The first step is to set up the case with the preliminary court papers. The first pleading needed to be filed is the Complaint/Petition. The intention of the objection is to present the defendant with notice of the accurate and official justification for the plaintiff’s argument. The Summons will inform the defendant that he or she is being sued. After the defendant receives the Summons, he or she will send an answer.
The case Kia Motors Corp. v. Ruiz is a very interesting one, in which several legal concepts were applied and debated during litigation. As mentioned above, KIA Motors Corp. argued that they were not liable on a design-defect theory because they complied with the applicable federal safety standards. Also, they argued that being liable on a design-defect theory will create a precedent in which federal safety standards will be omitted in the
Those employees that smoke have made a conscious decision to do so and to engage in a behavior that is well known to cause health issues, thereby increasing the cost of health care. All conscious action and decisions are not without consequences and Whitney should not have to pay for the transgressions of their employers. WHEREFORE, for the reasons set forth herein and in Defendants’ Memorandum of Law, there are no genuine issues of material fact and Defendants are entitled to summary judgment as a matter of law, at Plaintiff’s cost, with an award of attorney’s fees incurred in the defense of this matter. Respectfully submitted, ___________________________________ Evan D. LeBlanc, #458674 Attorney at Law TABLE OF AUTHORITIES CASES Brashear v. Simms, 138 F.Supp.2d 693, 695 (D.Md. 2001) .
DISTRICT COURT STATE OF OHIO NO. CIV. 01-388 JANE WHITE Plaintiff, v. JEFFREY CAULKIN Defendant, v. SAGE RENT-A-CAR, INC. BRIEF IN SUPPORT OF MOTION TO DISMISS QUESTION PRESENTED Under Civil Rule 12(b)(6), Whether a self-insured lessor can still be liable for a lessee’s negligence in an automobile accident? STATEMENT OF CASE Our client, Sage Rent-A-Car, Inc. filed a surety bond with the Registrar of Motor Vehicles and is self-insured under R.C. 4509.72.
Supp. 764, for example, the plaintiff, a sub-licensee, appealed to the Court for an injunction against the defendant, a licensee, for misstatement questioning their interests in the patent. The issue that the claim raised before the Court was whether the plaintiff had the right to sell parts that embodied the patent to manufactures in their production of their own hearses. The Court held that in order to determine whether the plaintiff had that right, the Court would have to look to the language of the agreement. The Court reasoned that by looking at the interpretation of the contract, they would be able to find out the intentions of the parties and therefore determine what the scope of the sub-licensee’s rights were when at the time the agreement was created.
Respectfully submitted on September 9, 2013. /s/ Kristina Hellman Kristina Hellman Assistant Federal Public Defender Attorney for Petitioner PAGE 27 FIRST AMENDED COMPLAINT Case 6:12-cv-02072-AA Document 29-2 Filed 11/07/13 Page 1 of 2 Page ID#: 126 UNITED STATES DISTRICT COURT DISTRICT OF OREGON MICHAEL W. HALIBURTON, and HEATHER HALIBURTON, Plaintiffs, 6:12-cv-02072-AA Consolidated with 6:12-cv-01612-AA 6:12-cv-02136-AA ORDER DIRECTING THE CLERK OF THE COURT TO REQUEST VOLUNTEER COUNSEL v. CHRIS VOSBERG, et al., Defendants, AIKEN, District Judge In a letter to the court dated September 10, 2013, Hellman, plaintiffs' appointed counsel, Kristina seeks leave to withdraw Ms. Hellman's request from representing plaintiffs in this case. is hereby allowed. The court is grateful to Ms. Hellman for her professional assistance in this matter. In addition, Ms. Hellman's request (motion) to submit the Ex 1 - ORDER Case 6:12-cv-02072-AA Document 29-2 Filed 11/07/13 Page 2 of 2 Page ID#:
A written statement submitted to the court to persuade it as to the correctness of a party’s positions is: (Points : 2) a. Memorandum of law b. Interrogatory c. Bill of particulars d. Verification 3. The initial pleading in a civil action in which plaintiff alleges a cause of actions is: (Points : 2) a. Counterclaim b. Response c. Cross-action d. Complaint 4. The person who brings a lawsuit is called a: (Points
Our region encompasses several states, so don’t consider any state laws—just the relevant federal law relating to employment and discrimination. Please send me your recommendations about who to discharge in a memo, and provide any legal references that are relevant. In addition, explain how we should incorporate the relevant legal requirements into the process of termination and the dispute resolution process that we might need if employees raise an objection to the discharge. Finally, I’d like your thoughts on what process we should use to respond to any charge of discrimination from the employees who are discharged. We want to effectively deal with such charges, especially in a climate
If the plaintiff states that they did not reach out for accommodations, then we should take a look at his work schedule and see if can accommodate. This must include scheduling/leave requests, dress and grooming issues, substantive job duties which create a conflict, or co-worker evangelizing. In Heller v. EBB Auto Co., the courts stated that once an employee has made out a prima facie case, the burden shifts to the employer to demonstrate that an accommodation would result in undue hardship if employment can not go on with that particular employee. The employer can show undue hardship by proving that the accommodation would have a major impact on co-workers or the cost would more than minor (Mautner,
9. Explain the rationale behind the U.S. Supreme Court’s ruling that indigent defendants must be provided with free-of-charge attorneys. In your answer be sure to make reference to the case of Gideon v. Wainwright. What types of lawyers may be appointed? 10.