Alter ego is defined as, “Legal doctrine whereby the court finds a corporation lacks a separate identity from an individual or corporate shareholder, resulting in injustice to the corporation’s debtors. Finding alter ego gives the court cause to pierce the corporate veil and hold individual shareholders personally liable for debts of the corporation” (Alter Ego. LII / Legal Information Institute, n.d.). The case of GRUENDL v. OEWEL PARTNERSHIP INC. the overall partnership of the OPL is OPI and not a plaintiff exclusively, a circumstance of which the defendant was mindful. Thomas Paine, Ellman, Burke, Hoffman & Johnson, Timothy F. Perry, San Francisco, for defendants and plaintiffs.
Stephanie remained on ventilator support for six weeks while Fairfax searched for another hospital to transfer her to, but no other hospital would accept her. After the baby was weaned off constant ventilator support, the mother agreed to move the child to a nursing facility, but the baby returned to the hospital many times for respiratory problems. Legal proceedings When baby Keene was admitted to the hospital at six months of age for severe respiratory problems, the hospital filed a legal motion to appoint a guardian for the child 's care and sought a court order that the hospital did not need to provide any services beyond palliative care. At trial, several experts testified that providing ventilator support to an anencephalic infant went beyond the accepted standard of medical care.In
In procuring the release, Entergy failed to comply in at least three respects with the requirements for a release under the Age Discrimination in Employment Act, as set forth in the Older Workers Benefit Protection Act: It did not (1) give Oubre enough time to consider her options, (2) give her seven days to change her mind, or (3) make specific reference to ADEA claims (Twomey, 2013, p. 548). After receiving her last severance payment, Oubre filed a lawsuit against Entergy claiming constructive discharge based on her age which is clearly a fail to comply with the ADEA as well as the state law. The defendant Entergy claimed or argued that since Oubre failed to give back the
In the case of Ibarra v. Thaler, 2011 U.S. Dist. LEXIS 155988 the court where the court finds error in the application of the law the Respondent 's Motion for Summary Judgment is GRANTED. It is further as well addressing evidence rule 405 the order of that Petitioner 's application for federal writ of habeas corpus is DENIED and this case is DISMISSED. It is further as well the ordered that Petitioner 's Motion for Evidentiary Hearing is DENIED. It is further any motions not previously ruled upon by the Court are DENIED.
Charlene says a co-worker Tanya Gould filled out an incident report on the date of the incident because Tanya also had symptoms. Charlene’s first medical treatment was on December 1 with Dr. Ofstead who took her out of work for a “respiratory infection” which was the initial diagnosis. Charlene saw Dr. Ofstead a second time on December 7 when she was continued out of work due to her “asthma condition.” Charlene returned to work on December 14 but she was assigned to another area where they were also working on the ceiling tiles and after an hour and a half Charlene was unable to work. She filed an incident report herself. She notified the Nurse Manager Michelle Gagny that she unable to work due to difficulty breathing.
Noting exactly the name of the physician that is paged and when the page is returned is important to document. If no physician returns calls, then it is time to escalate up to the chain of command. Any EKG strips should be part of that record as well. Avoid the use of abbreviations that The Joint Commission (2016) has required hospitals not to use. I still see nurses and physicians use some of those abbreviations.
Until this time, insurance did not cover contraceptives. They had to be paid for out of pocked, which excluded low-income women and families from engaging in the right to have birth control. Two nurses filed charges with the United States Equal Employment Opportunity Commission, stating that it was unfair to be expected to pay for the materials themselves. The Supreme Court ruled that the lack of contraceptives on employer’s insurance plans violated Title VII and Pregnancy Discrimination Act and would now have to be included in employees’ insurance. [Netter 2001: 104-106].
because of their worker’s negligence. At first, the decision of the court found in favour of Palsgraf but then was appealed by the defendant and it was favour of defendant side. It is because before an action may be considered negligent, a failed duty to the individual complaining must be found, which would have averted or avoided the injury. . Nothing about the situation reasonably suggested that the fall of the package would result in an explosion which would harm those at a distance.
time for which the person is employed; (7) the method of payment, whether by the time or by the job; (8) whether or not the work is a part of the regular business of the employer; (9) whether or not the parties believe they are creating the relation of master and servant; and (10) whether the principal is or is not in business. A master is in many instances liable, under the theory of respondeat superior, for the torts of his servant, but not for those of an independent contractor.” Additionally, the case regarding Westermann versus Bermisa M.D. was a popular case regarding a physician that had seen a patient for a chronic cough and chest pain, which they ran a chest x-ray and gave the patient a prescription for cough medicine to negligent
The big concern of allergic reaction is airway constriction, shortness of breath. PT’s swelling has decreased after one hour so Epinephrine as well as transferring to the hospital for further evaluation and treatment at this point is not needed. However, PT is instructed to follow up with primary healthcare provider or cardiologist for the cause of allergy reaction as well as the evaluation of antihypertensive treatment within the five days. Also, PT is instructed to bring all medications for this appointment. Enalapril is an ACEI that can be used as first-line treatment for hypertension in diabetics and in those with HF.
. I believe the two situations are different because the arbitration clause in the insurance policy, that was sold by Sphere Drake Ins. Co., was well known by Rosalie & Matteo Corporation, the party that bought the policy. In the Brower vs. Gateway case, the arbitration clause was stuck in paperwork, that was stuck in the box that the computer came in. Brower had no idea about the clause until it was time to file the lawsuit.
Together, they pored over clues and testimony. Gilbert says that she would send Reaves leads to follow up, but although he was sympathetic, nothing seemed to come of them. In 2002, a federal district court of appeals denied Willingham’s writ without even a hearing. “Now I start the last leg of my journey,” Willingham wrote to Gilbert. “Got to get things in order.” He appealed to the U.S. Supreme Court, but in December, 2003, he was notified that it had declined to hear his case.
Client continues to report no family support here in the USA. Client is undocumented and have no source of income. CM advises the client to participate in free immigration to secure Amnesty or Legalization that would allow a client to file for legal residence (Green Card). Client continues to report she actively participating in Court mandated Individual Mental Health session at Woodhull Hospital and next upcoming appointments are as follows: Jane Lima Negron SW scheduled for 12/22/2016, Dr. Faisal Chaundhry MD scheduled for 12/29/2016 and Dr. Asano-CIH scheduled for 1/18/2017. Client also reported the following psychotropic medications: Naproxen 250mg (1x daily) and Zoloft 25mg (1x daily).