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
Failure to state a claim upon which relief can be granted: Motion 12(b)(6). The first motion my office can file on your behalf is Failure to state a claim upon which relief can be granted in accordance to federal rules of civil procedure 12(b)(6). Upon reading the complaint, it was brought to my attention that the complaint lacked prima facie facts of the accident such as in what way
Making decisions as a judge and as a jury can be difficult. Kuehn v. Pub Zone and Soldano v. O’Daniels both involve attacks in a bar, yet the cases are very different. In Kuehn v. Pub Zone, a gang that frequented the Pub Zone assaulted Kuehn, the plaintiff. The defendant, Kerkoulas, knew of the danger posed by the gangs, Pagans, and banned the use of “colors.” The Pub Zone failed to enforce their ban at the time of the attack.
R. Civ. P. 215.1(d) and 215.2(b)(8), (4) notify Defendant that a failure to comply with the Court’s order will result in an entry of a default judgment in the Hospital’s favor on all of its claims, and (5) grant such other further relief, both at law and in equity, to which the Hospital may show itself justly
Ms. Rios employs kids from the local university to work in the store and often has trouble finding good employees. In order to keep costs low, Ms. Rios’ insurance policy has a high premium of $200,000, so any settlement would come out of her pocket. Karen Logan is a student at the local university where she was a member of the basketball team on an annual scholarship of $15,000.
May it please the court that the State of Louisiana violated the first and sixth amendments on the grounds of the Zeitoun vs State of Louisiana case. Zeitoun believes he was unlawfully discriminated against due to his race and religion, and imprisoned without a proper trial, kept in cruel and unusual circumstances, and his dietary restrictions were not met. Is it not stated in the first amendment that congress will make no law respecting the establishment, or prohibit the free exercise of a religion? If this is not in the amendment please correct me but I believe it is, and the government forces who put Mr. Zeitoun through much trouble and arrested him are in the wrong. Mr. Zeitoun says that he was mocked when he prayed and they said he was
Steve Shoultz and Russell Button Reptiled this case from top to bottom. Despite stipulated liability, minor car damage, lapses in treatment, inaccurate medical records, and a difficult witness prep; Steve and Russell were able to use the Reptile to convey the hypocrisy and betrayal their client suffered at the hands of their own insurance company. We found out halfway into the article that Steve and Russell decided to forgo $40,000 of the client’s past medical bills. This is in a case where the Plaintiff’s son who was in the strike zone of the impact walked away unscathed. The client walked away unscathed, but for anxiety and pain and suffering.
In the matter of Gagnon v. Scarpelli (USSC, 1973), Gerald Scarpelli was originally convicted of armed robbery for an incident that occurred in Wisconsin in 1963. In 1965, Scarpelli was sentenced to 15 years imprisonment in the State of Wisconsin (Gagnon v. Scarpelli, n.d.). After serving a brief incarceration, Scarpelli had his sentence reduced to seven years probation, was released from prison, and later moved to Illinois with the permission of the Wisconsin Department of Corrections. After becoming a resident of Illinois, Scarpelli was then supervised by the Adult Probation Department of Illinois. Shortly after, Scarpelli was subsequently caught committing the act of burglary in the State of Illinois.
In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege that mike reacted in a negligent matter in his complaint. As people it is our duty to act reasonably. A reasonable person would not have picked up Julian after witnessing him take a kick to the head. A reasonable person should not move a person who has received a kick to the head.
The ruling made by Chief Justice John Marshall in the1803 court case Marbury v. Madison was consider significance because it established the power of the judicial branch with the principle that the Supreme Court may declare an act of Congress void if it is considered inconsistent with the United States Constitution. This means that the court has the power to decide which laws are considered constitutional in what is referred to as judicial review. Judicial review in the courts, states that the judicial branch can review laws created by the legislative branch and establish if they are constitutional or not. The separation of power provided a type of check and balance to insure that no one branch in the government hold all the power and that
In Mangan v. Mangan, John V. Mangan (Father) filed numerous petitions/motions regarding the failure of Deborah J. Mangan (Mother) to provide access for Father’s court appointed parenting time. After a petition for post-decree mediation (which failed to resolve the issue due to Mother’s refusal to adhere to informal agreement reached), a petition to enforce parenting time, evidentiary hearings (for which Mother most often did not appear), enforcement hearings (again, for which Mother most often did not appear), multiple findings of contempt (on the part of Mother), a petition to modify parenting time, custody and child support, and a motion filed to take possession of the children by force….Mother appeared telephonically for a return hearing on April 8, 2010. Temporary orders were
Schools would not function efficiently if there was not a school law to abide by. There are many different laws a teacher needs to know. Teachers are expected to do everything they are told or they will be fired due to failure of adhering to statutory requirements. Although there were profuse ideas mentioned during Dr. Jones’ presentation, here are the ten big ideas teachers are expected to know that I reflected were the most important.
In the case of Lemon v. Kurtzman, 403 U.S. 602 (1971) the Supreme Court determined that “government violates the Establishment Clause if: it does not have a secular purpose; its primary or principal effect advances or inhibits religion, meaning that regardless of its purpose, the action cannot symbolically endorse or disapprove of religion; or it fosters an excessive entanglement of government with religion.” As school administrator, I would first clarify what the teacher felt the value of including verses in the instruction were. I would tell the teacher I would want to hear her/his side of the story before reporting to the parent. I would ask the following questions: Does the activity or lesson have a secular (non-religious) purpose?
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
Remington being minor, Mr. Moren filed a complaint against Jax Restaurant, who in turn filed a third-party complaint on Nicole for paying the compensation to Remington for injuries caused due to her negligent actions. Issue: The issue here is whether the restaurant has a right to collect the compensation from the partner, Nicole Moren. Rule:
