Legal terms

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…

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…

Having a will can make passing your assets to your heirs easier and can prevent a lot of fighting between family members after your death. Although it is possible to draw up you own will, you can create many problems by doing this. Working with an attorney, you can have a complete will drawn up. Every aspect of your last will and testament will be covered. The following are a few areas that an attorney can discuss with you. Naming your executor A will is more than a paper stating who is to…

At this stage in the proceedings all factors weigh against plaintiff. Regarding the first factor, Plaintiff states that he lives and resides in Childress, Texas; which is over 500 miles from Defendants’ premises. It can be determined that Plaintiff does not reside near Defendants’ premises. Moving to the second factor – Plaintiff’s past patronage – Plaintiff admits that he has no history of visiting Red Rocks, other than the concert which lead to this instant action. Regarding the third…