I. INTRODUCTION
1. This First Amended Complaint contains causes of action for Federal violations of Sections 20 (b) 20 (d) (1) and 22(a) of the Securities Act of 1933 ("Securities Act of 1933 ("Securities Act"), 15 U.S.C. § 77t(b), 77t(d)(1), and 77v(a), and Sections 21(d)(1) 21(d)(3)(A), 21)e), and 27 of the Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. § 78u(d)(1), 78u(d)(3)(A), and 78u(e), and 78aa. The first cause of action pertains to Defendant, Gerard Warrens, individually. 2. The First Amended Complaint also contains a cause of action for violations of A.R.S. § 44-1801(26) which defines "offers to sell" or "offers for sale" pursuant to A.R.S. § 44-1801(15) and sales as defined pursuant to A.R.S. § 44-1801(21) and A.R.S. § 44-1841 requiring registration of any dealer or salesperson from
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11. The First Amended Complaint illustraes with particularity how each of the Defendants ' through the use of subterfuge, false statements, and material misrepresentations made by WARRENS, individually and as the sole shareholder, director, officer and manager of each of the foreign co-defendants, conducted business in the State of Arizona, resulting in damages to Plaintiff, for failure to pay wages, FICA, withholding, unemployment insurance and other benefits due him as an Employee of STEALTH SOFTWARE, L.L.C., and in violation of the Fair Labor Standards Act ("FLSA"), Arizona Labor Law ("AZL") and under federal and state labor regulations. 12. The First Amended Complaint illustrates with particularity, that as a direct result of the policies, practices, customs, material misrepresentations, falsehoods, and fraudulent schemes of Defendants ', Plaintiff HOOPER has been damaged. All of the defendant WARRENS actions and omissions, including but not limited to his non exempt status under federal and state security laws, has damaged HOOPER, individually. 13. At all relevant times, plaintiff, STEVEN HOOPER, was and remains a domiciliary of the State
Comes now the plaintiff, Amy Willingham and pursuant to the Alabama Rules of Civil Procedure, requests the defendant to produce the following documents: 1. Copies of your Federal and State Income Tax Returns for the proceeding five years, together with your W2 Forms for the same period. 2. Copy of a current payroll stub showing your gross pay, net pay and all deductions. 3. All papers, pay statements or written memoranda of every kinda and description reflecting any and all monies received by your from any source whatsoever, including but not limited to income from salaries, wages, commissions, bonuses, divines, severance pay, pension income, interest, trust income, annuities, capital gain, social security benefits, workman
While the plaintiff 's claims that Tyson did not compensate the overtime they worked. However, Tyson asserted that even if there is sufficient evidence to support the damages; plaintiff has failed because plaintiffs did not provide any evidence of the actual damage due to the testimony did not contain references of overtime that had violated the Fair Standards Labor Act (FLSA). Under the provisions of Tyson, workers at the plant worked Storm Lake had worked substantial amount of overtime on a weekly basis and the plaintiffs show uncompensated overtime work by applying the average donning, doffing, and walking times to the employee time-sheets, therefore; evidence is sensitive to the reasonable inference that the jury verdict is
State Of North Carolina Civil Summons AOC-CV-100 State of North Carolina Civil Summons also serves as a subpoena to the defendant to answer the complaint of the plaintiff in the District or Superior Court Division in the General Court of Justice of the North Carolina State. The summons is served under the G.S. 1A-1, Rules 3, 4 provisions of North Carolina General Statutes. Plaintiff can endorse defendants using the spaces provided in this legal instrument. The defendant can respond within thirty days of serving the summons to the plaintiff, his/her attorney, and to the court by submitting the original answer with the Clerk of Superior Court. Mandatory Arbitration may apply to the hearing and the court provided further orders and directives
Section One 1. Cover Page for Slye Karguy: (Sources - Court Structure & Simplified Brief Copy & Week 3, Appellate Brief Assignment) IN THE COURT OF APPEALS OF THE STATE OF GEORGIA No. 00-00001 SLYE KARGUY, Petitioner, v. STATE, Respondent. ON APPEAL TO THE COURT OF APPEALS OF THE STATE OF GEORGIA FROM THE GEORGIA SUPERIOR COURT BRIEF OF PETITIONER Mary Smith Attorney for Slye Karguy 1234 Main Street Atlanta, Georgia 30301 2.
While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation.
