Plaintiff Case Studies Samples For Students

RE: EXPRESS OF NO MERIT ON THE CASE FILED BY SOFIA LUI’S FAMILY

Question Presented
The question I raise is that, was Uber system responsible for the death of Sofia Lui, and was the case filed by Sofia’s family has any merit?

Short answer

According to the arguments raised by the plaintiffs, Sofia Lui family represented by Attorney Christopher Dolan; there is no evidence linking Uber System to the death of Sofia Lui. The driver in contention was a contractor who had been given a job by Uber System but at the moment of the accident, the driver in mention did not have any account with the company. Mr. Muzaffar, the driver, was not ...

Lowell Bray, The Plaintiff, filed an appeal in the Douglas County District Court asking for damages for injuries protracted when he skidded on ice on defendant's grounds. In its adjusted answer, the defendant, Kate Inc on behalf of Stockade Restaurant & Lounge, denied the petition's allegations and alleged that plaintiff was contributory negligent in failing to keep a proper lookout and in walking in such a manner that he lost his balance. It additionally claimed that plaintiff willingly presumed the risk of whatever hazardous condition existed.

Evidence presented by the plaintiff at trial illustrated that the Millard area in Douglas County, ...

Statement of Facts

Jerry Newhouse, the plaintiff in this matter, was in defendant’s Lion’s Paint Store shopping for paint. Around 10:30 am, while Jerry was in the third aisle of the store, he slipped & fell on paint that had spilled from an open container. The manager of the Lion’s Paint Store claims that the store was unaware of the spilled paint on the floor. Store policy requires employees to check the aisles at the beginning of each hour. According to Lion’s Paint Store records, an employee inspected the floor at 10:00 am. The last inspection therefore occurred approximately ...

In Corbin v. Safeway Stores the plaintiff “sued Safeway Stores for damages resulting from injuries suffered when he slipped on a grape and fell” in the produce department of a supermarket owned by Safeway.
The evidence established that the plaintiff slipped “directly in front of the self-service grape bin” (Corbin v. Safeway Stores).
The plaintiff testified that “he saw no mat or other flooring covering of any kind in the area where he fell” (Corbin v. Safeway Stores).
On the other hand, Safeway’s employees testified that company policy “required mats in front of its grape bins” because Safeway ...

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

Q.1
The elements of the plaintiff’s claim for damages against the hotel as the employer include loss of income/earnings or economic loss and pain and suffering. The complaint against the animal keepers as guests is a breach of the duty of care constituting negligence. Examples of animal diseases that one may contract as a result of being around or handling animals include zoonotic diseases such as anthrax, brucellosis, leptospirosis, arbovirus, and Campylobacteriosis. To avoid infection by these diseases, the care that one should include the use of personal protective equipment such as boot, aprons, overalls, goggles and gloves, ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff.
Slander ...

Graham v. Conner 490 U.S. 386 (1989)

The Plaintiff (Graham) is diabetic and he had been feeling awful after an insulin reaction. A friend took the plaintiff to the store but because the queue at the store was too long so he hurriedly left the store and his friend drove him to their friend’s home for juice. A police officer, on seeing the plaintiff hurriedly leave the store, was suspicious and trailed the car. He stopped the two after trailing them for one mile. The plaintiff’s friend told the police officer that Graham was having a “sugar reaction” ( ...

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant
Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW, NO. 02-1624
Elk Grove Unified School District v. Newdow, No. 02-1624

Introduction

On 24th march, 2004 the case between Elk Grove Unified School District and Newdow was heard in the U.S supreme court. The court was to determine and rule on two essential issues concerning the case. The Supreme Court was therefore to determine whether Newdow who was the plaintiff and a noncustodial parent had standing in challenging recitation of the pledge by Elk Grove Unified School District. If the court ruled in favor of the plaintiff then, it was also to determine ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

A recent United States Court of International Trade case is Marvin Furniture (Shanghai) Co. v. United States. In the case, the plaintiff was the Marvin Furniture, while the defendant was the United States. The case involved efforts by the plaintiff to withdraw the decision made during the Marvin Furniture (Shanghai) Co. v. United States, 36 CIT, 867 F. Supp. 2d 1302, whereby the court found Marvin to be responsible importer of goods that had entered US but were not reported, hence resulting to rescission. The bases of defendant was that the plaintiff had failed to disclose it first exports ...

