Hair Cuts, Inc. (HCI) is a company incorporated in the state of Nevada. HCI and Supercuts entered into a franchise agreement where HCI agreed to operate several hair salons under the name of Supercuts in Reno, Nevada. Jasmine Guy is the sole shareholder of HCI.
Peter Lewis, a chemical engineer for Pfizer, needed a haircut so he went to the nearest Supercuts in Reno, Nevada. The only hairstylist available at the time was Nina Brooks. While getting his haircut by Nina, Peter overheard the cashier having a discussion with Jasmine Guy about how Jasmine had set up her company as a corporation so that she could dodge any potential liabilities. Peter also overheard Jasmine say that although she tries to keep her personal finances separate from her company HCI, she habitually uses her personal check account for business purposes and vice versa.
Unknown to HCI, Nina Brooks had recently been released from the psychopathic ward in Las Vegas after having spent 10 months there for stabbing a customer at a different hair salon in Las Vegas. The haircut was taking an exceptionally long time, so Peter asked Nina, "How much longer? I have to get to a meeting at the office soon." Nina became enraged at what she considered Peter questioning her capabilities and grabbed the sharpest scissors that she had and stabbed him in the back. The police and ambulance were called. Lewis was taken to the hospital and Nina was arrested.
Due to the stabbing, Lewis was unable to return to work for 7 months and was fired by Pfizer. After he was fired, Lewis discovered that his inventions, that he had created during his working hours at Pfizer, in the Pfizer lab, and using Pfizer supplies, had been used by Pfizer during the time that he was recovering from the stabbing and before he was fired. Down on his luck and not having paid his rent for several months, Lewis wants to sue Pfizer for patent infringement of his inventions and wrongful termination. Lewis also wants to sue for his injuries sustained at Supercuts.
CASE Three - ESSAY
Instructions: Frame a complete definition of the legal question asked and explain how the law applies to the facts. Suggested length is two to three paragraphs.
Peter Lewis brings a lawsuit against HCI, Supercuts, Jasmine Guy, and Nina Brooks for the injuries he sustained during his haircut. Explain Lewis's theory of recovery against each entity/person. In other words, what cause of action could he bring against each entity/person.
Explain the likelihood of Lewis recovering from each entity/person. Make sure to include all defenses that could be raised by all of the entities/individuals.
CASE THREE - SHORT ANSWERS
Instructions: In six to eight sentences explain your answers to the following questions.
Peter Lewis wants to sue Pfizer for patent infringement for Pfizer using his inventions without his express permission. No employment contract existed between Lewis and Pfizer, although he was employed full-time there. Lewis would like to know his chance of winning his case against Pfizer. How do you advise him?Due to the unfortunate events, Peter Lewis had to move in with his mother in Arizona. Lewis would like to bring his lawsuits against Pfizer and against HCI, Supercuts, Jasmine Guy and Nina Brooks in Arizona. Would he be able to do so? Why or why not?
Assuming that Lewis is now a resident of Arizona, would he be able to pursue his lawsuit against HCI in federal court in Nevada? Would you advise him to pursue his lawsuit in federal court or state court? Why or why not?