid claim against the manufacturer of snowblower for damages.

Your clients, spouses Jared and Joaquim, are both 33 years old. They are concerned about saving money for a down payment on a home. Currently they have $120,000 set aside for that purpose. They plan to start a family in about a year and would like to buy the home in six months. The amount they have saved is more than 20% of the value of the homes in the area they want to move. They look to you for a place to save the money until they need it. Which of the following is the most suitable recommendation for the couple?

A) A 26-week T-bill
B) The Windmill Growth Fund
C) The Oldtime Life Insurance Company Variable Annuity
D) The Benji Money Market fund

Answers

Answer:

) The Oldtime Life Insurance Company Variable Annuity

Two unrelated individuals, John and Tom, own all the stock of Regal Corporation, which has earnings and profits of $400,000. Because of the inactivity of the business for the last several years, Tom has decided to retire from the business and move to Alaska. Accordingly, Regal Corporation will redeem all the stock owned by Tom and, in return, Tom will receive a distribution of $500,000. Tom's adjusted basis in the stock is $250,000. What will be the tax effect to Tom

Answers

Answer:

Capital gain of $250,000

Explanation:

Calculation to determine What will be the tax effect to Tom

Redemption proceeds $500,000

Less Adjusted basis in the stock ($250,000)

Capital gain $250,000

($500,000-$250,000)

Therefore the tax effect to Tom will be CAPITAL GAIN of $250,000

. Susan recently came to her manager, Andrea, with a sexual harassment complaint. A coworker Susan used to date is continuing to bother her even though they broke up several months ago. Andrea took appropriate steps to help Susan get the complaint resolved, but she feels a little bit uncomfortable with Susan now that she knows such personal information about her. When her team decides to go to lunch, she does not invite Susan the way she usually does. How could Susan perceive these actions

Answers

Susan will  perceive these actions as Retaliation

Retaliation is a form of revenge and this tend to occurs in a situation where a person is been punished for complaining about  been assaulted or harassed especially in a workplace.

Example an employee may complain about been harassed in his or her  workplace to his or her employer in which the employee may be punished for making such complaint by either be demotated or have his or her appointment terminated among others.

In conclusion Susan will  perceive these actions by her manager as Retaliation.

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Under this kind of program, cities demolished poor neighborhoods in city centers that occupied potentially valuable real estate; in its place were constructed retail centers and all-white middle-income housing complexes. a.white flight b.neighborhood stabilization program c.urban renewal d.suburbs

Answers

The description explained depicts urban renewal.

Urban renewal were the policies that were out in place to enable housing authorities and local governments to demolish the neighborhoods that were considered to be blighted and poor and then replace such neighborhoods with real estate that were more valuable and were usually reserved for the white people.

Houses that were seen to be slums were destroyed and newer and fascinating neighborhood were constructed.

In conclusion, the correct option is C "urban renewal".

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Because attempting to define a particular market can be difficult and controversial the Federal Trade Commission has begun to look less at market share and more at the data on actual ______________________________. competition in the overall economy selective anti-competitive industry practices competition between businesses market definition

Answers

Answer:

competition between businesses

Explanation:

The Federal Trade Commission can be regarded as independent agency that is been set up by United States government to enforce antitrust law as well as carry out of the promotion of consumer protection. Since to define a market can seems difficult, they tends to use competition between businesses when carrying out their operation. Business competition can be regarded as a process whereby different companies as well as individuals compete in the same industry, this could be in the type of product and services been offered, with compitition, the consumers can have different options when seeking for product not services to consume.

You work in an office and one of your co-workers has announced his retirement. You have offered to purchase the retirement gift, so you place a collection jar in the lunch room for anonymous donations to help pay for the gift. After a week you find that very few dollars are in the jar, so you end up paying for a large share of the retirement gift. You are the victim of the:
A. common resource problem.
B. private good problem.
C. overuse of a common resource problem.
D. free-rider problem.

Answers

Answer:

D

Explanation:

The free rider problem is a form of market failure. It occurs when people benefit from a good or service of communal nature and do not pay to enjoy these services.