Part 1: Identify and briefly define the elements of a valid contract

In order for a valid contract to be legally binding and enforceable, a number of elements must be met. First, there must be a valid offer. The terms of the offer must be sufficiently definite. Second, there must be a valid acceptance of the offer. The acceptance must be unequivocal and unambiguous to constitute acceptance. A counteroffer does not constitute acceptance, but rather a new offer. Third, there must be legal consideration. Consideration can be in the form of a promise or money and is usually deemed sufficient when one party agrees to pay the other party money in ...

Question 1

In the first instance, the case was heard in Melbourne. Regarding the nature of dispute Willet had been a Senior Detective Constable and worked at the Victorian Police Force. She suffered from a depressive disorder that was depressive because she had been subjected to harassment and bullying when working at the police force. She was awarded damages amounting to $106,000 by the jury to compensate have for losing the enjoyment of life and suffering. After appealing to the Supreme Court, the damages were increased to $250,000.Medical evidence showed that the harassment and bullying contributed to Willet's mental ...

Cleveland v. Harrison Manufacturing

As the lawyer for the defendant, the impact of the Cleveland decision will relieve the defendant from any liability to Ms. Plaintiff. The issue in this case is whether or not defendant is liable to Ms. Plaintiff for selling a product that is unfit for use as a mouth guard designed for boxing. Basic is the rule that the plaintiff who suffered negligence by using a product must be able to prove that he suffered damage from the failure of the defendant to fulfill an expected standard of care in the creation of a product.
Ms. Plaintiff can file a successful claim against ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011.
The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010.
The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To.
The counsel for the ...

The appeals court should rule in favor of the defendant, Jewett. This ruling is arrived at by the use of the primary assumption of risk doctrine. The particulars of the case point at an implied assumption of risk by the plaintiff. By getting into a session of an active sport, the plaintiff could not claim any duty of care owed to her by the defendant during the active sport event.

Knight bases her claim on the legal doctrine of negligence. She claims that the defendant owed her a reasonable duty of care during the game of touch football. She claims that ...

Issue

Robert Olins, the defendant in the case was found to be in breach of contract by a lower court. A lease was drafted and signed by Robert Olins and Pan Handle Realty, LLC for a year’s period. Part of the agreement was that Pan Handle Realty, LLC was to unfurnish the property and Olins was to make payments for the amount of a year’s rent (Cross & Miller, 2015). Olins had issued a postdated check which was to be cashed after Pan Handle Realty, LLC had completed the modifications in the house. It was then that the plaintiff ...

Management

Abstract
Companies have come to realize that Human Resource is key element to remaining competitive in the global advance and market towards their goals. Human Resource in Coca Cola Company is facing challenges of fighting racial discrimination in United States. . The issues that Coca-Cola is facing in relation to human resource are critical and more so threaten its survival. The paper discusses racial discrimination in the Coca-Cola Company. The paper analyzes the case study of Coca-Cola Company that dwells on racial discrimination. The recommendations to the problem are also highlighted at the end of the paper.

Summary

The lawsuit, ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

YourName

This case study presents J.W., a patient who went to the emergency room of the Community Hospital due to a persistent and severe headache over the last couple of days. Patient displayed signs and symptoms that her condition required blood testing and a head CT scan. However, Nurse Jackie, the nurse assigned to handle the patient’s case, only charted the symptoms but did not act on it or report it. The triage nurse, together with Nurse Jackie, also interviewed J.W. about previous neurological problems, headaches, or incidences of cerebral hematoma. But due to J.W.’s disorientation caused by ...

Impacts of Pollution on Wildlife

Introduction
Impacts of pollution on wildlife has been a controversy and a contradicting issue since it has been experienced in the world and specifically in the united States of America for a long period of time. There are environmental laws which are hard on some manufacturing and production industry in North America and this makes them to be held responsible of various wildlife cases. The environmental laws in the United States of America have enacted endangered species Act in which it is a general rule which has held several companies responsible of the reduction of Wolverines in Montana glacial ...

