Stewart Dolin, a 35 year-old man, was prescribed Paxin by his family doctor. The medication was prescribed to help with the work-related anxiety and depression. According to court records, Mr. Dolin’s prescription, however, was ultimately filled with a generic version of…
In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…
History: Federal Trade Commission instituted a deceptive advertising proceeding against Kraft Inc. Kraft was instructed to terminate certain ads due to false advertising.…
Unfortunately, a corporation can be charged and convicted of any number of crimes. If the employees or officers within a corporation violate the law on behalf of the corporation and within the scope of their employment, the corporate entity would be open to criminal charges. Corporations can be convicted of criminal wrongdoing in the same manner individuals are charged and convicted. In addition, individuals within the corporation can be charged as well. Commonly, when a corporation is charged, many of the top officers will be charged along with the corporation as an entity.…
Michael Harrison Jr. the plaintiff filed a complaint with the EEOC against the defendant Killeen Fast- Food Restaurant (Wendy’s) for refusal to hire him based on his hearing impairment despite his qualifications. The EEOC filed suit in the U.S. District Court for the Western District of Texas Waco Division, the general manager of the restaurant refused to hire…
Facts: William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until the nephew reached 21 years of age. The uncle responded to his nephew in a letter dated February 6, 1875 in which he told his nephew that he would fulfill his promise. The uncle died a couple years later without sending the money to the nephew.…
It was determined that the plaintiffs failed to show any part of the statute led to a denied admission to any non public school on racial or religious grounds. So the complaint of violating the 14th amendment was not discussed and dismissed for lack of standing.…
The minimum health care standards are intended to insure that the quality of health care services provided to inmate’s correctional facilities is maintained at a level consistent with legal requirements, accepted professional standards and sound professional judgment and practice. Such as: medical and dental diagnosis, treatment and appropriate follow up during “sick call” care consistent with professional standards and sound professional judgment and professional practice; administration of emergency medical and dental care; assessment of the quality of health service delivery on an ongoing basis. No inmate may be punished for requesting medical care or for refusing it.…
Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…
Jaffee v.Redmond (1996) The case of Jaffee v. Redmond was taken up by the U.S. Supreme Court in 1996. The issue was whether a psychotherapist-patient would be recognized under Rule 501 of the Federal Rules of Evidence. The Court granted a decision that recognized the existence of such a privilege holding that confidential communications of a licensed social worker and a police officer be protected from compelled disclosure As reported by Levy (1996), the Court decided that all communication between a patient and a psychotherapist falls under the umbrella of privilege and, the psychotherapist can’t under be forced by the courts to disclose such information.…
Anyone accused or convicted of a capital crime, being diagnosed with Mental Retardation can mean a term of life or death. Daryl Renard Atkins was convicted of abduction, armed robbery and capital murder. A forensic psychologist testified that Atkins was mildly mentally retarded. The was tried twice, both time sentenced to death. In the Atkins v. Virginia (2002) case, Supreme Court ruled that execution of such a person constitutes cruel and unusual punishment prohibited by the 8th amendment (Bethany A. Young-Lundquist, 2012). Standardized tests were the method used to test intellect. The purpose of this study was the focus on potential limitations of adaptive functioning.…
Facts: Matt Theurer was an 18 year old adult that worked at McDonald’s part time. His friends and family worried about him because he had many extra-curricular activities, worked for the National Guard, and worked for McDonalds. McDonald’s informal policy did not allow high school students to work more than one midnight shift per week or split shifts. There was a special clean-up week McDonald’s held, Theurer worked five nights. One night he worked until midnight, another until 11:30pm, two nights until 9pm, and another until 11pm. On Monday, April 4th, 1988, Theurer worked from 3:30 until 7:30pm, followed by the clean up shift beginning at midnight until 5am on April 5th, and then he worked another shift from 5am until 8:21am. During that shift, Theurer told his manager he was tired and asked to leave from his next regular shift. The manager accepted his request, and Theurer began to drive home. He was driving 45 miles per hour on a two lane road when he either fell asleep or became drowsy. Theurer crossed the dividing lane into on-coming traffic, and crashed into Frederic Faverty’s minivan. Theurer was killed and Faverty was seriously injured. Faverty settled his claims with Theurer’s estate, and then he filed suit against McDonald’s.…
claim, finding that Lucas did not make out a prima facie case (Open Jurist, 2011).…
Nestlé, manufacturers of wrapped chocolate bars, advertised for sale, as part of an advertising campaign, the record 'Rockin' Shoes'. The price of the record was 1s 6d plus three wrappings from their 6d chocolate bars. Chappell, who were the sole licensees of the copyright of 'Rockin' Shoes', claimed that Nestlé had infringed their copyright and sought injunction and damages. Nestlé claimed that they were entitled to supply records without the permission or license of the appellants because they were authorized to do so by the Copyright Act 1956 s.8 which permitted them to sell the records provided they paid to the copyright owner 'six and one quarter per cent of the ordinary retail selling price of the record.' The House of Lords held by a majority of three to two that the Act required that the consideration for the records be wholly in money.…
The sufficiency of effects doctrine is also contested. Under US legal system, the federal courts have jurisdiction over a defendant corporation if the corporation is incorporated or has its principal place of business in the state where the federal court sits. A court has general jurisdiction over a resident corporation if the corporation’s contacts with the forum state are “continuous and systematic”. In the case of United States v Nippon Paper , the Supreme Court repeated that jurisdiction can be exercised over ‘foreign conduct that was meant to produce and did in fact produce some substantial effect in the United States’. With regard to jurisdiction over foreign anti-trust defendants, the locus classicus in the US is Hartford Fire Insurance Co. case , wherein a number of states and a private plaintiff sued the defendant companies, alleging that the insurance companies had violated Section 1 of the Sherman Act by conspiring to restrict the terms of coverage of commercial general liability insurance available in the United States. The court also clarified that “international comity” is…