PARTIES: P = Ensign and others D = Walls PRIOR HISTORY: Plaintiffs claimed that Defendant’s business constitutes a nuisance. Trial court enjoined defendant from continuing her business after 90 days. Defendant appealed. FACTS: For some years, at 13949 Dacosta street, in the city of Detroit, the Defendant had a business of raising, breeding and boarding St. Bernard dogs. Her business is adjacent to the Plaintiff's neighbor, Defendant's business would give off obnoxious odors and…
Hooters of America Inc. Vs. Annette R. Phillips 173 F.3d 933; 1999 U.S. App. LEXIS 6329 Facts The defendant - Annette Phillips - had been employed by Hooters in Myrtle Beach, South Carolina. The plaintiff of the case was Hooters of America, Inc. When she was hired by Hooters Annette Phillips signed an arbitration agreement as part of her employment contract. This agreement stated that any conflict that arose between her and the employer would be handled through an arbitration process. Inside…
Phil Phillips sued Dryette in Texas District Court under the negligence theory and Strict liability because their product drymax2000 has design and manufacturing defect which badly injured him and kept him out of his job for 16 months. Phillips resides in Houston –TX and wants 1 million dollars in damages. He suffered real injuries and his real damages were $180K, which caused him several burns in a hotel in Germany during his trip in 2012. Under Goodyear v. Brown, the court defined that…
The issue in this case was whether PHBV was the BO on dividends paid by Prevost. This court has considered the “BO” meaning under an OECD tax treaty and used a form over substance approach to determine whether PHVB is the holding company for Prevost. The tax authority argued that the PHBV was not the BO of dividends received from Prevost. However, the court disagreed by relying on Canada’s domestic law definition of BO as “the person who “receives the dividends for his or her own use and…
THIS REPORT IS RESTRICTED ACCESS DUE TO A **********PREVIOUS WORKER (JACQUELINE LEE) ON THE CASE BEING INVOLVED IN PREVIOUS CASE. THE WORKER IS ALSO A FRIEND OF THE FAMILY.*************** The reporter stated he doesn't want the report done in the county because everyone knows everyone. He doesn't want them to be bias. He wasn't satisfied with the outcome of a previous case. PER REPORTER: There are no lights, water, or gas in the home. It have been off since Friday, January 19th. It's unknown…
Claim A complaint that fails to sufficiently state a claim for relief will 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 provide legal relief and; (2) does not state a plausible claim for relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Yuliano’s complaint alleges that CDI has on numerous occasions submitted fraudulent test results and bills for a project they…
B) The Nordstrom security guard did not have constructive possession of Marshall’s property because he did not have the special relationship required to establish constructive possession. One of the ways constructive possession is satisfied is if one has a special relationship with the employer. See, e.g., People v. Galoia, 31 Cal. App. 4th, 595 (1994) (finding no special relationship when a “Good Samaritan” lacked sufficient interest in the property being taken). Constructive possession is…
It seems Adrienne is constantly challenging her supervisor's directives, and exhibits insubordinate behavior via Non-performance, or making excuses and is not following our policy and rules: Non-performance, or making excuses. For example: Did not following instruction to verify phone numbers for Halsey VOIP project. Excuse: Not enough time. Refer to the attached: "Voip Halsey phone listing.pdf " On Thursday, February 11, 2016, after her getting the phone bill for Halsey, I…
Jenner (Defendant) experienced an epileptic seizure while operating his vehicle that crashed into Maxine Hammontree (Plaintiffs) bicycle store causing her personal injuries and property damage to the shop owned by her. Plaintiff sued the defendant for negligence and total liability. However, the court rejected to impose absolute liability. The case was appealed by Los Angeles County Supreme Court. Facts: Jenner (Defendant) has had seizures in the past, but not since the DMV issued him a…
During week one the class reviewed chapter one which discussed the corporation and its stakeholders. One matter that I found interesting was that I never knew that there were two types of firms. I always thought that there was just one type of firm and the only difference was what type of services or products they sold. From this reading, I learned that there are two different types of firms. The first type of firm is the ownership theory of the firm which states that the owner doesn’t care how…