Mayfair Ltd. would be obligated to pay Speedymove the increased price of £8,000 because the modification made to the contract was valid.
A binding contract is created through the process of mutual assent (offer and acceptance) and consideration, definiteness, and when no valid defenses or excuses to contract exist. In this case, both parties appear to agree that a valid contract was formed and existed to deliver 150 frames for an exhibition at the price of 6,000, 25 frames at a time over a period of six weeks, although the fact pattern does not specify whether the contract is ...

Business Law Case Study - Case No. 110,936

Issues
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
Rule
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.

Application

Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with ...

Other

19th May, 214
Ans1. The West Virginia’s Supreme Court of Appeals ruled that the plaintiff had stated a claim for the negligent infliction of emotional distress. AIDS is a serious disease and is like a slow death to the person and is emotional trauma even for the family. Court’s findings are appreciable as the physician who has committed this gross act of negligence should have been penalized and plaintiff who suffered emotional distress can ask for compensation in the form of cash or kind. In the worst case, physician’s license can be cancelled, prohibiting him to continue with ...

Parties involved (Public institution and individuals)

Kenneth E. Hardy, Plaintiff - Appellee, Jefferson Community College and Kentucky Community and Technical College System,
Defendants: Mary Pamela Besser and Richard Green, Defendants-Appellants
Summary
The First Amendment of the United States Constitution affords protection to freedoms and rights of citizen that include but not limited to, freedom of speech. Such rights and freedoms are anchored in the Constitution and cannot be abrogated by any particular individual. Nonetheless, it is never always clear cut on what constitutes speech on issues of public concern so as to fall into the category of speech that is protected by ...

Kay V. Cessna Aircraft Company, 548 F.2d 1370(1977)

Julius Kay, the Plaintiff’s deceased husband, had been killed after his Cessna airplane crashed as he took-off. One of the engines had failed resulting to the crush.
The Plaintiff sued the manufacturer of the plane, the defendants, under the strict products liability doctrine. The defendant argued that the instructions were adequate and had the deceased followed them, the accident would not have occurred.
The jury found the defendant liable for the accident upon which they made a motion for judgment notwithstanding verdict. The trial court granted the motion. ...

The media has a great influence on how varied audiences perceive various issues in the society. The MacDonald’s spill incident which, led Ms. Liebeck to file a law suit against the coffee shop, was greatly misinterpreted by the media. The plaintiff had bought coffee at the restaurant and while trying to add sugar and cream, the coffee which is normally served between 180 and 190 degrees, spilled on her causing her third degree burns, hospitalization for 8 weeks and medical bills amounting to an approximate 11,000 USD, not to mention she was disfigured for two years . Two ...

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
190 F. Supp. 116 (1960) U.S. Dist.

Frigaliment Importing Co. (Plaintiff)

Vs.
B.N.S. International Sales Corp. (Defendant)

Facts

The Defendant, B.N.S. International Sales Corp. entered into two agreements to sell chicken to Frigaliment Importing Co., the Plaintiff. When the first shipment reached Switzerland, the Plaintiff realized that the shipment did not contain young chickens for broiling and frying, but contained heavier birds for stewing. The Defendant Company was of the view that any chicken would be able to meet the specifications of the contract as regards the quantity and weight. Conversely, the Plaintiff Company believed ...

CATERPILLAR INC.v. JAMES DAVID LEWIS

CATERPILLAR INC. V. JAMES DAVID LEWIS
FACTS: Plaintiff respondent Lewis is a Kentucky resident who suffered personal injuries while in the course of operating a bulldozer. Lewis filed a claim for damages before the Kentucky state court against the two defendants: the manufacturer and the company that provided service for the maintenance of the bulldozer. The manufacturer is Caterpillar, is a company incorporated in Delaware, Illinois. While Whayne Supply Company is the company providing service to the bulldozer was incorporated in Kentucky, and having its principal place of business Kentucky. The plaintiff entered into a settlement agreement with ...

