The Defendant, in turn, has filed a countersuit against The Company on the grounds of wrongful termination. Information about the termination was given to The Defendant after she reported that she would be requiring additional time off due to high-risk factors related to her…
28. Eagle Products, Inc., breaches its contract with Federated Stores Company. Federated files a suit to recover compensatory damages, which are normally assessed to - compensate a nonbreaching party for the loss of a…
A court is required to use long-arm jurisdiction over persons and businesses in another State when a civil wrong is committed within a State; when there is a contract in the State or a contract affects the State and when a business is transacted that allegedly cause injury to another person. “long arm jurisdiction is a statutory grant of jurisdiction to local courts over foreign ("foreign" meaning out-of-state) defendants. A state's ability to confer jurisdiction is limited by the Constitution. This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant…
Petitioner is represented by the law firm Sullivan & Hart, which submitted all pleadings to the court and whose name was featured within the signature block of each document throughout the suit. (Id.) During discovery Respondent issued several request which were properly served to Petitioner’s counsel,…
2. Defendant is a corporation with is principal place of business in [name of state] and carries on business in [state where court is located].…
To have standing to sue, a party must have complaining sufficient stake in a matter to justify seeking relief through the court system.…
Based on the information provided in the first hypothetical case problem in our text, if Javier decided to sue Energy-Auto Inc., Javier would be the plaintiff (the entity that is suing) and Energy-Auto Inc. would be the defendant (the entity that is being sued). Javier could sue in New York as our text states “… the action should be brought in the state with closer ties to the litigants or the subject matter of the action” (Rogers, 2012, sec. 1.2). He could also sue in Oklahoma, as that is where Havier was injured, so long as he provides due process (service of process). His injury in Oklahoma meets the minimum contact requirement for personal jurisdiction. “Minimum contacts may consist of doing business in the forum state, causing an injury there, or owning real estate there” (Rogers, 2012, sec. 1.2).…
This Court should grant the Plaintiff’s Motion for Summary Judgment because this Court should apply the law of East Kansas. This case involves a conflict of law issue because West Kansas’s law provides that worker’s compensation is the exclusive remedy for employees, who are victims of intentional torts, while East Kansas says that worker’s compensation is not the exclusive remedy. Under the governmental interest approach to conflicts of law, this Court should resolve this conflict in favor of East Kansas because it has an interest in applying its law, while West Kansas does not.…
The case I have chosen is Meras Engineering, INC., et al. (Plaintiffs) V. CH20, INC., et al., (Defendants). Meras Engineering is a provider of water treatment solutions. They develop products that treat industrial and agricultural water applications. CH20 is a similar company that provides clients with chemicals that control the biological fouling in cooling towers. Rich Beriner and Jay Sughroue were employed by CH20 and signed a non-compete agreement during their employment. They both left CH20 and went to work for Meras. According to their non-compete agreement from MERAS v. CH2O, INC Northern District of California (2013) “after they ceased working for CH20 they would not work for “any business of similar nature to that of [CH20] which is in competition with [CH20]” for the period of three years”…
Personal jurisdiction “is defined as the power of the court to hear and determine a lawsuit involving a defendant having some contact with the place the court is located” (Kubasek, N. 2012). The business owners of this case, Chris, Matt, and Ian, all live in California. They sell an aftershave lotion called Funny Face over the Internet, and contract this business through a company called Novelty Now Inc. that is based in Florida. The company Funny Face committed fraud by substituting a lower cost chemical emulsifier to increase the profit margin. This chemical is not FDA approved.…
XYZ Counseling Agency, a Limited Liability Company, hired Chuck as an anger management counselor. Two months ago during a counseling session with a client named Wilbur, Chuck became very angry at Wilbur's failure to improve and beat up Wilbur. A week earlier, XYZ Counseling had counseled Chuck about an incident in which he grabbed a client by the arm and shook him. XYZ Counseling has a specific policy against violence and has disciplined employees who violate it, but it has never terminated anyone for such conduct. Five years ago, Chuck was fired by another counseling firm after he hit a client. Wilbur has sued XYZ Counseling AgencyXYZ…
CT236 Principles for implementing duty of care in health, social care or children’s and young people’s settings.…
Tolemite will get a 10% royalty from CKC when they win the lawsuit. Moreover, they can make revenue from other company through similar suit when they win this lawsuit. But they had huge risk. If Tolemite lose the suit, they might get zero revenue in the Varacil market. Because losing suit means that the patent of Tolemite is invalid. In this reason, this suit has the chance that the best result and the worst result to Tolemite.…
Plaintiff: A plaintiff, also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit (also known as an action) before a court.…
The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. The Federal Court hears appeals from the Court of Appeal. Leave to appeal must always be obtained prior to proceeding with the appeal. The Federal Court is headed by the Chief Justice. According to Article 122(1) of the Federal Constitution, the Federal Court shall consist of the Chief Justice, the President of the Court of Appeal, the two Chief Judges of the two High Courts and seven other judges. All its members are appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers. Before tendering his advice, the Prime Minister shall, except for the appointment of the Chief Justice, consult the Chief Justice. Article 122(1A) of the Federal Constitution, allows the Yang di-Pertuan Agong, acting on the advice of the Chief Justice, to appoint any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court. Every proceeding in the Federal Court is according to section 74 of the Courts of Judicature Act 1964, heard and disposed off by three judges or such greater uneven number of judges as the Chief Justice may in any particular case determine. In the absence of the Chief Justice the most senior member of the Court shall preside. Article 122(2) of the Federal Constitution provides that the Chief Justice, if he considers that the interests of justice so require, may nominate a judge of the Court of Appeal other than the President of the Court of Appeal to sit as a judge in the Federal Court. The Court sits on such dates and at such places as the Chief Justice may from time to time direct. Normally the Federal Court sits at the Palace of Justice in Putrajaya. However the Federal Court also goes on circuit to the major towns of Penang, Ipoh, Kota Bharu, Johor Bahru, Alor…