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…
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…
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…
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…
COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…
(www.differencebetween.com) Crime is of a serious nature that poses threats to “peace and order of society.” (www.differencebetween.com) The legal perspective says that crime is an act that violates criminal law of a country. (www.differencebetween.com) Because of the high value put on freedom, defendants have more rights and protections than civil defendants. (www.rbs2.com) In criminal cases…
One proposition for reform is to transfer preliminary cases to the General Court, which may reduce the CJEU’s workload and thus reduce the delays in the procedure as a whole. This proposition is upheld by commentators Broberg and Fenger, who suggest that the transferring of preliminary cases to the General Court is already contained in the provision Article 256(3) TFEU, which states that the General Court shall have jurisdiction to hear and determine questions referred for a preliminary ruling…
QUESTION PRESENTED Given the long-arm statute, which state or federal courts have proper personal jurisdiction over Wal-Mart and Smith Family Farms from the illness of a tainted cantaloupe that originated in Colorado? BRIEF ANSWER Given the long arm statute, Tennessee state or federal courts will most likely have proper personal jurisdiction over Wal-Mart but not over Smith Family Farm. As the principal place of business and place of incorporation, Wal-Mart is subject to suit in both Arkansas…
When you decide to sue the person or company responsible for your injury your case may either go to trial or it may be settled outside of court. Regardless of what route your case takes, it is still important to build a strong case in order to win. If you have not taken the time to gather evidence to present at the settlement meetings, then they will present you with a low offer. In addition, if the jury feels as though the evidence presented is weak, they will award a small amount. Therefore,…