Because you have offered to buy the gift, fellow employees are not bound to make donations to buy the gift. This is because regardless of if donations are made, you would still purchase the gift

State any four uses of funding in a new business

Answers

Answer:

Some of these funding options are for Indian business, however, similar alternatives are available in different countries.

Bootstrapping your startup businessCrowdfunding As A Funding OptionGet Angel Investment In Your StartupGet Venture Capital For Your Business

An employee was suspended for two weeks for drug use. Six months later, the employee was fired from the job because her productivity did not show any improvement even after undergoing treatment for drug use. Which form of discharge did the employee experience

Answers

I believe it’s Involuntary Turnover. There’s a Quizlet that uses this exact same scenario that defines it as Involuntary Turnover

What is the percent change in price when the price drops from $6 to $5? What is the percent change in price when the price drops from $6 to $5? Assume your answer is a percent and answer a numeric value only.

Answers

Answer:

16.7%

Explanation:

100/6 = 16.666666667% = 1/6

6-5 = 1

1/6 of the price is taken away so 1/6 is the percent it dropped.

Assuming number 6, then answer in numerical value in 16.7%.

What is the price?

Pricing is a very important factor in determining how well-liked a product is in the market.

100/6 = 16.666666667%

= 1/6

6-5 = 1

The price reduced by 1/6, or 1/6 of the original amount.

As a result, 16.7% is accurate.

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The following information is available for Coronado Company: Sales Revenue $389600 Freight-In $29300 Ending Inventory 37400 Purchase Returns and Allowances 14500 Purchases 269500 Beginning Inventory 45300 Coronado's cost of goods sold under a periodic inventory system is

Answers

Answer:

$262,900

Explanation:

Net purchases = Purchases - Purchase return and allowances

Net purchases = 269500 - 14500

Net purchases = $255000

Cost of goods available for sale = Beginning Inventory + Net Purchases

Cost of goods available for sale = 45300 + 255000

Cost of goods available for sale = $300300

Cost of Goods sold = Cost of goods available for sale - Ending inventory

Cost of Goods sold = 300300 - 37400

Cost of Goods sold = $262,900

So, Coronado's cost of goods sold under a periodic inventory system is $262,900.

Meili's employer distributes checks at the end of each quarter, representing an equitable portion of 5 percent of the company's pretax profits for the previous quarter. These are ________checks. Group of answer choices pay for knowledge gainsharing bonus pay for performance profit sharing

Answers

Answer:

profit sharing

Explanation:

profit-sharing plan can be regarded as retirement plan which is designed to let an employee to have a share in the profits of a firm. In this particular plan some percentage of the profit made by the company,firm can be received by the employee using the quarterly or annual earnings of the employee as the basis.

A broker has an exclusive right-to-sell listing on a building. An offer to purchase the building is received while the owner is out of town. The offer requires a commitment from the seller before the seller is scheduled to return to the city. Under these circumstances, the

Answers

Answer:

Broker must obtain the signature of the seller to effect a contract.

Three business people who wish to invest in a new company. Each person is willing to pay one third of the total investment. . After careful calculation, they realize that each of them would pay $ 7600 less if they could find two more equal investors. How much is the total investment in the new business.
A) $ 64,000
B) $ 54,000
C) $ 21,000
D) $ 5,400
E)e) $57,000

1

1

Answers

5ghost streetdhshahah

The Sarbanes-Oxley Act: Group of answer choices protects American consumers from fraudulent foreign business practices. imposes penalties on foreign firms that try to bribe U.S. officials. requires that financial officers and CEOs personally certify the validity of their financial statements. prevents workplace discrimination based on age, gender, or race.

Answers

Answer:

requires that financial officers and CEOs personally certify the validity of their financial statements

Explanation:

The management at Kohler Inc., a manufacturer of sinks, tubs, and other plumbing products, thinks that there will soon be a major growth in home remodeling due to rising interest rates. The management decides to use ____ in several key cities to provide support services for its sales force in those areas, carry inventory, and offer credit and other services to its retail plumbing customers.

Answers

Answer:

sales branches.

