Would the smokers who viewed funny commercials report that they are more likely to treat their butts like waste compared with smokers shown a boring poster with butts on the ground and a message that read something like, Hey, dont do that? Yes, humor worked better than the boring PSA, but, Jakubowski points out, even boring messages informing smokers that butts are litter resulted in smokers being less likely to litter their butts
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While acknowledging that finding a community of interest requires a flexible approach by courts, its purpose is to ensure that the franchise law applies only to those business relationships that involve a higher level of financial interdependence than the typical vendor-vendee relationship. This interdependence requires a court of jury to consider the distributors degree of economic dependence on this particular supplier relationship and whether, if the supplier ended the relationship, the distributor would suffer severe economic consequences. As a result of the district courts errors in instructing the jury, the Eighth Circuit vacated the jury verdict and sent the case back to the district court for a new trial
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