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Case: Vanna WHITE (Plaintiff) v. SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and David Deutsch Associates, Inc., a New York corporation (Defendants) Citation: 971 F.2d 1395 (Case Brief Document) Procedural History (what happened in the case): Samsung Electronics America Inc. and David Deutsch Associates Inc., Defendants, were sued by Vanna White, Plaintiff, because Defendants used a robot likeness of Plaintiff in a series of advertisements without Plaintiff’s consent or monetary…

COMES NOW, PLAINTIFF Jackie Valenzuela, by and through her attorneys of record, and hereby submit the following Points and Authorities in support of their Opposition to Defendants’ Gio Giovanni, and Fedex 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…

1. Based on the situation, Dill should be the winner of the case. The fact that Dill lent his house to Angus means Angus should be taking care of the house, not Dill. The tornado can be foreseeable and preventable if Angus reads the news and alert his family to move out of the house. Dill should not be charged with anything since it was out of Angus work hours when the incident happened. 2. Adams can recover from the claim on a public law, since Cochran illegally using uninspected stickers for…

ARGUMENT I. DID CHARLIE ACT NEGLIGENTLY TOWARD DENNIS? DOES CHARLIE EVEN OWE A DUTY TO DENNIS? Charlie did not act negligently toward Dennis. In order for Charlie to be convicted of acting negligently, it must be shown that Charlie owed a duty to Dennis. In order to prove that Charlie owed no duty to Dennis, the law from 6 Witkin, Summary 10th (2005) Torts, § 1018, p. 289 can be used. The extent of the defendant’s duty does not exist, because the plaintiff was aware of the foreseeable risk just…

You have requested that the firm of Burkhardt & Larson perform certain estate planning services for each of you. Those services could include a review of your assets and liabilities, meeting with you to determine your financial and estate planning objective, and the preparation of various documents, which may include wills, trusts, powers of attorney, and other possible memorandum documenting your property ownership interests. In so doing, we will be representing both of you. At this stage, it…

Bell Atlantic v Twombly Daniel Hagan & Kristopher Nance Background The case is brought on by William Twombly and a group of consumers in the form of a class action lawsuit against the Bell Atlantic Corporation. Twombly claimed that Bell Atlantic had violated section 1 of the sherman act which deals with the formation of trusts and conspiracies. They go on to claim that Bell Atlantic conspired to end competition between itself and other members of its industry, and to stifle new entrants into…

As Tenants correctly note, a prevailing party is entitled to recover costs in any action. (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…

order for them to spray her trail home. Unfortunately, Rollin’s Company cheated the complainant by not offering the service she was demanding for. She was not given a clear picture of what the contract is all about, nor they she review to her the terms indicated in the contract. She was an illiterate and can’t figure out what the contract says instead, she sign it without knowing the arbitration agreement stated at the back of the document. The complainant argued that, the contract she had…

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…

Claimant Maria Guadalupe Ramirez is a full-time Pantry Cold Food Packer at the Insureds main production plant, where the company prepares in-flight food and beverage services to various major carriers. The claimant’s two Supervisors, Mr. Chea Choe and Ms. Maria Ramirez found the claimant to be one of their “best Food Packers in the Food and Pantry Department,” where the claimant has been assigned to since her date of hire on 11-18-2011. They claim the claimant has not had any medical issues or…