ipl-logo

First Amended Complaint Case Study

917 Words4 Pages

I. INTRODUCTION

1. This First Amended Complaint contains causes of action for Federal violations of Sections 20 (b) 20 (d) (1) and 22(a) of the Securities Act of 1933 ("Securities Act of 1933 ("Securities Act"), 15 U.S.C. § 77t(b), 77t(d)(1), and 77v(a), and Sections 21(d)(1) 21(d)(3)(A), 21)e), and 27 of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78u(d)(1), 78u(d)(3)(A), and 78u(e), and 78aa. The first cause of action pertains to Defendant, Gerard Warrens, individually. 2. The First Amended Complaint also contains a cause of action for violations of A.R.S. § 44-1801(26) which defines "offers to sell" or "offers for sale" pursuant to A.R.S. § 44-1801(15) and sales as defined pursuant to A.R.S. § 44-1801(21) and A.R.S. § 44-1841 requiring registration of any dealer or salesperson from …show more content…

11. The First Amended Complaint illustraes with particularity how each of the Defendants ' through the use of subterfuge, false statements, and material misrepresentations made by WARRENS, individually and as the sole shareholder, director, officer and manager of each of the foreign co-defendants, conducted business in the State of Arizona, resulting in damages to Plaintiff, for failure to pay wages, FICA, withholding, unemployment insurance and other benefits due him as an Employee of STEALTH SOFTWARE, L.L.C., and in violation of the Fair Labor Standards Act ("FLSA"), Arizona Labor Law ("AZL") and under federal and state labor regulations. 12. The First Amended Complaint illustrates with particularity, that as a direct result of the policies, practices, customs, material misrepresentations, falsehoods, and fraudulent schemes of Defendants ', Plaintiff HOOPER has been damaged. All of the defendant WARRENS actions and omissions, including but not limited to his non exempt status under federal and state security laws, has damaged HOOPER, individually. 13. At all relevant times, plaintiff, STEVEN HOOPER, was and remains a domiciliary of the State

Show More
Related
776 Words | 4 Pages

3. How did the case get to the court? Discuss the procedural history of the case The case was brought to court by a woman name Martha

Read More
1045 Words | 5 Pages

The plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual. The issue is whether the district court correctly granted summary judgment in the favor of the defendant because the shaker table rotation rule at issue was an essential function of the employee’s job.

Read More
955 Words | 4 Pages

While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation.

Read More
770 Words | 4 Pages

Shadrack Babwiriza Case Brief Writing Assignment Martin. J Littlefield Criminal Law 10/27/15 Buffalo State College I. Dennys Rodrigues, Petitioner v. United States II. 135 S. Ct. 1609; 191 L. Ed. 2d 492 III.

Read More
1293 Words | 6 Pages

1. Tripper’s Best Claims Against Topcat. Topcat has committed fraud and violated fiduciary duties owed to Tripper because he did not disclose that Topcat had a stake in AND1. Furthermore Topcat defrauded Tripper because he forced Tripper, while he was under duress, to sign an endorsement contract that contained highly unfavorable clauses to Tripper, and Topcat not only failed to inform Tripper that he has a right to have another lawyer review the contract, but also, he insisted that he need not sign it and promised Tripper that he can re-negotiate the “must wear” clause later. The agent must act on behalf of the athlete, as his fiduciary, “with respect to matters within the scope of his agency.”

Read More
963 Words | 4 Pages

, 340-354. Retrieved from http://ir.law.fsu.edu/lr/vol2/iss2/5 Gagnon, Warden v. Scarpelli. (n.d.). Retrieved May 18, 2017, from http://supreme-court-cases.insidegov.com/l/3568/Gagnon-Warden-v-Scarpelli John R. GAGNON, Warden, Petitioner, v. Gerald H. SCARPELLI.

