Rudolph A. Hardman, Frances N. Hardman and Hardman, Inc. Appellants, v. United States of America, Appellee, 827 F.2d 1409 (9th Cir. 1987)…
In the case Reeves v. Ernst & Young there was an agricultural cooperative entitled Security the Farmer’s Cooperative of Arkansas and Oklahoma that numerous members (23,000). In order to raise money to support its general business operations, they sold to investors promissory notes that were payable upon demand. This note was showcased to all including members and non-members and noted that it was an “investment program” and offered higher interest rates. Co-op accumulated more than 1,600 people that purchased the notes, totaling $10 million but later Co-op filed for bankruptcy. There was a law suit filed by a class of holders stating that there was a violation of Section 10(b) of the Securities Exchange Act of 1934. When considering the…
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,…
On June 13th 2003, Patterson was walking through the common area of the University Park Mall ( the Mall) when she slipped and fell on a liquefied cheese substance, “which was like cheese whiz”. Due to the high volume of traffic, Patterson did not see the cheese substance prior to the fall, as she and her daughter passed through the mall that day. Patterson states she did not see anyone trying to avoid the cheese before she slipped nor did she notice anyone dropping it just prior to her fall. She states she did not notice anyone with cheese on their shoes or anyone who was tracking it with their feet.…
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.…
On the allegations related to the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, and the Minnesota Human Rights Act, the parties agreed that McDonnell Douglas analysis applies (McDonnell Douglas Corp. v. Green). Applying McDonnell Douglas means that the plaintiff must establish a prima facie case of discrimination. At that point, the defendant must produce a legitimate non-discriminatory reason for its actions. In response to the defendants reasoning, the plaintiff must then demonstrate that the nondiscriminatory reason offered by AEFA was a pretext for…
The legal issue in this case is Penny Bachelder claims her employer, America West Airlines, violated the Family and Medical Leave Act of 1993 ("FMLA" or "the Act") when it terminated her in 1996 for poor attendance. Bachelder countered that according to the regulations implementing the FMLA, she was entitled to have her leave eligibility calculated by the method most favorable to her. Under a calendar year method of calculating leave eligibility, she contended, her February 1996 absences were protected by the FMLA, and America West had violated the Act by relying on those absences in deciding to fire her. The district court granted partial summary judgment to America West, holding that Bachelder was not entitled to the Act 's protection for her 1996 absences. Bachelder appealed the district court 's subsequent finding, after a bench trial, that, in deciding to fire her, America West did not impermissibly consider FMLA-protected leave she took in 1994…
General Motors will pay $900 million to a criminal charge that is from the flawed ignition that has caused at least 124 deaths. The problem with the ignition is that it could shut off the car, which disables the airbags, steering, and power brakes. With this flaw it puts drives and anyone in the vehicle at risk. General Motors employees have been aware of this issue for almost 10 years before the recall. It is not illegal to sell a car that has an issue with it. The reason the company is being charged is for not reporting and stating that it has an issue.…
In the years leading up to the Civil War, the constitution did not provide a clear answer for deciding whether or not a slave had the same rights as a person. The federal government faced a divided country, and passed laws enforcing the return of slaves to their owner’s states, such as the Fugitive Slave Act. Contradicting this were “personal liberty laws,” which allowed states to decide who would be considered a person in their territory. However, both the Fugitive Slave Act and “personal liberty laws” were challenged in the Dred Scott v. Sanford case. The ambiguity of the constitution would lead to a four-year-long war between the Northern and Southern states.…
Facts: The evening of May 4, 1982, Charma and Hugh Riddle were in their living room watching television. Mrs. Riddle proceeded to leave the room to go to the bathroom, but was surprised to find “respondent Cartwright” in the hallway with a shotgun in his hands (1). Charma Riddle fought with Cartwright for the gun, but Cartwright was able to shoot Mrs. Riddle twice in the legs. Apparently Mrs. Riddle was familiar with Cartwright as he was a “disgruntled ex-employee” of the couple (1). Cartwright then went on to the living room where Hugh Riddle was and shot and killed him. While Cartwright was tending to Mr. Riddle, Mrs.…
This case was called Burwell v. Hobby Lobby Stores, Inc. The family is going against employment-based health care plans that are under the patient…
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…
Question Presented: Is the Defendant liable to the plaintiff for the tort of wrongful death of the plaintiff’s child when the defendant negligently operated his vehicle and struck his vehicle onto the plaintiff resulting in the death of her child even though the child was a fetus at the time of the accident.…
The question before the Supreme Court concerning the Young v. UPS. Does the Pregnancy Discrimination Act require an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar, but non-pregnancy related, work limitation? (http://www.oyez.org/cases) Samuel Bagenstos on behalf of the petitioner argued that UPS violated the second clause of the PDA. To his understanding the second clause means an employee seeking accommodation or benefits due to pregnancy is entitled to the same accommodation the employer would provide to an employee under the same restriction, but is not pregnant (http://www.oyez.org/cases). He contended that the second clause adds nothing to the first…
United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments.…