FACTS Fitness center member Gina Stelluti sustained various injuries while participating in a fitness class. The plaintiff in this case claimed that her injuries were the result of the defendant’s negligence in regards to failing to repair the broken exercise bike, which had caused the injuries to the plaintiff. The defendant had filed for a motion for summery. The original trial court had granted that request. This request was granted due to a liability contract that cleared the defendant of negligence and gross negligence.…
Plaintiff, for all times mentioned herein, was and is a resident of the County of Jackson, State of Missouri.…
Regardless if a corporation is an instrumentality agency if a foreign state owns the majority shares of the company at the time of a lawsuit brought against them it gives rise to possible litigation (Dole Food Co. v. Patrickson). The requirements of FSIA can define if a company is eligible for the instrumentality status. The instrumentality status also determines if a company’s jurisdiction and ownership are met due to the fact these are two critical elements.…
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.…
Facts of the Case: In early 2000, an African-American name James Daniel, Jr applied for an Executive Team Leader position with Target. He was given tests, which he passed placing him in a very high percentile of those who have been previously tested. Unfortunately he was not hired, and was given the explanation of not meeting the requirements of the position. Daniels did not receive any feedback as to what requirement he was meeting in the interviewing process. Later three other African-American applicants, Kalisa White, Ralpheal Edgeston and Cherise Brown inquired about the same position involving contact with the Store Team Leader Matthew Armiger. White sent her resume and called to schedule an…
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.…
In contrast to this case, there are cases where religion is favored over cooperation. In one example EEOC v. Red Robin, where Red Robin was against an employee with two tattoos of verses on his wrist. They told him that if he did not cover up his tattoos, he would not be able to serve. Red Robin argued in part that the employee had standards that the tattoos conflicted with the companies’ family image. The only evidence that Red Robin had against these tattoos was a statement saying that they “seek to represent a family-orientated and kid friendly image (Flake).” But since there was no evidence to point that the customers complained about the tattoos. In the end the employee was paid by Red Robins $150,000. More cases are building up over this…
The EEOC filed suit complaining that FedEx violated Title I of the ADA by failing to provide reasonable accommodations and for discharging him in retaliation for his discrimination complaint. Additionally, the complaint sought compensatory damages (i.e., damages paid to compensate the claimant for actual injury or harms they suffered) and punitive damages (i.e., exemplary damages paid to penalize the defendant) for their alleged failure to act in good faith, and for malice and reckless indifference to his federally-protected rights under the ADA. The district court of Maryland awarded Lockhart the sums of $8,000 in compensatory damages and $100,000 in punitive damages, based on a jury finding against FedEx for failing to reasonably accommodate Lockhart under the ADA.…
On June 15, 2006, the Settlement of this action was approved by the Superior Court. Loblaws would pay $150.00 to each class member and all the cost of notification, administration, and distribution of the settlement fees. However, Loblaws supermarkets and loblaw companies didn’t admit any wrongdoing or liability on their part. The settlement has been made to maintain loblaws’ good will with its customers and its concerns with the inconvenience they may have sustained as a result of this…
According to the law case EEOC v. FREEMAN, the EEOC filed a law suit against Freeman and alleged the company’s hiring policy which includes criminal background and credit history checks, has a disparate impact on African-American, Hispanic, and male applicants. And the material fact of this case is whether Defendant’s hiring criteria of conducting criminal background and credit history checks is consistent with business necessity. Since the Defendant was charged by the EEOC with unlawful discrimination in this case, the source of law is the Title VII of Civil Rights Act of 1964. “Title VII prohibits discrimination in hiring, firing, trainings, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett- Alexander & Hartman, 2011).…
Summary of Key Facts A. Deborah Weisman graduated from Nathan Bishop Middle School, a public…
Plyler v. Doe was one of many legal cases we talked about over the course of this semester in our SEI class. This case was the most interesting to me and so I thought I would share my knoedlge on this court case. This court case was brought to the suprieme court where the defendant was Plyler and the plaintiff was Doe. The Doe family was of Mexican orgin and were from Texas. The definedants argued that undoumented children were not “persons” and this was very alarming to me! The state was denying all funding to children in grades k-12 who were immigrants while trying to charge these people a large tutition fee for each undocumentedd student. They were denying students of education becuase of their status. They wanted this to compisate for…
References: Dontigney, E, (2012). Advantages and disadvantages of affirmative action in the workplace. Retrieved from http://smallbusiness.chron.com/advantages-disadvantages-affirmative-action-workplace-18141.html…
Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground, and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However, one six years old boy climb onto the flat roof of the bowling alley and while he is running, tripped and fell to the ground. But Marie-Claude continued to order the child off the roof by several times when he was on the roof.…
The written piece from Food Justice by Robert Gottlieb and Anupama Joshi goes over the issues surrounding access to fresh food, communities of color, dominance of corporations and defines key environmental terms. It is overwhelming to acknowledge the seriousness and desperation that is displayed in the writing of this book. One aspect of the reading that stood out to me is the defining of terms such as food desert and how this term describes the realities of the living conditions of communities of color and my community in particular. The lack of access to fresh food, full-service markets and the congestion of communities of color with fast food chains and liquor stores are information that I am recently being exposed to and knowledgeable about;…