The district court granted Marod’s motion to dismiss Houston’s claims based on a lack of standing to bring the Title III claim. The…
I. Introduction This is a civil action due to an incident involving a park ranger and UH graduate engineer and his friends at Hawaii State park. The main party being held liable in this civil suit is the UH graduate engineer. Defendant Michael Nishimoto (“Defendant” or “Michael”) argues that this is nothing more than an unfortunate campfire event that accidentally injured Lehua Ching (“Plaintiff” or “Mrs. Ching”), park ranger in her line of duty and he should not be held liable. Also, Defendant argues that Mrs. Ching is a professional rescuer and is barred by the Firefighter rule to seek recovery.…
Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant.…
The Baltimore District trial court heard James McCulloch’s testimony in a case ensued by John James, a debt collector standing to withhold about 50% of the…
LAWS OF EVIDENCE PLG-301-1506 ASSIGNMENT NUMBER FOUR Bench memo to judge on how the judge should rule on the following issues: 1. Storm's statement about being happy to see the clinic burned to the ground: Rule on 405(b) – Storm's character can apply where his character is strongly questioned. Character Evidence. – Rule 404 (a)(1)…
Ms. Bordenkecher’s reliance upon materials outside the pleadings to argue that Plaintiffs’ claims are unsustainable demonstrate that Defendant seeks summary judgment from this Court, despite its claim to the contrary. Under the Maryland rules, when a defendant files a motion to dismiss for failure to state a claim, and matters outside the pleadings are presented to and considered by the court, “the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501.” MD. RULE 2-322(c) (emphasis added). The reason for this rule is that with a motion to dismiss the court considers only the allegations in the complaint to determine if the facts alleged by the plaintiff sufficiently state a recognized cause of action.…
As you know, this office represents Josefina Toledo (Toledo) for damages she suffered as a direct result of disability discrimination and wrongful termination conducted by Custom Apple Packers as perpetrated by its agents. The purpose of this letter is to see if an amicable settlement of this matter can be reached without the necessity of filing a lawsuit. The following is a brief summary of the facts which will be presented in the event this matter proceeds to litigation. BACKGROUND Toledo was employed by Custom Apple Packers on or around September 22, 2004. Toledo worked at Custom Apple Packers for over eleven years.…
) ) The Plaintiff, Carl Ameche (hereinafter “Ameche”), complaining of the Defendants, Margie Congdon (hereinafter “Congden”) and Maple Meadows Campground (hereinafter “Maple”) would show unto this Honorable Court as follows: JURISDICTION ALLEGATIONS 1. Ameche is a citizen and…
The Eleventh Circuit Court of Appeals reviews a grant of summary judgment de novo, “using the same legal standard as the district court.” Merritt v. Dillard Paper Co., 120 F.3d 1181, 1184 (11th Cir. 1997). To win on a motion for summary judgment, the movant only needs to show that there is no genuine dispute of material fact and that they are entitled to a judgment as a matter of law. Fed. R. Civ.…
Whereas, the outcome was unsatisfactory. The court has denied the request despite Houston’s…
So the final answer was the most important, the final answer was, “Yes he is entitled to the remedy, but why does he need it, and does the court really have the power to give him the writ. This question proposed conflict between Article 3 of the constitution and the Jud. Act of…
The Plaintiff, Savitri, filed a complaint that Rajendra negligently and intentionally inflicted emotional distress. She alleged that he used his psychiatric training in order to manipulate and brainwash the children into hating her. The defendant then made a motion for summary disposition, which the court granted. The court found the claim to be barred by res judicata. The plaintiff then claimed that by the court granting a summary of disposition was wrong, because her claim was based on relief and was not adjudicated by a court.…
TO: PLANTIFF JON SNOW, KING IN THE NORTH AND TO HIS ATTORNEY OF RECORD, TYRION LANNISTER, ESQ.: PLEASE BE ADVISED that Defendant Cersei Lannister, through undersigned counsel, moves this court for an order excluding the evidence and testimony pertaining to Defendant Cersei Lannister’s extramarital affair with Jamie Lannister and other men. See California Evidence Code Sections 350, 352, and 1101 (a). This motion is made on the grounds that the aforementioned evidence is extremely prejudicial, immaterial to the legal matter at hand, and will undoubtedly confuse and mislead the Triers of Fact. This motion is based on this notice of motion, the memorandum of points and authorities served and filed here, the material evidence and pleadings…
Writing Assignment 3 2.1 Standing to Sue Facts: An Idaho couple, Jack and Maggie Turton, purchased a house in Jefferson County directly across from a gravel pit. Years later the county converted the pit into a landfill that collected environmentally harmful trash including: major appliances, animal carcasses, containers with hazardous content, leaking car batteries, and waste oil. The couple complained to the county but the county refused to act.…
The Plaintiff in this case has failed to form a prima facie case that either general or specific jurisdiction exists over the Defendant. The Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(6) was granted and the Defendant was given leave to amend. In order for a District Court to hear a case it must have jurisdiction.…