The second trial I attended was a personal injury civil jury trial with Judge Carrier. This was a rather interesting case of Jennifer Wolfe VS D & W LLC. Within this case, Jennifer Wolfe attended a bachelorette party eight years ago with her now sister-in-law, who was the maid of honor. The story started out with everyone meeting at a house and the maid of honor was mad that the designated person to bring alcohol, forgot to bring the alcohol. The alcohol drank at this house was whatever was there, which was a few beers and a box of wine.
Jake Ruksakiati V-220 HW 3 Case one: Graham v. Connor (1989) Case two: Kingsley v. Hendrickson (2015) Graham v. Connor: Facts: Graham is a diabetic and asked one of his friends to take him to a convenience store so he could purchase juice to counteract an insulin reaction he had been experiencing. While in the store Graham noticed that the line to check out was extremely long and decided to leave the store. Graham left the store extremely fast, raising suspicion about his activity to police officer Connor.
They occupied the condominium for a total of 29 days during 1986 and 38 days during 1987, and they rented out the condominium for a total of 48 days during 1986 and 49 days during 1987. They spent 16 of the 29 days in 1986 and 24 of the 38 days in 1987 that they occupied the condominium engaged in work on the condominium. The issue was whether Twoheys used their condominium for personal purposes in excess of 14 days in either 1986 or 1987, and whether the repair expense were a capital expenditures and they should depreciate them rather than deduct them. The court found that Robert J. Twohey and Suzanne R. Twohey did not use the condominium for personal purposes in excess of 14 days in either 1986 or 1987 because according to Sec. 280A(c)(5)
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.
Plaintiff gave birth to Christa on September 9, 2006 at Spartanburg Regional Medical Center in Spartan burg, South Carolina. Plaintiff was given an unsolicited gift bag containing Nestle Good Start Supreme powdered infant formula at which time when they were discharged from the hospital she solely fed the infant the formula from the gift bag. Three days later the infant contracted meningitis resulting in severe brain damage that will prevent her from ever living independently. Plaintiff commenced instant action against Nestle alleging that the formula was tainted with bacteria causing the meningitis. Nestle moved case to federal court and moved to transfer action to District Of South Carolina.
Summary In the article “Actress from law firm ad files $1 million for breach of contract lawsuit," the author, Barbara Ross, Ginger Adams Otis, explains why actress Elena Aroaz. Believed that her contract which was for her to appear in a 30 second commercial only in local areas for a period of 1 year. Aroaz filed the breach of contract lawsuit saying “After the spoof ad became a sensation — even getting a mention in the New York Times — the producer licensed it and the rights to Aroaz’s image to several other law firms around the country without her knowledge, she says in court papers.” According to this article it seems that her claim would fall into a breach of contract.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976) Topic: Authority of the United States Supreme Court to question the lawfulness of the Virginia State Board of Pharmacy statute under the First and Fourteenth Amendments. Relevant Facts: Consumers of prescription drugs brought suit against the Virginia State Board of Pharmacy (Appellant) challenging a Virginia statute that prohibited every licensed pharmacist to advertise prescription drug prices. According to Va. Code Ann. 54-524.35 (1974) statute, a licensed pharmacist in Virginia was guilty of unprofessional conduct if he “publishes, advertises or promotes directly or indirectly, in any manner whatsoever, any amount, price, fee, premium discount, rebate or credit terms…for any drugs which may be dispensed only by prescription.”
Schlichtmann got them settlement money after all their expenses and other things were taken out, but she said that “It is not about money.” From the very beginning she said that she just wants the people that are responsible for their children’s deaths to apologize to them and not to do what they are doing. It was never about the money to begin with. When lawyers see big cases like these they think that the case screams “money” in this case it was. There were many chances were as they could of have gotten big settlement money, but as the movie went on Schlichtmann wanted more for the families.
The Supreme Court Case One, Inc. v. Olesen of 1958 was one of the first ever court cases to explicitly be about the topic of homosexuality. The court case centered around the homophile magazine entitled One, which was written and organized by members of the Mattachine Society to bring (gay) people together and talk about political issues in the LGBTQ community. When copies of the magazine were sent to their prospective readers, the postmaster of Los Angeles seized the copies because they were considered obscene. Obviously, the staff at One were irate, because it was a clear violation of their right to free speech. Also, people had paid for the magazine and were expecting to receive it, so why did the post office not deliver it?
The U.S Supreme Court reversed the state court decision on Dartmouth College V. Woodward case in 1819 regarding a violation of the contract clause. The college trustees claimed the state of New Hampshire passed legislative acts which favored Republicans giving them control over the college, ultimately turning Dartmouth College into a public institution. The college trustees argued this was a violation of the original contract created by King George III the founder of Dartmouth College. According to Mason and Stephenson, Jr (2012), “The U. S Supreme Court questioned; (1) Is this contract protected by the constitution of the United States? (2) Is it impaired by the acts under which the defendants hold?” pp.321.
[A] Janet had a promotional flyer the Stoynoffs had distributed which invited customers to stop and browse. Under the view in Parks , an invitee is anyone entering the premises for the purpose of conducting business there, whether the invitation was express or implied. Parks, 2011 WL 6338911, at *2. Because Janet was holding the flier in her hand, which would be an implied invitation, she would likely be considered an invitee. Janet had the purpose of coming to the Stoynoff’s store based on the wording of the flyer, which suggested that the reader of the flyer stop by and enjoy the atmosphere.
The landmark case Plyer v Doe 1982 is part of a series of subsequent case laws of the legal history of Bilingual Education. In 1975 Tyler, Texas legislation mandated that all public schools statewide charged undocumented and immigrant children tuition. Texas school district had an annual tuition of $1,000 deterred about 16,000 students total according to the Texas Observer article. (Olivas,2010). The Mexican American Legal Defense and Educational Fund (MALDEF) filed a case against Tyler school district and in 1978 a U.S. judge found that Tyler school district policy to be unconstitutional.
New York Times Co. v. Sullivan (1964) In New York Times Co. v. Sullivan (1964), Justice Brennan, speaking on behalf of the majority, discusses the constitutional protections for speech and press. He discusses the restriction placed on a state’s authority to grant damages in a libel action initiated by a public official against critics of their official conduct. The majority opinion rightly concludes that The New York Times did not damage Sullivan’s reputation, because the statement was not made with “actual malice”. Historical Background To better understand the significance of the ruling, it is essential to examine the key events preceding The New York Times advertisement.
The state constructs what it means to be a human in the 1930’s using opinions and court decisions effect how we understand a person is addressed in the law. Relationship inside and outside the law. Laws deemed black were treated poorly due to the natural order of things when it came to Jim Crow laws. This has been going on since the Comstock laws if the 1800’s Victorian era. 14th amendment offers equal protection under the law or keep employers from making money of employees over working themselves if they consent to be over worked.
A Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s
