Which of the Following Was the Result on Appeal in the Case

question 53

Multiple Choice

Which of the following was the result on appeal in the case of Evan Rothberg v. Walt Disney Pictures, the case in the text in which the defendant allegedly used undue influence to obtain a release of employee benefits from a person in the hospital dying of AIDS?

• A) The court ruled that the defendant was rightfully entitled to a summary judgment ruling in its favor because there was no direct evidence of legal undue susceptibility on the part of the weaker party.
• B) The court ruled that the defendant was rightfully entitled to a summary judgment ruling in its favor because there was no direct evidence of application of excessive pressure by the stronger party.
• C) The court ruled that the defendant was subject to summary judgment because the employer/employee relationship was present when the benefits at issue were granted, and no action for undue influence could later be brought against the employer.
• D) The court ruled that the plaintiff was entitled to recover as a matter of law because there was sufficient proof of undue influence.
• E) The court ruled that a jury question was presented as to whether undue influence was present.

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