To: Professor Brian Butcher Esq. From: Jessica Grimes Subject: Case 4 Date: 04/30/2017 Business Brief With Dietz v. Finlay Fine Jewelry case we see Dietz was working with a customer and became confused with the transaction. Dietz employee gave the irate customer an unauthorized ten percent discount for their troubles (Walsh, 2013). This transaction was soon brought to the attention of the head of security of Finlay Fine Jewelry, Dietz was asked to go to an interview with some other associates (Walsh, 2013). Legal Issues with the Case /Basis of the Claim With Dietz v. Finlay Fine Jewelry, I see many issues with this case. The plaintiff Melissa Dietz presented many claims to the court. 1. Dietz’s false imprisonment claim was not properly dismissed because Finlay Fine Jewelry had proof that she gave the unauthorized discount. 2. Dietz could go to trial on her emotional distress claim because she was very upset by the Bake’s questioning of her. 3. Dietz could go to trial on her defamation claim because false, damaging accusations were made in the presence of others. 4. Dietz could go to trial on her malicious prosecution claim because the Finlay Fine Jewelry pressed criminal charges against her. …show more content…
However, Dietz had filed an emotional stress and privacy tort claim which were eventually rejected. Base on the information given we see that Dietz was intimidated by the Bake the store’s security managers behavior also his conduct was not professional at all as well however the court decided that it was not enough to inflict real and long-lasting emotional distress (Kline, 2001). Some of the other legal issues, in this case, include the question on whether the decision by the court to disapprove Dietz' claims against Finlay for lack of substance and how much the court maintained favoring Finlay (Walsh,
Eventually, Skinner decides to ask the jury three questions that will determine the outcome of the trial. It has been ultimately decided that Beatrice Foods is not guilty. On the other hand, Jan is forced to take 8 million dollars from Grace, which barely covers for the expenses Jan and his team had sacrificed for the trial. In the end, it is evident that the money the affected families were reimbursed with was largely due to the differing natures of lawyers and judges that took part in the
P alleges excessive force and false arrest. P alleges that she was in her kitchen when MOS broke her front door and entered the apartment and pushed her against the wall. P alleges that MOS handcuffed her and Noel Tartlaon, Noel Tartlaon, Jr. and Farrow Wright (non-parties). Defendant MOS Jose Peinan states that MOS were executing a search warrant obtain after confidential informant bought drugs form Jumaane, (non-party). MOS Peinan states that Jumane was arrested in the lobby and narcotics were recovered from him.
She states that Abina was sold on Monday, on Tuesday her husband made his purchases and then he left on Wednesday, also Abina did not carry any of those goods. On the other hand, Abina stats that she carried the goods, and then she was sold. There testimonies contradict, but on small
This Bill was attested by Carden and Dr Conway, whom testified that they were made to sign the papers without knowing its contents. Procedural History This Case was first heard at a Lower Tennessee Court where Judge (Chancellor Seth J. W. Luckey) dismissed the Bill of Sale. Issues 1. Whether Tally’s normal mental health was grounds to reverse the lower court’s decision to nullify the Bill of Sale.
Lisa Hetherington LGST 495 7980 Professor Hansen 17 April 2016 Project 3: Response to Action Introduction This case was brought by the plaintiff, Mr. Jim Jones, who alleges that the Defendants, Grab-n-Go, Inc. (“the store”) and by proxy, its owner, Mr. John Smith, did negligently leave some amount of coffee creamer on the floor near the coffee bar, which he stepped on, slipped and fell, but for causing the injuries he sustained that day. The defendants, through their attorneys, move to DISMISS the counts brought against them pursuant to Md. Rules 2-322(b)(2), Failure to State a Claim. The plaintiff, Mr. Jones, alleges one cause of action: Negligence (Count I), Maintaining Negligent Conditions. He stated in his claim that the store employees failed to clean up a mess of coffee creamer, which was part of their duty of care to him as an invitee on the premises, and upon which he slipped.
When asked the question, “Are you aware that alcohol is a factor in many cases of violence,” he states, “Yes, but that’s not my fault.” Lou Dempsey also failed the experiment of conducting compliance checks. In Jerry Newman’s affidavit, he said that their crew sent in decoys into Mr. Dempsey’s store to examine whether or not he checked for identification for being under the age of 21. These checks are sent out each month and Lou Dempsey’s store failed two of the tests. When this happens the police staff suggests a beverage server training for the owner.
1. i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii.
Jessica Kemper is seeking summary judgment in her favor on her claim that the Toledo Mud Hens acted negligently in violation of Ohio Revised Code 4399.18, The Ohio Dram Shop Act. II. FACTS On September 10, 2015 the Plaintiff, Jessica Kemper, attended a Toledo Mud Hens game at Fifth Third Field with her two children, 10 year-old Jackson and 7 year-old Jillian (Kemper Dep. 3:3.) Jessica Kemper and her children were seated in section 110 (Kemper Dep.
(Evidence that supports point from documentary) The young man had endured this tormenting too long, and it was time to really fight back. With the help of his family and new friends, Nabozny brought the condition to court to take a final stand against the bullies, bystanders, and every adult that did nothing to support him. (Elaboration of Point and Evidence) At first, the case was dismissed right away, because it seemed ridiculous to the judge.
They settled the issue with a financial settlement there was never a proper case. The agreement of the financial settlement was 350,000
In the article, it stated, “Following nine days of testimony, the jury found Lorena Bobbitt not guilty by reason of temporary insanity” (Pershing 2). This is a prime example of unjust in the criminal court
In the case study, Bob’s Meltdown, Jay Nguyen, CEO Concord Machines, has to handle a case of psychological harassment resulting due to work related stress; the main accused being his best manager, Bob Dunn. Jay needs to find a suitable solution as soon as he can to avoid being sued by Annette. Jay’s dilemma is that on one hand he cannot let Bob go as he is his best manager and only his department is earning all the profits for the company and on the other hand Annette has made it clear that if Bob stays, she’ll leave.
Throughout the court case Mr Reynolds was asked quite a lot of questions and he replied to most of it with ease providing resources and proof to back his argument. Test applied: Firstly MR. REYNOLDS described to the judges all the laws that Polish Club limited breached.
Date: June 24th, 2011 Re: Mrs. Hatter vs. Foods Deluxe DISCOVERY The plaintiff, Mrs. Hatter, by and through her counsel, Bruce Wayne, and pursuant to rule 34 requests defendant Foods Deluxe, respond to the following interrogatories, requests for admission, and requests for documents. I. Interrogatories 1. State the name of the person or persons answering these interrogatories. 2.
The caregivers lacked commitment, compassion, conscientiousness, fairness and honesty, and if they had taken their jobs seriously probably Tomcik wouldn’t have suffered as much. Trial began on July 22, 1991 and the decision was made on October 7, 1991. Tomcik’s total damage came out to be $85,000 according to the text. The defendants were proven wrong and they were charged. The court did the right thing, but I think a stricter action should have been taken against the defendants.