Criminal procedure

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 complaint on the following grounds: failure to state a claim upon which relief can be granted for, negligence, vicarious liability, and punitive damages. All of these arguments lack support and should be…

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…

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…

Facts: This case was brought about when Jean Price, the plaintiff, filed a lawsuit against Lorene Ellis and Henrietta Glayson, the defendant and co-defendant, claiming that they had maliciously and falsely accused ms. Price of adultery and defamed Ms. Price’s reputation to her husband. On May 9th, 1995, Ms. Glayson called the plaintiff’s husband to inform him that his wife, who was three months pregnant, had an affair with another man and that the child Ms. Price was carrying could possibly be…

(Code Civ. Proc. § 1032, subd. (b).) Where provided by a fee-shifting contractual provision, attorney’s fees qualify as “costs” for that purpose. (Code Civ. Proc. § 1033.5, subd. (a)(10)(A); Civ. Code § 1717, subd. (a).) However, Code of Civil Procedure section 1033 (“Section 1033”), subdivision (b)(1), provides the trial court discretion to deny or limit a prevailing party’s costs where “the party could have brought the action in the small claims division but did not do so.” Section 1033’s…

in state they are appointed or elected. In the discovery devises side, the basic standards for discoverable information, as applied by New York State and federal courts, are largely the same under N.Y. C.P.L.R. § 3101(a) and Federal Rule of Civil Procedure 26(b). In the deposition, for example, the Commercial Division rules, like the federal rules, now typically limit the depositions to ten and allow them to last seven hours. However, the cost for the deposition is deferent because under the…

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…