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.…
In this case, plaintiff Sara Bellum failed to prove that Ms. Wisdom’s alleged legitimate reason was a pretext for discrimination. There is no proof that Barbara Wisdom stole/hid the money from Sara Bellum’s cash drawer, and there is no preponderance that Barbara Wisdom’s decision to terminate Ms. Bellum was a pretext for discrimination. In conclusion, based on the facts the defendant Barbara Wisdom displayed no age discrimination in her decision to terminate Sara Bellum, therefore, I rule that the defendant party does not owe the plaintiff any compensations for damages that resulted from the…
Case Brief # 3 Fernanda Sbordone LEG110 12/5/2016 Instructor: Ms. Roland Arizona v. Evans Citation. 514 US 1 (1995)DOCKET NO . 93-1660 .Arizona Supreme Court.…
Additionally, plaintiffs seek damages in the amount of $264,816.00. Complaint, ¶…
We suggest evaluating a resolution strategy after we have obtained the plaintiff’s discovery responses. We anticipate that we will then have the opportunity to provide an initial assessment of the value of the case and the Elise Wasson’s injuries. We will also be able to determine if additional discovery is needed to investigate the claim or if seeking a quick resolution is advantageous to the…
Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…
Did the Supreme Court determine that the plaintiff had a valid CEPA claim?…
Wrongful Conviction On the morning of August 10, 1984, Deborah Sykes was brutally stabbed, sexually assaulted, and eventually killed in Winston-Salem, North Carolina. The man convicted for her murder was Darryl Hunt, a 19 year old boy that would go on to spend 20 years in prison for a crime he did not commit. Hunt was convicted based on eye-witness testimony and informants, but was later exonerated based on DNA evidence that matched a man that was caught just a few months after the murder took place. This case is an exemplar of the strength of DNA evidence and the fragility of eyewitness testimony.…
This case is so critically important because it demonstrates how carefully and precisely legal systems must evaluate complaints involving this specific conflict of…
This can be referred to as the insurance companies and the government public programs. By its very nature insurance causes a phenomenon known as “moral hazard”. Unlike most other industries, in health care a third party actually pays for most of the services used instead of directly by the consumer. The consumer’s out-of-pocket costs are therefore lower than the cost of the services. This shields them from the knowledge what the prices are, and increases usage of the services, thus driving up price and cost.…
To understand why BB Co. would win the case for negligence, it is important to first understand the relationship between the company and the geologic expert. In this case, all the facts point towards the expert being a independent contractor, not an employee of the company. And as the law states, since there is no grounds for direct liability, the principal, in this case BB Co., cannot be held vicariously liable for the independent contractors negligence. As for the strict liability claim, the company would lose, simply due to the fact that strict liability does not take into consideration fault, and is only concerned about the activity that causes harm to the plaintiff.…
Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…
Woody and Smiley may sue Vicaria for negligence. In order to prove negligence, Woody must show duty, a breach of duty, causation, a proximate cause of harm, and actual harm. We would prove Vicaria had a duty of reasonable care to Woody and Smiley because of the special relationship between a pilot and a passenger. Vicaria’s agreement to fly Woody and Smiley proves the existence of a special relationship needed to establish a duty of reasonable care. We would establish a breach of duty by proving Vicaria had done something a reasonable person would never do.…
Costle. The plaintiff rebuffed her director?s repeated sexual overtures. She ignored his advice that sexual intimacy was the path she should take to improve her career opportunities. Her job was abolished. This is a perfect example of ?…
1. Economic theory In this theory by Patricia Danzon, she argued that professional liability systems are necessary in situations where asymmetric information exists . Medical practitioners have better information in the medical field than the patients and this is a gap in the medical field. The theorist went ahead and said that the purpose of a liability system like the medical malpractice system has two aspects; this is to curb medical negligence in addition to compensating patients who are victims of the acts of negligence.…