Willie Mae GRAY, Plaintiff-Appellant,v.BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens, TheOld Country, Defendant-Appellee.

Top Six (6) Facts:

Fact 1: On August 23, 1986, Willie Mae Gray and her two daughters, Ruth and Esther, went to Busch Gardens, an amusement park in Williamsburg, Virginia.
Fact 2: While at the park, Mrs. Gray bordered a small train and she had an accident in which she fell off and injured herself.
Fact 3: After the injury incident, the employees of Busch Gardens dispatched a first aid team to the site and called an ambulance.
Fact 4: Mrs. Gray’s daughter, Ruth, went with her in the ...

Facts:

The respondent is Marline Monroe a patient who brought suit in court alleging that she was caused bodily harm through medical negligence. She was injured in a serious accident on June 2, 2015. The patient suffered a fracture of the left leg that was improperly set. This resulted in permanent disability and Volkmann’s contracture. Dr Ben Bruce (defendant) recommended the amputation of the leg and the surgery was booked for June 7, 2015. However, during the surgical procedure, the right leg was amputated. This caused irreversible damage and bodily harm. She suffered physical and emotional disability.

Procedure:

This is ...

Compare and contrast two legal cases

Liebeck v. McDonald's Restaurants
The first fact, in this case, is that the coffee that was served at McDonalds had a temperature that was between 180 and 190 degrees Fahrenheit. For a long time, the company had known that they had been serving coffee that was twenty to thirty-degree hotter than the coffee that was served in other restaurants. In the previous ten years, the company had been sued over 700 times, but McDonalds had not taken the necessary steps to lower the temperature of the coffee that they served.
The second fact, in this case, was that the ...

International arbitration allows international business persons from different legal backgrounds to amicably solve their grievances. Parties to a contractual agreement or in an international relationship seek an impartial party who carries out the adjudicatory process. The resolution by the arbitrators is usually binding and carries a provision of arbitration in future contractual disputes. International Arbitration has over the last half century gained popularity because of the expeditious nature of the method. Businesses and international traders prefer international arbitration to the domestic legal process. A dispute would usually be handled under the judicial system under which the dispute occurred. Resolving the dispute ...

Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.

Issue:

Does the cap on tort recovery damages imposed by Mexican law render Mexico an inadequate forum for resolving a tort suit by a Mexican citizen against an American manufacturer and an American airbag designer?

There are four consideration for the court to take into account when determining a case of forum non conveniens. The first factor is whether an alternative forum is available. In making its determination of whether an alternative forum is available, the court will look at ...

Re: Client’s Sexual Harassment Case

Question Presented
Did the client’s interactions with the plaintiff including multiple requests for dates, talking in a sexually explicit manner, and a question, asked in quest, of whether she slept with a client in order to complete a sale amount to sexual harassment under federal or state law?

No. While client’s interactions with the plaintiff might be considered offensive or unsophisticated, under a legal analysis, they do not amount to sexual harassment.

Facts

Discussion
The client has been sued by the plaintiff for sexual harassment. The client contends that his actions were genuine (he really would like to date her) and ...

Legal Environment of Admin

Minimum Procedure: Matthews v. Eldridge, 424 U.S. 319 (1976)
Issue - Does receiving a notice and opportunity to comment in writing a valid ground to cut a person’s legal benefits without going through a full evidentiary hearing? This is the central issue pertaining to the interpretation of due process in the Fifth Amendment.
Decision - The Supreme Court ruled the due process in the Fifth Amendment does not require evidentiary hearing given that the right to receive notice and opportunity to comment in writing was provided to the plaintiff.
Reasoning - The court argues that the determination of the ...

- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

The landlord’s strongest position arises out of the Lease Agreement dated November 1, 2005, together with the Smoke Detector Agreement dated the same day (attached as Exhibits A & B, respectively), taken together with the tenant’s undisputed actions from the facts given.
1. Affidavits from both the electrician (later identified as Lech Triscian) and the landlord (attached as Exhibits C & D, respectively) which outlines what was observed when they entered the premises, specifically;
A. The occupants appeared to include the person who was in the premises when the landlord and the electrician entered, which would violate ...

