Kimberly Ellerth worked in Burlington’s Chicago office from March 1993 through May 1994, first as a merchandising assistant and later as a sales representative. Theodore Slowik was a New York based Vice-President of sales and marketing, supervising Ellerth’s immediate supervisors. Slowik made primarily the decision as to Ellerth’s hire and subsequent promotion. Ellerth spoke with Slowik when he traveled to her Chicago office and when she traveled to business related conferences in New York and elsewhere. Ellerth was required to get Slowik’s approval of special sales to her customers. Soon after Ellerth began working for Burlington, Slowik began to subject Ellerth to harassing acts and comments, coupled with threats that her refusal to submit would result in retaliation. For example, in the summer of 1993, Slowik made a series of comments about Ellerth’s legs and breasts. Ellerth never gave Slowik’s any indication that she was interested in him. Nonetheless, he continued to subject her to unwanted touching of her body. Ellerth resigned soon after Slowik refused to authorize a special project for one of Ellerth’s customers. Three weeks after resigning, Ellerth informed Slowik’s supervisors at Burlington that she had resigned due to Slowik’s harassment. She testified that she did not complain about Slowik’s harassment while still employed by Burlington because she feared for losing her job.…
In orders to offer a cure for the employment abuse in the NLRB, is the trade union recognize the new appointment and the retroactive payments. The NLRA don’t had submitted any fined and the income could be lower than the benefits.…
Exhibit 16.5 is a final pretrial order for the United States District court for the Northern District of Illinois. The case on the pretrial order is Austin Bennaza vs Buddy Smith. The notice states stipulations and statements that deal with the case. It details each parties current state as well as their part in the case. It states what each party owes the other in dealing with the case. It also states how long the trial should take. It allocates specific time to each task associated with the case. The document needs to be prepared and submitted jointly by opposing trial counsel. The pretrial order also needs to be signed by the pretrial judge.…
Facts of the Case: The Appellant Miriam Leverington, a nurse at Memorial Hospital (Appellee 1) in Colorado Springs, was pulled over in December of 2008 by Officer Duaine Peters (Appellee 2). During the course of the stop Leverington told the police officer that she hoped he was never her patient. Officer Peters replied, "I hope not too, because maybe I'll call your supervisor and tell her you threatened me." The Police officer did in fact, within 5 days after the incident, report Leverington’s comment to Memorial Hospital. Memorial Hospital took disciplinary action against her for making the comment to the officer. They disciplined her by terminating Leverington from her job as a cardiac nurse there. Leverington sued the City (Memorial) and Officer Peters for violating her rights to free speech. Leverington claimed that the officer had been rude and that she was just trying to communicate she hoped that she never had to interact with him again. Lower courts dismissed her case stating that her first amendment rights had not been violated. The decision went to appeals.…
Court Cases McCulloch vs. Maryland – 1819, Maryland tried to tax the US Bank, a national bank. Resulted in Maryland’s law being declared illegal, because the states cannot tax a Federal institution. Gibbons vs. Ogden – 1824, gave Congress the power to regulate interstate commerce.…
Defendant Clarence Earl Gideon was charged with breaken and entering a poolroom with intent to commit a misdemeanor. Defendant was denied request for appointed counsel on the grounds that under the laws of Florida only a defendant charged with a capital offense was entitled to such an appointment. Defendant was without funds. Defendant conducted his own defense. Defendant was convicted and sentenced to imprisonment of five years in the state prison. Defendant filed in the Supreme Court of Florida the present habeas corpus petition, attacking his conviction on the ground that his federal constitutional rights were violated by the trial court's refusal to appoint counsel. The appeal was denied by the Florida Supreme…
Defendant Wycoff murdered his sister and brother-in-law, El Cerrito attorneys Julie and Paul Rogers. Victims were stabbed and bludgeoned to death with a knife and wheelbarrow handle.…
The landmark case that opened up the ability for business to operate across state lines was Gibbons v. Ogden. The case started in 1809, when the Legislature of the State of New York granted exclusive navigation privileges of all boats that moved by fire or stream in the waters within the jurisdiction of the state, for twenty years, to Robert R. Livingston and Robert Fulton (Livingston). They wanted a monopoly on a national network of steamboat lines, but were unsuccessful in their pursuit. Only the Orleans Territory awarded them a monopoly on the lower Mississippi (Livingston).…
Gill v. Whitford is a Supreme court case that deals with political gerrymandering. A lower court ruled that the state's Republican-drawn map constitutes an "unconstitutional partisan gerrymander." The case involves district lines in Wisconsin that challengers say, “were drawn unconstitutionally to benefit Republicans.” The case could have a major impact on how district lines are drawn up nationwide.The court has said that too much partisanship in map drawing is illegal, but it has never said how much is too much. We were assigned to find out whether the gerrymandering in the case was justiciable or not. After 3 class periods of research and then some we have come to the conclusion that the political gerrymandering that happened in this case is not justiciable. It is not justiciable because gerrymandering isn't in the constitution, a very similar court case happened and it was not justiciable and lastly Insert: Mattie’s Argument (Shorter Form For Thesis Statement)…
In Gibbons v. Ogden, the Supreme Court held that the word commerce comprehended navigation, and that it had the power to regulate navigation. Secondly, the Supreme Court held that navigation involved the control of navigable waters, and included the power to keep them open and free from obstruction, and to make improvements. Thirdly, the Supreme Court concluded that under the commerce clause Congress had the power to authorize improvements in waters within the limits of a state…
Requirement 1: The definition of precedent is an earlier event or action that is regarded as an example or guide to be considered in subsequent or similar circumstances. Requirement 2: Case 1: Mahe v. Alberta Summary: The Mahe v. Alberta case is on the concept of language rights. The ruling is notable, as the court established that section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language education rights to French-speaking communities outside Quebec.…
Facts: Gregg argues that capital punishment is cruel and unusual, so it violates his constitutional rights protected under the Eighth Amendment. In 1972 the U.S, Supreme Court ruled in Furman v. Georgia, that the death penalty couldn’t be used in an arbitrary manner, in any state.…
The State of New York refused to give Gibbson the right away to the Hudson Bay, so in retaliation he sued Ogden. The case ended up going before the Supreme Court, and Chief Justice John Marshall made it known in this case that the intent of the Constitution was to have congress, not the states, regulate interstate commerce. His decision ruled that congress could under the Constitution regulate activities that affected the interstate…
Rockmont Precision Tooling has proven to be very successful in the last few years due to its high productive capacity. Despite the fact they are a relatively small southern manufacturer of farm machinery, with 1,600 employees, they have been competing well in its domestic as well as the international markets.…
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.…