Explanation:

A sales branch can be defined as a wholesaler owned by a manufacturer and takes product title, assumes the risk associated with the ownership of this product, resells the product, as well as providing services to the end users or consumers. Thus, it's a form of business management set up by manufacturers in order to improve on their inventory control, sales, as well as the promotion of goods and services.

In this scenario, the management at Kohler Inc. is using sales branches in several key cities because it provide support services for its sales force in those geographical areas, carry inventory, as well as offering credit and other services to its retail plumbing customers.

We wish to develop a confidence interval for the population mean. The population follows the normal distribution, the standard deviation of the population is 3, and we have a sample of 10 observations. We decide to use the 90 percent level of confidence. The appropriate value of to represent the level of confidence is ________________.

Answers

The answer is supposed to be: -1.645

Why feasibility analysis is important before starting a new business venture?state the role feasibility analysis with in entrepreneurial success.

Answers

i am a right outside linebacker blitzing off the edge

A famous jazz pianist and a nightclub owner executed a contract that called for the pianist to perform at the nightclub five times per week for six months. The contract prohibited the pianist from giving public performances during the contract period at any other venue located within a specified distance of the nightclub. Three months into the contract term, the pianist received a more lucrative offer to play a series of shows at a restaurant located within the contractually prohibited area. The pianist accepted the offer. Upon learning about this arrangement, the nightclub owner filed a suit seeking an injunction to prevent the pianist from performing at the restaurant. The nightclub owner has made no attempt to hire another performer to replace the pianist. The judge determines that the contract restriction on the pianist is reasonable. Is the judge likely to grant the injunction

Answers

Answer:

Famous Jazz Pianist and a Nightclub Owner

The judge is likely to grant the injunction to prevent the pianist from performing at the restaurant.

Explanation:

This opinion is based on the determination already reached by the judge that the contract restriction on the pianist is reasonable.  The contract is valid with clear terms legally agreed to by the pianist and the nightclub owner.  The pianist is expected to abide by the terms of the contract, which do not impose a total restriction on his trade.

Keynesian economists ________. A) observe that prices respond slowly to changes in supply and demand B) believe that the classical dichotomy does not hold in the short run C) believe that monetary policy affect aggregate output and the real interest rate D) all of the above

Answers

Answer:

The choose D.All of the above

I hope I helped you^_^

A cash equivalent is: Multiple Choice Generally within 3 years of its maturity date. Close to its maturity date but its market value may still be affected by interest rate changes. Is not considered highly liquid. Another name for cash. An investment readily convertible to a known amount of cash.

Answers

Answer:

An investment readily convertible to a known amount of cash

Explanation:

Cash equivalents are items usually recognized in the balance sheet along with cash (then names Cash and cash equivalent) that are readily or easily convertible to cash at an amount that is measurable.

Examples of cash equivalents include commercial papers, bank certificate of deposit, treasury bills usually with a tenor of 3 months or less etc.

Cash equivalents are assets and help improve the company's liquidity.

A condo owner, a citizen of State A, hired an electrician, a citizen of State A, and a gas worker, a citizen of State B, to fix the wiring in his condo and install a new gas stove. Unfortunately, the condo burned down while they were working on it. The condo owner sued the gas worker for negligence, seeking $100,000. The gas worker files a motion to dismiss the case for failure to join the electrician, alleging that he contributed to the fire. How should the court rule

Answers

Answer:

Deny the motion, because the electrician is not a necessary party.

Explanation:

A necessary party is defined as a party that is required to be joined as part of a case and without who a case cannot be decided.

The party must be indispensable in the ruling to be considered as being required to be joined.

However in this scenario either electrician or the gas worker can be held entirely responsible for the fire. So the case can be satisfactorily decided without joining the electrician.

The home owner can raise a seperate case against the electrician if he so feels in the future.

An investor owned a 100-acre parcel that contained several natural asphalt lakes. A construction company was erecting highways for the state in the vicinity of the investor's land and needed a supply of asphalt. The investor executed a document that, in return for a payment of $1 per barrel, gave the company the right to enter on the land and take asphalt in whatever quantities the company desired. The investor reserved the right to remove asphalt herself and to grant this right to others. Last year, the state commenced an action in eminent domain to take the investor's land for a public park. Is the construction company entitled to compensation

Answers

Answer: Yes

Explanation:

The construction company is entitled to compensation because it has a property right to enter and remove minerals.

