Civil procedure

Plaintiff at trial was Cellco Partnership, now Appellant. Defendant at trial, Shelby County, now Appellee. Facts: Cellco Partnership, Appellant, originally entered a lease agreement in 1995 with Cellco Partnership (Verizon) allowing an easement to Stonebridge Water Tower. In 2000, Highway 64 learned that Verizon had installed cellular equipment on Stonebridge Water Tower and accused them of trespassing and threatened to file a suit against them. In 2001, Verizon (Cellco Partnership) filed a…

The legal aid for the plaintiffs in the well known Uber and Lyft legal battles, is taking the same fight to four more companies. The Uber and Lyft lawsuits were based around misclassification of workers as independent contractors. It seems to be a popular allegation amongst on-demand companies. The four other companies soon to be facing trouble similar to that facing Uber and Lyft are: Postmates (delivery service), Instacart (delivery service), Washio (a laundry service), and Shyp (a shipping…

The Hospital has fully and completely responded to the Third-Party Defendants’ discovery requests, and in our good faith effort to clarify and address the specific items in your letter, and thereby avoid any discovery dispute, we are providing the following supplemental responses and will further supplement if additional responsive information is obtained as discovery progresses. In further response and without waiving any of the previous objections, including objections as to attorney-client…

WHEREFORE, Plaintiff prays that the Court enter judgment in her favor and against Defendant, containing the following relief: A. A declaratory judgment that the actions, conduct, and practices of Defendant complained of herein violate the laws of the United States; B. An injunction and order permanently restraining Defendant from engaging in such unlawful conduct C. An order directing Defendant to place Plaintiff in the position he would have occupied but for Defendant's discriminatory and…

Argument for Tangible Detriment: The District court improperly granted summary judgment as a reasonable jury could find that Prufrock suffered a tangible detriment when he was denied tutoring and received the worst English grade of his college career after he rejected Crewel 's offer to "take care of things" for him if he was "a good boy".(DEP.) To determine whether plaintiff suffered a tangible detriment, courts consider whether 1) plaintiff suffered a material loss and 2) the loss…

Case in point, The Helping Families Save Their Home Act of 2009 states that if there is no assignment filed, the lack of assignment makes the lien unenforceable and it loses its priority. Making our claims for prescriptive title just and valid. Our claim on our home is the only one without defects. This state 's statute was not addressed by the federal court, and because our state claims were pending before the dismissal of Bennett I, we can still have our state claims heard in state court…

determination if an offender should be terminated. In the Superior Court case, Gross v. State of Maine, the drug court team discussed the termination decision during the termination hearing, without defendant’s presence or that of his counsel. That procedure coupled by the fact the Superior Court felt that the drug court judge should have withdrawn from the case to avoid bias, resulted in a finding of constitutional infirmity. Moreover, the appellate court ruled the defendant did not and…

A civil suit is commonly derived from a private party or individual, who alleges damages from duty of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care, breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative defense against documented allegations. The Oliver versus Brock case proves the importance of supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver…

It’s significantly difficult to concentrate on any subject after the death of a loved one. Not only is the grief of loss unbearable, but the aftermath of a death brings funeral arrangements that must be conducted at the worst of times. It's necessary to reach loved ones and family and notify them of the death, prepare an obituary, and complete insurance claims to cover funeral expenses, amongst other seemingly insurmountable tasks to take on while you're grieving. It's very likely that you're…

Please consider this letter in response to your email dated May 23, 2017. At this time, we have received the Disability Evaluation Unit’s rating of the Panel Qualified Medical Evaluation report of Dr. Perminder Bhatia dated August 10, 2016. Summary The DEU rated Dr. Bhatia’s report at 61% permanent disability using the occupational code of 481, which is different from the one we used. I was originally under the impression that the applicant’s job was only related to maintain the refrigeration…