Civil procedure Essays

Citation: Bob Timberlake Collection, Inc. v. Edwards, 176 N.C. App. 33, 626 S.E.2d 315 (2006). Procedural History: Bob Timberlake Collection Incorporated filed a complaint against Mr. Marshall Edwards alleging breach of stock purchase agreement, default of promissory note, and misrepresentation. Mr. Edward’s filed a counterclaim that consisted of claims for fraud, negligent misrepresentation, securities fraud, unfair and deceptive trade practices, breach of the stock purchase agreement and breach

Carolina Rules of Civil Procedure give the Court broad discretion to enter orders governing the timing and sequence of discovery. Wachovia Bank v. Clean River Corp., 178 N.C. App. 528, 531 (N.C. Ct. App. 2006). Upon a showing of good cause, the Court may enter an order staying discovery to protect a party from unreasonable annoyance, embarrassment,

Defendant Highland Threads, Inc. files its No-Evidence Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc. I. DEFENDANT HIGHLAND

Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed. This case was decided on June 15, 2017

what is going to happen in court beforehand, role playing, or even offering suggestions, such as focusing on a trusted adult when testifying. The nature of the judicial process will have an impact in that it was originally designed to allow legal procedures to be fair for all. The way this is done for minors is through juvenile court. Although primarily thought of as an alternative for minors who have committed crimes, juvenile court also hears cases of those whose parents unable or unwilling to care

This paper is a review over A Civil Action. A Civil Action is a non-fictional retelling of the events that took place in Woburn, Massachusetts in the 1980s. The book follows Jan Schlichtmann, a lawyer who is recruited by a mother from the Woburn community whose child was diagnosed with leukemia, to handle their case. At first, Schlichtmann does not take the case but eventually decides to represent the Woburn citizens against two companies, Beatrice Foods and W.R. Grace, who were accused of contaminating

I believe the common conception amongst citizens everywhere is that people file a lawsuit and end up with a wad of cash in their laps a few months later. This book does reinforce the fact that people who file lawsuits leave with a large pile of cash, however it does not reinforce that it happens quickly. In the case against Eveleth Taconite, the women involved did end up with a large sum of money, but by no means was it in their laps a few months later, or even a few years later. The overall process

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

I, William Weller, in consideration of my receipt of the sum of $5,800.00 paid to me by Joshua A. Halpern, M.D., P.A., a Florida corporation (“Halpern”), in the form of a credit to my American Express Card No. _________________________, have duly executed this Release Agreement (this “Agreement”) voluntarily and without any constraints. I hereby remise, release, acquit, satisfy and forever discharge Halpern and its employees, owners, contractors, directors, officers, agents, and representatives (collectively

In the Case of Graham V. Conner, Graham was an extreme diabetic. HE was starting to feel some of the onset of his insulin shot so he called one of his friends named Berry and asked him for a ride to the nearest convenience store. Graham was hoping to just go in and buy some orange juice. He has believed that some of the sugar in the orange juice would help balance his sugar levels. After Graham and his friend Berry had arrived at the convenience store, Graham had gotten out of the car and “hastily”

This case was granted by the Supreme Court on Nov 21, 2022 and involves the petitioner, Jack Daniel's Properties, suing the respondent, VIP Products LLC, regarding trademark infringement. The facts of the case involves VIP Products LLC, a manufacturer of dog toys, recreating a Jack Daniel's bottle of whiskey as a dog toy called “Bad Spaniels”. The toy also contains many jokes referencing the original bottle that are of a scatalogical nature (“Jack Daniel's Properties v. VIP Products LLC”). Jack Daniel's

Any proceeding or suit brought by one or more members of a large group on behalf of the other members of the group. It permits one or more person to sue or to be sued as a representative of a large group. Class action wasn’t practiced as much before. It had few advantages and concerns as well. Class action members would receive very little or no benefits from the case. Paying a large number of fees is not suitable when you’re receiving little compensation. With the change in certain rules, class

ultimately stopped the shootings of the plaintiffs. The duty of the proprietor was not to protect their customers but to foresee that unruly conduct that may result in injury could occur on the premises. The High Court of Australia referred to the Civil Liability Act 2002 (NSW) as well as the Liquor Act 1982 (NSW). It was concluded that the evidence at the previous trial lacked the proof that security personnel would have stopped the re-entry of the determined gunman who was acting

Kimble v. Marvel Entertainment, LLC, case number: No. 13-720., was a case about the essential to pay royalties to the inventor of the Spider-Man toy when the patent had expired. The Court declined to revoke its 1964 decision in Brulotte v. Thys Co., holding that the owner of patent cannot charge royalties for the use of his invention after its patent has expired. In year 1990, Stephen Kimble invented and patented a toy that allowed kids to shoot webs from pressurized foam string and the toy is

Written Assignment ________________________________________ Research the case of Stella Liebeck, an elderly grandmother who received third-degree burns when she spilled coffee purchased at a McDonald’s drive-through. What was the basis of her claim against McDonald's? Was the alleged tort intentional, negligent, or strict liability? Why did Ms. Liebeck's lawyers believe that McDonald's was liable to Ms. Liebeck? Do you think it is reasonable to expect that a hot drink purchased from a restaurant

working on an 8-man oil rig crew. Oncale eventually quit his job, and insisted that the reason for his resignation be due to sexual harassment. The claims of same-sex harassment were rules as actionable by the Supreme Court under the Title VII of the Civil Rights act of 1964 in 1998. Joseph Oncale a young oil rig worker in Louisiana was sexually abused and harassed by the boss and two coworkers. This included threatening and offensive remarks of sexual nature by the supervisor. There was also the brutal

INTRODUCTION Defendant DePuy Orthopaedics, Inc. (“DePuy”) seeks partial summary judgment as to Plaintiffs’ express and implied warranty claims. Defendants claim Plaintiffs have failed to prove contractual privity, as required by California law to claim breach of warranty, and, as to Plaintiffs’ claim for breach of implied warranty of fitness, DePuy argues that Plaintiffs cannot show the specific purpose for which Plaintiffs would use the Pinnacle metal-on-mental (“MoM”) hip system. Defendants arguments

Summary of Facts Herman informs Amador that Linda has not reported, to work that evening, the evening before or on several other evenings during the prior few weeks. As a result of this discussion, Amador learns that Linda was spending the evenings with her ex-boyfriend. Several days later, Amador commits suicide. Amador’s family sues the bank for invasion of privacy, alleging that Herman did not have the right to inform Amador that Linda had not reported for work Issues 1. Does the plaintiff have

Procedural History: Ewing was enrolled in a 6-year program of combined undergraduate and medical education at the University of Michigan known as "Inteflex." For Ewing to qualify for the final two years of the program, a student must pass an examination known as "NBME Part I." Respondent was dismissed from the University when he failed this examination with the lowest score recorded in the history of the Inteflex program. After Ewing was unsuccessful in the readmission process to the program,

The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b)