Question 1

The elements of negligence include the duty of care which involves taking reasonable precaution to reduce harm. Breach of duty indicates that lack of reasonable precaution leads to the breach of the initial duty of care (Miller & Jentz, 2010). Factual causation involves proving that there has been negligence while the last element is the damages payable to the plaintiff.

Question 2

Causation indicates the coexistence of causes and effects of the activity which are required to be proved in a court of law. It is necessary to prove causation as it indicates the relation between of the activity being claimed and its ...

Wal-Mart is one of the biggest conglomerates in the world. With an annual turnover of over $450 billion in the year 2010, Wal-Mart has since become the biggest retailer in the world. Wal-Mart, which is listed as one of the fortune 500 companies, grew from a small retail outlet established in 1962. The expansion of Wal-Mart to become one of the biggest companies in the world has not been without any hurdles. The organization has faced lawsuits and might continue to do so. The recent lawsuit that Wal-Mart faces has been about an alleged discrimination at the workplace. A local ...

886 F.2d 14
28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee
No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

Introduction

Fair play in business practices is essential to the maintenance of a self-sustainable corporate environment. Precisely, all the parties involved in any business activity need to embrace ethical principles while following the legal provisions in any commercial venture. With this in mind, it is worth acknowledging the fact that Kallestad breached the fundamental provisions of an implied warranty by selling substandard products to Peter and Tanya Rothing. According to Murthy and Blischke (2006), an implied warranty is a contract arising from the operation of the law guaranteeing that the goods to be sold are merchantable and are appropriate for ...

Question 1

Sale of Woolen Wall Rug
Sale by Sample
Step 1
The first implied term that emerges from these set of facts regards sale by sample.
Step 2
The premise of this transaction is a clear manifestation of sale by sample as well as description. Section 15 of the Sale of Goods Act 1895 (WA) stipulates that if a contract is entered into on the basis of the sample, first, the bulk or a great number of the goods must correspond with the features of the original sample. Secondly, the buyer must be given an ample opportunity to carry out ...

Citation

Misti Lee SCHNEIDER, Plaintiff-Appellant/Cross-Appellee, v. The CITY OF GRAND JUNCTION POLICE DEPARTMENT, an agency of the City of Grand Junction; Bill Gardner; John Camper; William D. Baker; John A. Zen; Rick Dyer, Defendants-Appellees/Cross-Appellants, and John and Jane Does, 3-10, in their official and individual capacities, Defendants Nos. 12-1086, 12-1115 (US App. June 5, 2013)
Facts
The person, Lee Schneider called 911 in order to have assistance with her son who was making noise and disturbance in the neighborhood. The officer name Coyne responded alongside other officer, and the leading official in this regard notified the mother that ...

Ricci v. DeStefano, 557 U.S. 557 (2009) was a controversial case that was decided by the United States Supreme court. The case concerned racial discrimination practices by New Haven, Connecticut’s fire department. The department had eighteen employees where seventeen were white, while there was only one Hispanic. The company in 2003 had seven openings for captain and eight positions for lieutenant. The department administered civil service examinations to fill the positions. The test consisted of two segments where one was oral and the other was written. The New Haven Department of Human Resources issued and RFP for the exams ...

In the Supreme Court of US two states, Rhode Island and Massachusetts had disputes over boundaries. The latter claimed ownership for more than two decades, but later, the former challenged the ownership in the Court of Law. In 1962, the State of Massachusetts was supposed to own the territory, which stretched three miles along Charles River in the south. One year later, Rhode Island received a grant bounded by the same river, but to the southern line of Massachusetts boundary. Failure to issue an express order of the crown was because no one expected the boundary to lead to disputes ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Harris v. Forklift Systems Inc.

Harris v. Forklift Systems Inc.

