Cause of action

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  • John Yliano Case Study

    dismissed. III. Yuliano’s complaint fails to state a claim where relief can be granted and should be dismissed. Complaints that fail to sufficiently state a claim for relief should be dismissed under Fed. R. Civ. P. 12(b)(6). A complaint can be dismissed if it (1) accepts all of the allegations provided as true, and that the allegations cannot be provided legal relief and; (2) does not state a plausible claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). a. Yulianos complaint should be dismissed because it only alleges suspicion which fails complaint requirements. In order to survive a Fed. R. Civ. P. 12(b)(6) motion a complaint must allege more than just suspicion. In Bell Atl. Corp. v. Twombly consumers brought a class action suit against local telephone carriers alleging an antitrust conspiracy. Jurisdictions have held that a Fed. R. Civ. P. 12(b)(6) motion does not require detailed allegations in the complaint, however does require more than just than the suspicion. Claims that fail to meet this standard will be dismissed. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007). Yuliano’s complaint fails to address the more than just suspicion requirement that comes out of Twombly. Yuliano’s complaint alleges billing irregularities for operation of Gryffindor and that project managers have verified that the project has no attainable goal. The allegations in the complaint are conclusory only offering general statements. Yuliano alleges…

    Words: 1999 - Pages: 8
  • Jonathan Nessler's First Amended Complaint Case Study Example

    The Amended Complaint contains three counts against our client. The first count alleges that our client was negligent in hiring employees that “have dangerous sexual or physically abusive tendencies,” including Daria “Davis.” Count 2 alleges that our client is liable because it negligently retained and negligently supervised employees that “have dangerous sexual or physically abusive tendencies,” including Daria “Davis.” The third count is based on the doctrine of respondeat superior and…

    Words: 1799 - Pages: 8
  • Case Analysis Of Plaintiff's ID/DD Community Care Act

    Not yet finished, Plaintiffs then claim Frances House did not “tell the reader” what its “purpose” was in challenging certain allegations in paragraph in counts L and LIV. Plaintiff again quotes long passages from its Seventh Amended Complaint and then concludes that paragraph 25 of Counts LII and LVI is “merely a statement of medical fact.” (Pls. Resp. Mot. Dismiss at 29.) Instead of recognizing the obvious, i.e., that alleging “certain actions are indicative” of emotional distress…

    Words: 1473 - Pages: 6
  • Complaint Case Study

    COMPLAINT On June 2, 2016, the Office of the Bar Counsel received a complaint from Lynette Fast Horse regarding Attorney Paul T. Shane. The complainant, a former employee, believes that Shane has failed to appropriately handle immigration matters. Fast Horse alleges that Murray is in violation of Mass.R.Prof.C. 1.1, 1.2, 1.3, and 8.4(c). FACTS Fast Horse has provided information regarding nine separate complaints, a synopsis of each complaint is as follows: Complaint #1 On March 7, 2016, Myung…

    Words: 2269 - Pages: 10
  • Case Study Of A Small Medical Center

    1. Ms. Melody Larson (Ms. Larson) is a young psychologist, whom opened a small medical center with the intentions of taking advantage of an investment opportunity, and renting two or three medical offices to be able to afford the mortgage, maintenance and other related expenses. She developed innovative methods of working with children with speech development problems. 2. In January 2014, she found the ideal place which not only afforded her to open the medical center with space to rent offices,…

    Words: 730 - Pages: 3
  • Causes Of Depression In Action

    Depression in action/ and what Causes it Today there are many causes of depression, and researcher’s state there isn 't one cause to it. There also isn’t a reason to why the brain neurotransmitters are imbalanced during depression. However, it is very important for psychologist and researchers to understand the brain activity. Depression can come in either long term or short term. However, some common causes of depression today include PTSD, long term sickness, and stress. Researches…

    Words: 1896 - Pages: 8
  • A Cause Of Action For Veterinary Malpractice

    Vaccine, Requiring The Mare To Be Treated For Several Months Costing Approximately $50,000 A cause of action for veterinary malpractice must prove not only that the defendant breached their duty by violating the standard of care, but also that the specific breach of the standard was the proximate cause of the animal’s injury. Proximate cause consists of both cause in fact and foreseeability. Cause in fact means that the defendant 's act or omission was a substantial factor in bringing…

    Words: 1259 - Pages: 6
  • The Causes Of Extreme Action In Oedipus By Sophocles

    Another example of Oedipus’ tendency to overreact and behave in excess is seen in his learning of the truth behind his origins. After a long series of extreme actions, he finally obtains this piece of knowledge he had pushed for so intently, Iocaste, his mother, his wife, were one and the same. Upon learning this, Oedipus as described by the Choragos, “burst in moaning …begging a sword, cursing the wife who was not his wife, the mother whose womb had carried his own children and himself.”…

    Words: 1591 - Pages: 7
  • Manner And Mechanism Of Death

    death of someone is also important because it determines what type of death the investigator is dealing with. When investigating death, there are different things that need to be known such as cause, manner and mechanism of death. Topic I - Manner of Death A. What is Manner of Death? B. What does NASH stands for and what does it mean? C. What is Undetermined or Unclassified Death Topic II - Cause of Death A. What is Cause of Death? B. How to determine the cause of death? Topic III –…

    Words: 966 - Pages: 4
  • Little Lucky Case Study

    whether Little Lucky, a minor can bring a multiple cause suit against the Jackson brothers for wrongful death, negligent infliction of mental distress and intentional infliction of mental distress? Facts On Friday night around 11 p.m., Bo, Ro, and Kno Jackson robbed the Wild Wings. As they were leaving the owner Burt Lucky came through the door trying to stop the robbery. The Jackson brothers ran passed Burt to get to the exit, they struggled with him, pushed him down and as Burt fell…

    Words: 985 - Pages: 4
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