In the court case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, the Employee Retirement Income Security Act of 1974 was used to determine if an employee wrongfully received funds from a third party after receiving funds from the National Elevator Industry Health Benefits plan. In the court case, the petitioner Robert Montanile was driving when he was struck by a drunk driver resulting in Mr. Montanile be severely injured. The health benefit plan paid upwards in of $121,000 in medical expenses for Mr. Montanile. In order to receive such funds, Mr. Montanile was required to sign a reimbursement agreement reaffirming his obligation to reimburse the plan from any recovery he obtained "as a result of any legal action or settlement or otherwise. After exiting the hospital Mr. Monanile sought legal action against the drunk
Introduction The Clarkson v. Orkin Exterminating Co. Inc. case took place in the year 1985. Mrs. Clarkson sued Orkin Exterminating Co. Inc. for three distinct charges. Orkin had a contract with both the previous owner of which Mrs. Clarkson inherited after purchasing the house. The agreement stated that Orkin Exterminating Company was to be paid a certain amount of money to handle exterminating practices in this case; spraying of termites.
• Case Name, Citation, Year Mullins v. Parkview Hospital, Inc. 865 N.E.2d 608 (2007). • Facts of the Case 1. Ruth Mullins enters Parkview Hospital for a hysterectomy 2. Parkview Hospital is located in Fort Wayne, Indiana. 3. Parkview Hospital is a teaching Hospital.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Korematsu v. United States After the United States entered World War II, President Franklin D. Roosevelt issued Executive Order 9066. Fred Korematsu was a natural born citizen to Japanese immigrant parents. Korematsu refused to obey the curfew and was charged and convicted of violating order 9066. He appealed this conviction and the Supreme Court took his case.
Luigi Vittatoe Dr. George Ackerman ELA2603 Administrative and Personnel Law December 2, 2015 Week 6 Case Study: R. Williams Construction Co. v. OSHRC 1. What were the legal issues in this case? What did the court decide? R. Williams Construction Company petitions for review of a final order of the OSHRC for violations of the OSHA Act.
In the case of Missouri vs. Seibert lies many liable facts within the case. Some of the relevant facts is that a woman named Patrice Seibert along with accomplices which includes her son and his friends, sets their mobile home on fire with the dead body of her 12-year-old son along with a mentally ill 17-year-old Donald Rector whom was living in the household, and days after the fire, Seibert was interrogated by a police officer. The officer initially withheld her Miranda warnings, hoping to get a confession from her first. Once she had confessed, the officer took a short break from questioning, then preceded to read her, her Miranda rights and resumed questioning after she waived those rights. The officer swayed her to reiterate the confession
Title of Case: Lau v. Nichols: 414 US 563 (1974) Plaintiff: Kinney Kinmon Lau Defendant: Alan Nichols, San Francisco Unified School District Setting: San Francisco, CA Major Issues Raised/ What is the case about? This case examines the responsibility that a school district has to establish a program that deals with the various language issues of non-English speaking students.
In the aftermath of the bombing of Pearl Harbor in December 1941, President Franklin D. Roosevelt issued Executive Order 9066 on February 19, 1942. The order was a “protection against espionage and against sabotage to national defense material, national defense premises, and national defense utilities.” The order also allowed for military commanders to define military areas at their discretion. Congress also passed a law in conjunction with the order to penalize anyone who violated the imposed restrictions.
Marina Vinnichenko Term Paper: Court Case Gong Lum v. Rice Gong Lum v. Rice (1927) stands out as the case within which the U.S. Supreme Court explicitly extended the pernicious doctrine of “separate but equal”. In this case the issue was whether the state of Mississippi was required to provide a Chinese citizen equal protection of the law under the Fourteenth Amendment when he was taxed to pay for public education but was forced to send his daughter to a school for children of color. Mаrtha Lum, the child of the plаintiff of the case, was a citizen of the United States аnd a child of immigrants from China. She enrolled in and аttended the local public consolidated high school at the age of 9, but was told midway through her first day that
Coca-Cola Co. v. Koke Co. of America, 254 U.S. 143 (1920) U.S. Sup. Ct. Facts: 1886 marked the invention of a caramel-colored soft drink created by John Pemberton. Coca-Cola got its name after two main ingredients, coca leaves and kola nuts. The Coca-Cola Company is suing Koke Company of America from using the word Koke on their products. They believe Koke Company of America is violating trademark infringement and is unfairly making and selling a beverage for which a trademark Coke has used.
Incorporation Doctrine and McDonald v. Chicago The McDonald v. Chicago case was a crucial decision by the Supreme Court regarding the 2nd Amendment and state law. This case is interesting for a couple of reasons in my opinion. Firstly, the case revolves around legislation of the 2nd Amendment which is a right held dear to myself and many other Americans. Secondly, the case gives an example of the incorporation doctrine being fully applied.
Case Gone Wrong: Anthony vs State of Florida Case No. 5D11-2357 If ever there was a botched case it was this one with inconsistencies on the part of the State being overwhelming. I watched this trial intently and read everything available.
In the King v. Burwell case, the challengers had a point. Subsidies should be decided by the each state. But, in my opinion, I think the government will always be right. I believe the subsidies for health insurance was an act of kindness, and even though it is costly, it is helping out our country a lot.
Real Estate Litigation Definition Disputing over real estate related issues with the intention of resolving the matter in court is real estate litigation. Issues surrounding real estate issues range from contract issues to policy quarrels to law violations, and all are resolved through real estate litigation. Compensation mostly ends with a cash/asset settlement or a cash/asset judgment. Real Estate Litigation Issues