Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…
Stevan Jakovljevic Professor Avdeev Law 2010-05 Fall 2016 Case Brief Term Researched: Duty of Care Case Name: Howard D. Brunson (Plaintiff-Respondent) v. Affinity Federal Credit Union Legal Citation: 954 A.2d 550 (N.J. Super. App. Div. 2008) Date Decided:…
This is in response to the breach of contract by Main Line and Kim Basinger in the production of the movie “Boxing Helena.” The defendants and appellants are appealing because they disagree on the sufficiency of the evidence and the excessiveness of the damages. In addition, the defendants state the special verdicts were prejudicially ambiguous because they failed to differentiate between the liability of Mighty Wind and Basinger by using the term…
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.…
I will then explain both Cardoza’s and Andrew’s views with reference to negligence and duty of care, which are most relevant in this case. I will explain why Cardoza’s decision may be considered incorrect or questionable. In the case of Palsgraf vs Long Island R.R. Co, the plaintiff, Palsgraf, was waiting on the platform waiting for her train. A man, carrying a package, was hurrying to catch his train.…
Carter V. Tokai Financial Services, Inc. In the case, it follows Randy P. Carter and Tokai Financial services, Inc. where Tokai sued Carter for money that was not given under a lease agreement that the two had entered. It as stated that ARC made 4 of the rental payments before they defaulted on the obligation they had with Tokai. Following the ceasing of payment, Tokai the repossessed the equipment and sold it for $5,900. After the sale, Tokai brought a suit against in which they were awarded $56,675.74.…
Krouse v. Graham 19 Cal.3d 59, 562 P.2d 1022, 137 Cal. Rptr. 863 Facts: The Krouse family was returning from a grocery shopping trip and their car was parked on the curb. When Elizabeth (the wife) and Vinka Mladinov (neighbor) were returning to shut the door of the car, Graham hits a curb and rear ends the parked car. This results in the hitting the neighbor (Mladinov) and Elizabeth (the mother).…
The Case Study in question relates to a racial discrimination suit filed by James Jackson III against the National Football League (NFL) in the U.S. District Court for the Southern District of New York in June 1994. Jackson had previously filed a discrimination charge in 1991 with the Equal Opportunity Commission and was granted the right to sue on July 1, 1992 (Jackson v. National Football League, 1994). The plaintiff, James Jackson III, an African American minor league football coach, sued the NFL because he was not granted an interview for a head coaching position in the World League of American Football (WLAF). The WLAF was formed by the owners and teams of the NFL as a corporation and limited partnership whose sole shareholders were the…
Case: Katzenbach v. Grant 2005 U.S. Dist. LEXIS 46756 *; 2005 WL 1378976 Facts: The Plaintiffs, Katzenbach and Osuna filed a lawsuit against Defendant Grant over a film and book rights. Grant owns a website called “thenightexposed” (www.thenightexposed.net). The Plaintiffs claim that Grant caused problems with negotiations with Sony Pictures and the USA Network. Plaintiff further claims that Grant sent a letter calling Osuna book a fake and made other defamatory articulations about the Plaintiffs on his website.…
The issue is the following: Are similarly situated college applicants being treated dissimilarly on the basis of race in violation of the 14th Amendment Equal Protection Clause? The holding is that similarly situated college applicants are being treated dissimilarly on the basis of race. The Supreme Court finds in favor of Abigail Fisher. The plaintiff has been injured by the actions of the defendant.…
The injuries sustained in the Niles v City of San Rafael were foreseeable. The injuries resulted from the commission and the omission of act from the defendants. There was negligence in the city’s supervision of the school playground and medical malpractice at Mt. Zion Hospital. The medical negligence was nonfeasance meaning there was a failure to act when there is a duty to act as a reasonability to safeguard a person rights. The Plaintiff was an innocent party whom rights were violated by the defendants.…
Duel Justice Watkins, Robert GCU Duel Justice The United States of America utilizes a duel court system in its judicial system. The two courts systems are federal and state. Courts that exist at the state or local level are established by the individual state, and exist “within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts.” Courts that exist at the Federal level have been established under the United States Constitution and rule on disputes concerning the Constitution and laws that are passed by Congress.…
Question 1 Area of the Tort law: Negligence Liability Material Facts: Benji v Parramatta Storms Rugby League Club, Jack and Bronco (Personal Injury- Head)/ Negligence act. Benji (Plaintiff), a first grade league player of Western Tigers Rugby League Football Club was severely injured following a spear tackle by Parramatta Storms Rugby League Club’s (first defendant) players Jack and Bronco (second and third defendants). Benji was therefore forced into career retirement at his peak due to negligent acts of the defendant. Subsequently, National Rugby League charged the second and third defendant with having made a dangerous throw, to which they pleaded guilty. Issues: The most pertinent issue at hand is the fact that whether the defendants…
While Erin's intentions may have been honorable, were her investigative techniques and business practices ethical? In the movie Erin Brockovich, Erin main objective was to uncover and expose the unethical practices that were taking place at Pacific Gas & Electric Company by poisoning the water. In Erin investigative techniques and business practices, many ethical issues arise such as having poor time management, revealing dress code, extortion, poor meeting etiquette, and poor communication skills.…
I represent the Respondent, and request of the court to affirm the decision of the United States Court of Appeals for the Second Circuit. The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.…