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.
The defendant had the responsibility to advise the Court of any claimed errors in the PSR. Hi s failure to voice any objec tions waived any issue not properly presented. Gray v . Benson, 458 F.Supp 1209 (D.C. Kan. (1978), aff'd, 608 F.2d 825 (10th Cir. 1979) .
Unit 5 Assignment 1-28-08 ASSIGNMENT 10 Citation: Atlantic Beach Casino, Inc. v. Edward T. Marenzoni, 749 F. Supp. 38 (D.R.I. 1990) Parties: Atlantic Beach Casino, Inc., Plaintiff-Appellant Edward T. Marenzoni, Defendant-Appelle Facts: Atlantic Beach Casino contracted to represent 2 Live Crew, and the Westerly Town Council is taking steps to prevent the group from playing at the scheduled concert. The town council wished to review and decide in advance whether the performance will go forward (a prior restraint), and they failed to allege sufficient harm. The Westerly licensing ordinances do not even approach the necessary level of specificity constitutionally mandated, and the plaintiffs have a high likelihood of success.
Congress reiterated in Section 3(c)(1)(D)(ii) of FIFRA that EPA should make administrative decisions about how much money these manufacturers would get for damages from loss of their trade secrets. Union Carbide sued because they felt that the decisions should be made by the judicial court, not an administrative agency. The U.S. District Court for the Southern District of New York held that the claims challenging the arbitration provisions were ripe for decision and that those provisions violated Article III. Standing was approved for all appellants, who took a direct appeal to the U.S. Supreme Court. Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data.
Case Analysis: Baker v Osborne Development Corporation Amelia Smith LS311-06 Business Law Kaplan University February 14, 2012 The new homeowners would be able to sue the homebuilder, Osborne Development Corporation. The California Court of Appeals found that the trial court’s decision was correct and that the arbitration agreement was both procedurally and substantively unconscionable thus making the arbitration agreement unenforceable. The reason that the trial courts found the arbitration agreement was procedurally substantively unconscionable was the fact that the agreement was not present in the terms of any of the contracts between the buyer and the builder. The homebuyers were not given the application of warranty by HBW until about a day or so before the scheduled close of escrow and the terms of the arbitration agreement were not present within the application. NCR Corporation v Korala Associates was a case that was concerning the unauthorized copying of computer software by KAL.
In Carnation Company v. NLRB,429 F.2d 1130 (9th Cir.1970), this court found that Carnation's requirement that its dairy distributors maintain advertisements on their work vehicles did not evidence an employer-employee relationship. Id. at 1132; see also Associated Diamond Cabs, 702 F.2d at 921 (concluding that income from advertisements that went to taxicab company was "irrelevant to the issue of an employer's control over the lessees"). Similarly, in City Cab of Orlando I, a taxicab company's requirement that a driver return to its facility in order for a mechanic to place decals listing the new telephone number of the company was found to not be the type of control normally exercised by an employer over an employee. 285 N.L.R.B.
To successfully invoke this defense, the purchaser or occupier had to establish that it had no reason to know that the property was contaminated. Since the problem with brownfields is the existence or suspicion of contamination, the defense was largely unavailable to prospective developers or tenants of brownfield sites. To eliminate this obstacle to redevelopment of brownfields, the Brownfield Amendments created the BFPP defense for landowners or tenants who knowingly acquire or lease contaminated property after January 11, 2002. Only those parties that qualify for the BFPP defense are potentially subject to the windfall lien. To qualify for the BFPP, the owner or tenant must establish by a preponderance of the evidence that it has satisfied the following eight conditions: • All disposal of hazardous substances occurred before the purchaser acquired the facility.
However, to qualify for this section, the properties exchanged must be like-kind and used for a trade or business or for investment. (4)So, in this case, the property exchanged is a house and not one used in any trade, business or for investment purposes. Hence, it does not qualify for Sec 1031 tax exchange. 2(c) As Sec 61 of IRS, any activity which is carried with the intention of earning any income will be classified by the IRS as a business and taxed accordingly. (5) So the distinction between hobby and business is important to determine the taxability of the profits earned from such activity.
CEO Charlie Duffy. * Testimony of Carly Simmons – observer of Charlie’s actions with Luke an attorney. HEARSAY/NONHEARSAY Hearsay is an out of court statement offered to prove the truth of the matter asserted. The testimony of Frank Torino, Sales Manager of Novelty. HEARSAY/Non-Hearsay Hearsay – Supra Will Frank Torino’s testimony regarding Nordstrom’s regional manager’s phone call to him (Frank), be admitted as hearsay?
Commissioner case. Banaitis and Banks argued individually to the U.S. Tax Court that contingency fees paid to lawyers should be deducted from taxable gross income. The court ruled and disagreed. The IRS said that Banaitis and Banks owed taxes on contingency fees. Banaitis appealed to the Ninth Circuit Court of Appeals, which ruled that contingency fees could not be taxed as income.