Read More
116 Words | 1 Pages

While the plaintiff 's claims that Tyson did not compensate the overtime they worked. However, Tyson asserted that even if there is sufficient evidence to support the damages; plaintiff has failed because plaintiffs did not provide any evidence of the actual damage due to the testimony did not contain references of overtime that had violated the Fair Standards Labor Act (FLSA). Under the provisions of Tyson, workers at the plant worked Storm Lake had worked substantial amount of overtime on a weekly basis and the plaintiffs show uncompensated overtime work by applying the average donning, doffing, and walking times to the employee time-sheets, therefore; evidence is sensitive to the reasonable inference that the jury verdict is

Read More
155 Words | 1 Pages

Comes now the plaintiff, Amy Willingham and pursuant to the Alabama Rules of Civil Procedure, requests the defendant to produce the following documents: 1. Copies of your Federal and State Income Tax Returns for the proceeding five years, together with your W2 Forms for the same period. 2. Copy of a current payroll stub showing your gross pay, net pay and all deductions. 3. All papers, pay statements or written memoranda of every kinda and description reflecting any and all monies received by your from any source whatsoever, including but not limited to income from salaries, wages, commissions, bonuses, divines, severance pay, pension income, interest, trust income, annuities, capital gain, social security benefits, workman

Read More
700 Words | 3 Pages

Accordingly, Appellants cause of action for

Read More
537 Words | 3 Pages

State Of North Carolina Civil Summons AOC-CV-100 State of North Carolina Civil Summons also serves as a subpoena to the defendant to answer the complaint of the plaintiff in the District or Superior Court Division in the General Court of Justice of the North Carolina State. The summons is served under the G.S. 1A-1, Rules 3, 4 provisions of North Carolina General Statutes. Plaintiff can endorse defendants using the spaces provided in this legal instrument. The defendant can respond within thirty days of serving the summons to the plaintiff, his/her attorney, and to the court by submitting the original answer with the Clerk of Superior Court. Mandatory Arbitration may apply to the hearing and the court provided further orders and directives

Read More
689 Words | 3 Pages

Section One 1. Cover Page for Slye Karguy: (Sources - Court Structure & Simplified Brief Copy & Week 3, Appellate Brief Assignment) IN THE COURT OF APPEALS OF THE STATE OF GEORGIA No. 00-00001 SLYE KARGUY, Petitioner, v. STATE, Respondent. ON APPEAL TO THE COURT OF APPEALS OF THE STATE OF GEORGIA FROM THE GEORGIA SUPERIOR COURT BRIEF OF PETITIONER Mary Smith Attorney for Slye Karguy 1234 Main Street Atlanta, Georgia 30301 2.

Read More
243 Words | 1 Pages

Plaintiff is a person who brings a case against another in a court of law. In the movie a Civil Action, where 28 children diagnosed with acute lymphocytic leukemia after toxic chemicals were spilled into a nearby municipal wells. Once the families learned about the toxic chemicals they filed a suit against two local companies W.R. Grace & Co. and the Cryovac Plant. In the film, A Civil Action, Ann Anderson, the Canes family, Tombies, Sonas, Robins, and A Fieros are the plaintiffs (1). Jan Schlichtmann took on the eight million dollar case against these two companies, in order, to find some relief for the families.

Read More
265 Words | 2 Pages

Scotts extended stay in Illinois a free state gave him legal standing . Scott never made his claim while living in the free state

Read More
304 Words | 2 Pages

The business was buying and selling over the counter stock that was not listed on the New York Stock Exchange (NYSE). These were traded over the telephone not with the automated system. The best way to explain the Bernie Madoff situation egoism. First let’s define the word egoism.

Read More
965 Words | 4 Pages

Thank you for taking the time to read and consider my letter of appeal. As you may know, I have been notified that my employment with Housing and Residence Life will end effective immediately. I was told that the reason for this decision was poor performance due to violation of the key policy. I believe that a mistake has been made in my case.

Read More

More about First Amended Complaint Case Study

Related Topics

Open Document