The investor gave the construction company the right to use the properties on the land, if anything would be done on the land, the construction company should be compensated because they bought the right to do business there. Since the owner granted them the sole right, they are entitled to the resources.

Quality cost information reports ______. Multiple select question. show managers if quality control costs are poorly distributed help identify the financial cost of defects give managers an idea of where to focus quality control efforts always identify lost sales from customer ill will

Answers

Answer:

• show managers if quality control costs are poorly distributed

• help identify the financial cost of defects

• give managers an idea of where to -focus quality control efforts

Explanation:

Quality costs refers to the costs that is associated with the prevention, detection and remediating of product issues that are related to quality.

The uses of quality cost information include:

• show managers if quality control costs are poorly distributed

• help identify the financial cost of defects

• give managers an idea of where to -focus quality control efforts

At December 31, 2021 and 2022, Frist Company had outstanding 50 million common shares and 4 million shares of 10%, $10 par cumulative preferred stock. Net income for 2022 was $20 million. No dividends were declared in 2022. EPS for 2022 was: rev: 03_01_2021_QC_CS-255248 Multiple Choice $0.32. $0.37. $0.40. $0.48.

Answers

The dividend is a payout of profits from a firm to its investors. As long as a corporation makes a profit or surplus, it can distribute a part of that profit to shareholders. Any money left over is re-invested money into the organization. So, the answer is "[tex]\bold{\$0.32}[/tex]" and its calculation can be defined as follows:

Given:

The Net income for [tex]\bold{2022= \$20\ million}[/tex]

Common shares = [tex]4 \ million[/tex]

share= [tex]10\%[/tex]

Cumulative preferred stock= [tex]\$10[/tex]

[tex]\to \bold{\frac{[\$20 - (10\% \times \$10\ par \times 4)]}{50}}\\\\\to \bold{\frac{[\$20 - (0.10 \times \$40\ par)]}{50}}\\\\\to \bold{\frac{[\$20 - \$4\ par]}{50}}\\\\\to \bold{\frac{[\$16]}{50}}\\\\\to \$ 0.32[/tex]

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important of doctor any five

Answers

Answer:

saving life, extending life, humanitarian work, controlling epidemic and conducting research

A doctor is only the person with the profession of treating and curing sick.

Doctors help us by taking care in the hospital if we have any injuries or illness.

If there are no doctors and we are injured or ill there will be many chances to lose our lives without doctor in that situation.

There are many doctors like dental doctor, ophthalmologist (eye doctor) etc.. who can help us in different types of illness.

Doctors treat not only physical ailments but also the mental ailments of a patient as a Psychiatrist (medical doctor; who specializes in mental health, including substance use disorders.)

write how one can become a skillful manager​

Answers

Answer:

One can become a skillful manager with general knowledge and people skills

Explanation:

Every manager has indaviduals working under him or her, so they need to be able to communicate with their subordinates. Thats is where the people skills comes into play. Additionally, every manager needs to know alot about what they are managing, depending on if they are managing a product, or a shift at a restaurant, they need to know how things operate. This usually comes with expeirence. The third skill that every manager needs is problem solving. When a problem arises, it is a managers job to fix problems or delagte tasks to people to fix problems.

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What is the answer?? I need help please

Answers

Answer:

B. The mixed economy.

Explanation:

An economy is a function of how money, means of production and resources (raw materials) are carefully used to facilitate the demands and supply of goods and services to meet the unending needs or requirements of the consumers.

Hence, a region's or country's economy is largely dependent on how resources are being allocated and utilized, how many goods and services are to be produced, what should be produced, for whom they are to be produced for and how much money are to be spent by the consumers to acquire these goods and services.

Basically, there are four (4) main types of economy and these are;

I. Command economy.

II. Free market economy.

III. Traditional economy.

IV. Mixed economy.

A mixed economy can be defined as a type of economy in which the government of a particular country is minimally involved in the allocation and production of goods and services while protecting the interest of the consumers and regulating the market by establishing laws.

