In the Pankratz Implement Company v. Citizens National Bank case. Rodger House purchased a tractor through and implement dealer. He financed it through them the finance company secures the loan with the tractor being used as collateral. During the process the customer’s name was spelled incorrectly on the financing paperwork. The original dealer gave the security and interest of the note over to another creditor Citizens National Bank. The new then creditors filed a financing statement with the Kansas Secretary of State using the correct name of Mr. House. A few years later and still owing on the loan for the tractor Mr. House filed bankruptcy. Pankratz file a law suit for the recovery of the tractor because it was used collateral for the
The regulation states, an employee must be restored to a position that is geographically proximate to their previous position. Furthermore, it is an interference of an employee’s right, to which he or she is entitled under FMLA, by failing to restore him or her to an equivalent position upon return to work. 29 C.F.R. § 825.215. In the case of McFadden v. Seagoville State Bank, the employee’s previous job before taking FMLA leave required a seven mile commute one way, which takes ten minutes to drive.
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.
Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.
The court cited examples when the sons have shown to be the partners, which include, [1] The fax Credit References, which had Mark and Reggie as the partners and Gary as the owner of CWC. Also, the credit application has Gary’s signature on it, which he claims to be done accidentally. [2] The Fax Cover Sheet, which had all their names on it, announcing themselves as the partners to the public. [3] The Epsco Personnel Credit Application, that had the business marked as a partnership among the three members. [4] The checks to Epsco, which were signed by Reggie.
In 2013, the Supreme Court case Moncrieffe v. Holder refuses a Board of Immigration Appeals to removal from the United States of a lawful permanent resident based on a long term criminal conviction related to sole possession of small amounts of marijuana. The case finally made it all the way to the Supreme Court, which is considered a rather technical question of the interpretation of the U.S Immigration laws. Local police departments have long been accused of profiling Hispanic, African-Americans, and other minorities of race in law enforcement activities, including run of the mill traffic stop. Critics fear that immigration enforcement by state and local authorities will lead to increase of racism. Many Americans have shown concerns with the implementation of racist discrimination of the U.S immigration laws by state police agencies and local authorities.
Lucy Morgan enrolled in an online dating service which, she says, promised to set young women up on dates. After using the service for a period of time, Ms. Morgan discovered several of her co-workers and others had actually been sent out on dates with the same men. She continued by stating she discovered some of the men were not only married, but related to the owner. She then concluded by accusing the owner, Mr. Paul Rambin, of fraud and misrepresentation. Mr. Rambin refuted the claims by stating he did not guarantee marriage and he did not process background checks on the members as declared on his website.
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.
Katz v. United States, is a United States Supreme Court case discussing about "right to privacy" and the legal definition of a "search". Charles Katz lived in Los Angeles and in 1960’s he was the leading basketball handicappers in the country. Charles Katz used a public telephone in Los Angeles, California to place illegal gambling bets with gamblers in Miami and Boston. The FBI tapped the specific phone by attaching an electronic listening and recording device to the outside of the public telephone booth used by Mr. Katz and they were able to listen about the Katz illegal bets.
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 Pisciotta v. Old National Bancorp, the Seventh Circuit analogized the harm stemming from a data breach to the “increased risk” theory of harm that some courts utilize in the toxic tort context. In Pisciotta, a hacker improperly accessed the computer system of a financial services provider, exposing the plaintiffs ' personal information but resulting in no realized financial loss or identity theft. In analyzing whether there had been an injury-in-fact, the court analogized the case at hand to environmental exposure tort cases, which granted plaintiffs standing upon demonstration that the act “increase[d] the risk of future harm that the plaintiff would have otherwise faced, absent the defendant 's actions.” The court granted standing
Deals Co. v. Mainland Motors Corp., 40 Mich. Application. 270, 198 N.W.2d 757 (1972) (defendant corporation which allegedly did not honor agreement had burden of raising statute of frauds
Business 140 Take Home Examination Randy and Laura, a newly engaged couple, had taken a trip to the local Warehouse in preparation for a trip they have been both planning. Unfortunately while Laura was searching for the perfect ski jacket, a display of cooking stoves fell from the above sky shelves. Laura is not the first to have been injured, or killed by department store sky shelves. However, not only was she a victim of corporate greed, and there lack of safety, but also a victim of theft. Laura was pictured walking into the Warehouse with a diamond necklace, and a ruby and diamond ring which was never brought back to her possession after the incident.
Signature Student Number Date Table of Content: Introduction 4 The Problem 5 The Court Case: 6 Conclusion 8 References 9 Introduction In the case Nissan Motor Mfg. Corp., U.S.A. v. the United States were two courts playing the role: United States Court of International Trade and United States Court of America where plaintiff and defendant respectively were The Nissan Motor Mfg.
Bias v. Advantage International Upon the completion of Len Bias’s collegiate basketball career at the University of Maryland, Bias on April 7, 1986, reached an agreement with Advantage International who consented to counsel and maintain his affairs. The Advantage representative who was assigned to his case was A. Lee Fentress. The Boston Celtics picked Bias on June 17, 1986, in the first round of the National Basketball Association draft. Then, two days later on the morning of June 19, 1986, unfortunately Bias died of a cocaine overdose.
-- US foreclosed began to rise; Companies such as GM and chrysler faced bankruptcy at this time. Part Four of this documentary talks about Accountability. Who is supposed to be held accountable for