Supreme Court of the United States, 1993

510 U.S. 17
FACTS: Plaintiff Teresa Harris was employed as a rental manager with Forklift Systems Inc. She filed a complaint regarding the sexual harassment behavior committed by the company’s President, Charles Hardy. In her complaint, she alleged that Hardy's misconduct made her undergo PTSD-like symptoms. She further alleged in her complaint that she was willing to resign from her job on the condition that Hardy makes a formal apology for his misconduct. For failure to heed to her request and knowing that the sexual harassment behavior will persist, she ...

Southeastern Land Fund, Inc. v. Real Estate World, Inc. 237 Ga. 227 (1976)

The plaintiff (seller) brought an action against the defendant (buyer). The allegations were about a contract of sale of a real estate. The plaintiff action sought to recover the price of $45,000 plus the interests. They also sought to recover their lawyer’s fees upon a promissory note referred in the contract. The defendants appeal to is founded on the basis that the trial judged erroredin grating summary judgment in favor of theplaintiff and denying a summary judgment and a counterclaim from the defendant.

Issues

Whether the contract provisions that the ...

According to the rule of law under contracts, where services are rendered by one person for another and are knowingly and voluntarily accepted, the law presumes that such services are given and received in expectation of being paid for and that they will imply a promise to pay what they are reasonably worth. Similar to this is the Nursing Care Services, Inc. v. Dobos where the defendant asserted that she was not obligated to pay the plaintiff for medical assistance services rendered because she had never asserted to the services. However, contracts implied in law are imposed on the grounds ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee.
No. 89-3576Summary Calendar.

Background Information
The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

Dorothy MAHON; Jennifer Mahon; Patrick Mahon, Plaintiffs-Appellants, v. O.C. SEACRETS, INCORPORATED; Leighton W. Moore, Jr., Defendants-Appellees.
No. 94-1567.

Argued May 2, 1995. Decided Aug. 14, 1995.

Top Four (4) Facts

Fact 1: There were nine painted signs with warning “NO DIVING’ on the rails leading to the upper and lower decks of property. The signs which were running along the rails depicted in exhibits 5A. These were very well visible signs – the most visible of which was the one painted in blue letters of eight inch height. Besides, this particular sign measured five feet in length and was situated two feet from a ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

The media plays a crucial and critical role in influencing people’s perceptions about different aspects of the society. In contemporary societies, the media have become important elements of people day-to-day activities (Bradburn, 2001). Furthermore, the media can influence people’s impressions about an event in many ways. As people use different media forms such as new papers, social media, and Televisions, they develop particular impressions or expectations regarding easy communication and accessible information. Most people rely on the media for information regarding different events across the globe (Bradburn, 2001). As a result, people think negatively about an event ...

The scenario raises issues dealing primarily with consideration and variation of a contractual agreement. The issues arising are primarily two; the validity of variation of terms made between Kitchens for You Ltd (KFY) and Lizzie Tyler and the enforceability of the original agreement arrived at by Kitchens for You Ltd (KFY) and Lizzie Tyler. Firstly, KFY and Lizzie Tyler have a valid contract that is enforceable under which KFY agreed to refurbish the kitchen and seating area, to cope with the increased orders from the café/seating area and the takeaway counter for a total cost of £32,370. ...

Facts

On January 8th 1986, the President of the United States, President Reagan released a directive that froze the account, leading to the non-payment of money to the Libyan Arab foreign bank. Libyan Arab Foreign Bank had two accounts at Bankers Trust Company, which was an American corporation. The demand account was held in New York City while the interest bearing account was opened in London. The contractual agreement stated that all transactions would go through the New York account.

The Procedural

The suit was instituted in London before the Queen’s Bench in 1987. The case was instituted in London because there ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

Summary

The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...

Citation: Toyota Motor Mfg., Ky., Inc. v. Williams, 534 US 184 (2002).
Procedural History
Who is appealing on what issues?
The petitioner to the United States Supreme Court is Toyota Motor Manufacturing, Kentucky. They are appealing a decision by the Court of Appeals of the Sixth Circuit that Williams’ impairments substantially limited her in the major life activity of performing manual tasks, thus meeting the definition of “disabled” under the American Disabilities Act (ADA). In particular, they are asserting that the Court of Appeals applied an improper standard in making that determination.
What happened in the ...