This ultimately implies that, a mixed economy is a combination of two or more economy such as centralized economy and capitalist economy i.e the state and private sector control the economy in a country.

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One way of purifying gaseous H2 is to pass it under high pressure through the holes of a metal's crystal structure. Palladium, which adopts a cubic closest packed structure, absorbs more H2 than any other element and is one of the metals currently used for this purpose. Although the metal-hydrogen interaction is unclear, it is estimated that the density of absorbed H2 approaches that of liquid hydrogen (70.8 g/L). What volume (in L) of gaseous H2, measured at STP, can be packed into the spaces of 1 dm3 of palladium metal he ______ is the depth in the ocean at which calcareous skeletal material first begins to dissolve. Multiple choice question. The incidence of CHD in smokers that can be attributed to smoking is: __________. An outside supplier offers to provide Epsilon with all the units it needs at $64.50 per unit. If Epsilon buys from the supplier, the company will still incur 40% of its overhead. Epsilon should choose to: On October 31, 20X5, West Company received a condemnation award of $450,000 as compensation for the forced sale of a warehouse. On this date the warehouse, including the land on which it was situated, had a book value of $275,000. During December 20X5, West purchased a parcel of land for a new warehouse site at a cost of $125,000. West should report on its income statement for the year ended December 31, 20X5, a gain on condemnation of property of What characteristics would you most associate with Lady Macbeth afterreading this speech? Complete and balance the equations for the given single displacement reactions. Write the reaction in molecular form. Phases are optional. If you need to clear your work and reset the equation, click the CLR button.Li(s) + H2O---------- Ca(s) + H2O --------------- Read and choose the correct option.Si se da usted un golpe en la cabeza, puede escuchar las recomendaciones del doctor:Cudese mejor si quiere sanar.Descanse por dos semanas.Lave la herida bien con agua para no tener picor.No cubra la herida.Based on the reading, what could be another suggestion for recovery from the doctor?A Visit the physical therapist.B Wear comfortable clothes. C Reduce physical activity. D Apply gauze. The EPS for TJX for the fiscal years ending January 2006 (FY2005) through January 2010 (FY2009) are: which one ? it says i need 20 characters so im just typing this The expression xy equals 0.7 if x and y have certain values. Evaluate the following expressions with the same values of x and y. What is 1/x-y.PLEASE HELP FAST I NEED THIS DONE IN 30 MINUTES!!! Jose rents office space for $20,000 per year. He uses the office to fill out tax returns for 1,000 clients per year. If the office rent increases to $25,000 per year, the marginal cost of filling out tax returns will A. increase, but we cannot determine the amount of the increase with the information given. B. increase by $5. C. not change. D. increase by $5,000. Which are broad categories of action for crafting strategic moves to improve a diversified company's overall performance? (Choose every correct answer.) at 1 % of population growth rate when will the population pf a place be doubled . Consider the following reaction at equilibrium. What effect will decreasing the temperature have on the system? DH=+890kJCO2(g)+2H2O(l) CH4(g)+2O2(g)a) the equilibrium constant will increaseb) the reaction will shift to the left in the direction of the reactantsc) the reaction will shift to the right in the direction of the productsd) no effect will be observed Upon completion of seeding a flower and a vegetable, research and identify the optimum propagation conditions, such as, water and light demand, appropriate temperature, and, other elements that may affect the germination from seeding. Compare your research findings with your existing conditions. If any discrepancies found, address how you would like to mitigate. Describe the entire process in your weekly lab report journal. Add photos, sketches or other supplementary information, if necessary. URGENT GIVING BRAINLIEST write any two difference between CGS and MKS system of measurement ? If u get a negative answer for exponents is it correct? A designer needs to select the material for a plate under tensile stress. Assuming that the applied tensile force is 13,000 lb and the area under the stress is 4 square inches, determine which material should be selected to assure safety. Assume safety factor is 2. Material A: Ultimate Tensile stress is 8000 lb/in2Material B: Ultimate Tensile stress is 5500 lb/in2