Inland Metals
Inland Metals
R. Williams Construction Company v. OSHRC is a case regarding the rules and regulations of OSHA verse the practices of a construction company. OSHA (Occupational Safety and Health Act) is a government regulated organization that was created to ensure the safety of employees while on the job. The regulations of OSHA have been put in place to eliminate and/or reduce the number of on the job injuries and deaths. Therefore, legal issue of this case is whether or not the courts should hold the construction company responsible for specific violations of OSHA standard regulations. Yet, in the case of Williams Construction the company was put under investigation by OSHA after a trench collapsed at a construction site, which resulted in the death of one employee Jose Aguiniga and the serious injury of another employee by the name of Adam Palomar. Once OSHA completed their investigation, they charged Williams Construction Company with four violations that carried hefty fines. The violations found from the investigation included:…
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.…
Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also, seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed.…
FMC also presented evidence showing that the government owned “facilities” and equipped at the plant used in the treatment of hazardous materials.…
Mr. Wayne Beatty, the plaintiff brought a claim against his former employer Canadian Mill Services Association (CMSA), the defendant is suing for wrongful dismissal and contending he is eligible for increased damages due to the way the dismissal was handled. The damages include an additional 13 months’ notice and for the loss of a number of fringe benefits.…
The case that I selected was in the area of law concerning employee confidentiality agreements and trade secrets. My employer, Eaton Corporation, is the plaintiff in this case and was the second reason for its selection. I personally have been involved in trade secret discussions with colleagues regarding information that was deemed “trade secret” and I wanted to find out more about it which is the third reason for this topic to be selected.…
rehearing and the divided court again reversed the jury verdict in a 3-2 decision, prior to which the…
The New York Court of Appeals decision should be upheld in regards to Riggs et al v. Palmer case because one should not be granted inheritance by murdering one’s ancestor. For this reason, the New York Court of Appeals has decided on a naturalistic approach, which has deemed Elmer Palmer guilty for murdering his grandfather, thereby prohibiting Palmer from getting anything from his grandfather’s will. This essentially means that the court argues that judges use their morals in order to determine the outcome of cases. Therefore, rejecting the idea that it is morally acceptable to murder someone in order to personally benefit from their death. As a result, there has been a heated debate between naturalists like Judge Earl who argue that Elmer…
Martin McFadden was a police officer in Ohio who noticed that two individuals appeared to be acting suspiciously. While watching these people from his police car, Officer McFadden noticed that these two men appeared to be planning a criminal attack. The two men were walking back and forth in front of a store while conspiring with each other. When McFadden approached the two men and identified himself as a law enforcement officer, he walked them down the street and frisked them for weapons or illegal drugs. When searching the men, Officer McFadden found a handgun. The individuals were taken into police custody and charged with carrying a concealed weapon.…
In 1965 a group of individuals in Des Moines held a meeting to protest the Vietnam War. The group decided to fast and wear armbands as a sign of there disapproval. The principals of the Des Moines schools heard of the armband protest and adopted a policy banning any student from wearing the armbands at school. Any student caught wearing the armband at school would be asked to remove it, and if he refused he would be suspended until he returned without the armband. John Tinker and several other students decided to wear the black armbands to school and in return they were sent home until they would come back without the armband. The students did not return back to school until after New Years day. The complaint was filed in the United States District Court in which was dismissed due to the constitutional authority of the school to prevent disturbances.…
Mr. McCleskey was a Black man, that was convicted of two counts armed robbery and one count of murder in the Supreme Court of Fulton County, Georgia. His convictions were due to the robbery of a furniture store and the killing of a white police officer while the robbery was occurring. There was evidence presented at trial that proved one of the bullets to be from a .38 caliber Rossi revolver, which fit the description of the gun McCleskey was carrying, and two witnesses who had heard McCleskey had admitted to the shooting.…
"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This was the main argument from Justice Abe Fortas that came into play at the Tinker v. Des Moines School District Case of 1969. The case involved a small group of students who silently dissented against the government’s policy during the ongoing Vietnam War by wearing black armbands to school. In response by the school administration, each of those students was suspended from the public schools they attended in Des Moines, Iowa. This case is a prime example of the Constitutionally protected symbolic speech we have rights to, and especially to what extent it is allowed in public schools.…
According the Fourth Amendment, “protection applies only to situations where an individual has a subjective expectation of private that society willingly recognizes as reasonable” (Maras, 2015, p. 84). Thanks to the decision in the Katz v. United States case, the “reasonable expectation of privacy” test is used to established when law enforcement are allowed to conduct a search that does not violate one’s privacy (Maras, 2015). Information that is meant to be private and is contained in technology devices can be protected under the Fourth Amendment because the person’s intentions are to keep the information from the public (Maras, 2015). For example, in the Katz case there was a phone conversation that was admitted as evidence, but later found…
Facts of the Case: In this appeal, DeWayne Sutton, an employee of Tomco Machining, Inc. claimed that he injured his back on the job while disassembling a chop saw. Sutton alleged that he was fired within one hour of reporting the workplace injury to Tomco’s president, Jim Tomasiak. No reason was specified in the termination; however he was told the firing was not due to his work ethic or job performance or because he had broken any work rule or company policy.…
Sixty years after the verdict on Donaghue’ case, Australia passed a statutory code that deals with defective goods. The only completed action brought under Part VA was the…