1993). In IDEA cases that reach the Fifth Circuit, questions of law and mixed questions of law and fact pertaining to the district court’s decision are reviewed de novo. R.P. v. Alamo Heights Indep. Sch. Dist., 703 F.3d 801, 808 (5th Cir. 2012). The appeal at bar is a question of law and a mixed question of law and fact and thus, this Court’s reviews de novo as a mixed question of law and fact the district court's decisions regarding whether K.W. was a “parentally-placed” private school…
COMES NOW, PLAINTIFF Jackie Valenzuela, by and through her attorneys of record, and hereby submit the following Points and Authorities in support of their Opposition to Defendants’ Gio Giovanni, and Fedex Corporation, Fedex Ground Package System, Fedex Corporate Services, Inc. (hereinafter referred to as "Defendant" or "FedEx") Motion to Dismiss Plaintiffs' Complaint. I. INTRODUCTION Defendants’ Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) seek to dismiss Plaintiff’s…
United States courts have seven key types of jurisdiction. The first type of jurisdiction is personal jurisdiction. Personal Jurisdiction is the authority the court has over the person. The second type of jurisdiction is subject matter jurisdiction. Subject Matter Jurisdiction is the authority granted upon a court to hear a particular type of case. The third type of jurisdiction is geographical jurisdiction. Geographical jurisdiction is the authority the court has to hear cases that arise…
In my court case Witherwax v Transcare, Inc. 2005 NY. Transcare ambulance transported Witherwax to the hospital 2000, and the transcare employee didn’t recorded the right address for Witherwax resulting in Witherwax not receiving a bill for the services performed by transcare. Transcare sent witherwax bill to a collection agency. Witherwax claims that Paul Michael reported the debt to the three credit reporting agencies as being "seriously past due. Witherwax tried to resolve the debt, but…
In the case of Marshall v. Jones the facts are summarized as follows: The Plaintiff Don Marshall was injured at work on September 8, 2010. He reported a pain in his left lateral lower chest. Mr. Marshall also had a prior history of ulcerative colitis, which prohibited him from taking nonsteriodial anti-inflammatory (NSAID) medications because of his condition. After the injury he went to the Laskey County Memorial Hospital on September 9, 2010. Pat Jones P.A. and Dr. Smith treated him there. He…
PLAINTIFF’S TRIAL BRIEF REGARDING ADMISSIBILITY OF CRIMINAL CONVICTIONS TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff Lauren Coon, who makes and files this Trial Brief regarding the admissibility of Stanley’s criminal convictions, and will respectfully show the court the following: 1. Under rule 404 of the Texas Rules of evidence, “a party accused of conduct involving moral turpitude may offer evidence of the party’s pertinent trait, and if the evidence is admitted, the accusing…
The supreme court of Illinois ruled in favor of Rosewood Care Center, meaning that Caterpillar was held liable to cover the costs of Betty Jo Cooks care at treatment while she was recovering. The appellate court held that a promise to pay the debt of another is subject to the statute of frauds, because the employer promised to pay for the employee's care before the debt came into existence, the employer's promise to pay was not subject to the statute of frauds and that the health care provider's…
Wisconsin V Yoder Three amish student who lived in New Glarus Wisconsin stopped attending their high school, New Glarus High School. The three students were all from different families and stopped attending their public school at the end of their eighth grade year. The full case name is State of Wisconsin V. Jonas Yoder, Wallace Miller, and Adin Yutzy. They refused to send their children to school because of their religious believes. The families all had to attend their state court for…
C. Course Textbooks 1. Mandatory Textbooks Columbia Law Review Association et al., The Bluebook: A Uniform System of Citation (20th ed. 2015). 2. Recommended Textbooks Linda H. Edwards, Legal Writing and Analysis (3d ed. 2011). Christina L. Kunz et al., The Process of Legal Research, Authorities and Options (8th ed. 2012). Mary Beth Beazley, Legal Writing for Legal Readers (2014) Amy E. Sloan, Basic Legal Research (6th ed. 2015). Richard C. Wydick, Plain English for Lawyers (5th…
At this time, and in light of The District’s aforementioned jurisdictional objections, the District will only generally respond to the 6 specific allegations and the single proposed resolutions contained in the Complaint. By not offering a response to each and every factual allegation made in Petitioner’s Complaint, the District in no way are waiving its right to contest any relevant factual allegations in the due process hearing in this matter. A review of Petitioner’s educational records…