Contract management

Case Name: Midler v. Ford Motor Co. 1988, U.S. Court of Appeals, 9th Circuit, 849.F.2d 460 Procedural History: Bette Midler (Plaintiff) appealed a judgment summary of the US District Court granting the summary judgement in favor of Ford Motor Co (Defendant). Middler moved for appropriation of her distinct voice for use in a car advertisement. Statement of Facts: Ford Motor Co. aired a car commercial which they played songs from the 70’s to give a nostalgic feeling to their audience. Ford…

The principles relating to the application of the doctrine of res ipsa loquitur in general, are well settled and applied consistently. The maxim Res Ipsa Loquitor, allows the claimant to succeed in action for negligence even when there is no evidence as to what caused the accident and whether it was attributable to negligence on the part of the defendant. It shifts the onus of burden to the defendant. In its shift from the general maxim of - ei incumbit probatio qui dicit, non qui negat (the…

MEMORANDUM TO: Cheryl Olsen, Legal Counsel for Greene’s Jewelry FROM: Kyle Hulce SUBJECT: Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination DATE: September 26, 2018 CC: Lisa Peele, Head of Human Resources Application of the Law to the Facts: The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working…

The lawsuit of Basulto v. Hialeah Automotive had its origins in a contract disagreement between parties. The plaintiffs in the case were Roberto Basulto and Raquel Gonzalez, whom were husband and wife and considered by the courts to be “the buyers”. On the other hand, the defendant in the case was Hialeah Automotive, LLC, who also went by the name of Potamkin Dodge, and was considered by the courts to be “the dealership” (Basulto v. Hialeah, 2014). In 2004, Basulto and Gonzalez purchased from…

Question Presented Does Leahy’s firing constitute retaliation for purposes of the Dodd-Frank act.? Short Answer Yes, given of the leniency of the common law test and the lack of escalating warnings from her employer, Leahy is likely to sustain a claim of retaliation against Monster Crush under the Dodd-Frank act. Discussion The relevant part of the Dodd-Frank Act reads: “No employer may discharge… a whistleblower in the terms and conditions of employment because of any lawful act by the…

In section 1, I read two cases — Houser v. Ohio Historical Soc. and In Re Estate of Therese Davis McCagg — both of which focused on the museum loans that contained no implicit limitation on the time for reclaiming the paintings. In both cases the court did not side with the museum, and consequently allowed the claimants to take back the donated works. In McCagg, there was not time mentioned in any of the documents whatsoever, whereas, in Houser, there was the language stating “…. for a term of…

an auto you may appreciate the additional sentiment security with an auto benefit contract. You may feel constrained to buy an agreement to shield yourself from sudden repairs for your vehicle, that could wind up being very exorbitant. It's a guarantee to perform or pay for characterized repairs and administrations. Here and there it is known as a maintenance agreement, take note of that an administration contract is not a guarantee as characterized by government law. An auto guarantee that…

What is service of legal process? United States legal procedure requires that each party named in a case will be notified if actions are taken against them in a court of law. Service of process is an essential and mandatory aspect of Due Process. This ensures parties rights are protected and is a cornerstone of our nations courts. Rules of civil procedure vary from state to state. You should visit the State Rules of Civil Procedure section to learn more about service of process in your state.…

Commercial law IRAC-Tamara v Aldi Store Issue- Is the negligence of Aldi store cause of injury to Tamara. Rules-the rule in accordance to the facts is:- Negligence-it is called a situation i which an individual owes another individual a duty of care,it is a deficiency or a failure to do a thing which a reasonable person would or would not, do and which leads to a harm or an injury to another person in a result. In South Australia the civil liability Act 1936 (SA) is used to find out the…

NEGOTIATIONS OR MEDIATION The insured’s answer is due on July 27, 2016. A case management conference is scheduled for August 3, 2016. At that conference, the Court will enter a scheduling order. We will file written discovery before the conference. Discovery Item Projected Cost Anticipated Completion Date Answer and affirmative defenses $1,500 July 27, 2016 Case management conference $ 200 August 3, 2016 Serve written discovery to Plaintiff…