The case Florida, Petitioner v. Joelis Jardines questions whether a dog sniff at the front door of a suspected grow house by a trained drug-detection dog is a Fourth Amendment search requiring probable cause (American Bar Association). The canine is being used as the use of surveillance in the investigation. The case begins with an unverified tip that marijuana was being grown in the home of Joelis Jardines on November 3, 2006 (American Bar Association). On December 5, 2006, around 7:00 a.m., the Department and the Drug Enforcement Administration sent a joint surveillance team to his home. Apart of the team is Detective Pedraja, whom watched the house for fifteen minutes.
Plaintiff is a person who brings a case against another in a court of law. In the movie a Civil Action, where 28 children diagnosed with acute lymphocytic leukemia after toxic chemicals were spilled into a nearby municipal wells. Once the families learned about the toxic chemicals they filed a suit against two local companies W.R. Grace & Co. and the Cryovac Plant. In the film, A Civil Action, Ann Anderson, the Canes family, Tombies, Sonas, Robins, and A Fieros are the plaintiffs (1). Jan Schlichtmann took on the eight million dollar case against these two companies, in order, to find some relief for the families.
Scotts extended stay in Illinois a free state gave him legal standing . Scott never made his claim while living in the free state
The business was buying and selling over the counter stock that was not listed on the New York Stock Exchange (NYSE). These were traded over the telephone not with the automated system. The best way to explain the Bernie Madoff situation egoism. First let’s define the word egoism.
1. Tripper’s Best Claims Against Topcat. Topcat has committed fraud and violated fiduciary duties owed to Tripper because he did not disclose that Topcat had a stake in AND1. Furthermore Topcat defrauded Tripper because he forced Tripper, while he was under duress, to sign an endorsement contract that contained highly unfavorable clauses to Tripper, and Topcat not only failed to inform Tripper that he has a right to have another lawyer review the contract, but also, he insisted that he need not sign it and promised Tripper that he can re-negotiate the “must wear” clause later. The agent must act on behalf of the athlete, as his fiduciary, “with respect to matters within the scope of his agency.”
In your grievance filed at Central Unit, you claim you were wrongfully found you guilty of a disciplinary infraction. You are requesting to have a disciplinary ticket (15M611312) dismissed. Your grievance appeal has been reviewed at Central Office and the Deputy Warden's response is affirmed. The time to argue your case is at the administrative hearing since it is the sole responsibility of the D.H.O. (the trier of fact) to weigh the evidence and testimony presented at the hearing and decide its relevancy and credibility to determine whether it is more probably true than not that you committed the violation.
The plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual. The issue is whether the district court correctly granted summary judgment in the favor of the defendant because the shaker table rotation rule at issue was an essential function of the employee’s job.
Federal regulators would now supervise over the counter derivatives transactions under general safety and soundness standards. The Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) had limited authority to assess risks of these derivative transactions. The SEC and CFTC also now administrated a voluntary program where large scale banks and financial institutions dealing in securities and commodities would report, additional information about derivate activities. Information such as, counterparty exposure policies, capital management policies and risk management procedures and controls within institutions. (Sherman,
Assessment 2-Case synthesis: Morgan Stanley 1.Basic empirical facts of the problem Financial industry, the most scrutinized sector owing to the oceans of information involved and dynamic trades conducted, has generated a heated debate regarding ethical and legal issues where loopholes can be utilized by self-interest driven individuals to achieve illicit gain. As a result of the characteristic that large amounts of material and nonpublic information is contained in daily trade, it is not rare that interest-motivated insiders may make use of the access to the formation to conduct insider trading. Insider trading is defined as trading of securities in possession of relevant material, nonpublic information, in breach of fiduciary duty (U.S.
INTRODUCTION Unlawful or unfair gain by deliberate deception is termed in law, as fraud. Fraud is both a civil wrong (i.e., a fraud victim is eligible for monetary compensation and/may sue the perpetrator to avoid the fraud) and a criminal wrong (i.e., the fraud perpetrator can be prosecuted and subsequently imprisoned by governmental authorities). Fraud may have various purposes such as monetary gain or other benefits, like obtaining a driver’s license by way of false statements. [1] Fraud has a common occurrence in the buying or selling of property, including real estate, Personal Property, and intangible property, such as stocks, bonds, and copyrights. Fraud is criminalized by State and Federal Statutes, but not all cases rise to the level