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.…
Tyson Foods, Case No. 2-103 / 11-1186, is a prime example of an Iowa appellate court being relied upon to provide justice to each member of the case during a lawsuit filed against a corporation. Refugio Orozco Serratos (plaintiff) sued his employer Tyson Foods (defendant) because he believed the factory he worked in provided employees with unsafe working conditions, which lead to health issues amongst himself and his fellow co-workers of Tyson Foods. Mr. Serratos attempted to sue Tyson Foods over chapter 85A of the Workers’ Compensation Act because he believed his Chronic Obstructive Pulmonary Disease (COPD) was brought about directly from his working experiences and conditions at Tyson Foods. Ultimately, Mr. Serratos was not found in favor of this particular case because he could not prove his COPD was directly caused by his working conditions, especially since doctors believe his COPD could partially be a result of his past of…
The National Coffee Association advises that coffee should be brewed at 195 to 205 degree Fahrenheit for the ideal extraction and served at 180 to 185 degrees Fahrenheit. The law firm of Gallivan, White and Boyd gave their opinion that “Just because a product can cause serious injury when handled negligently doesn’t not mean that product is unreasonably dangerous when and if used properly” (The Original Hot Coffee Product Liability Case, Gwblawfirm.com). I believe the severity of Liebeck’s injuries and her old age is what made the jury feel sympathetic and side against McDonalds restaurants. Liebeck argued that there was no warning label on the McDonalds coffee cup to inform the customer. However on McDonalds promotional poster and on their website there was sample picture that showed “Caution: Contents Hot” in an orange text on the cup. In my opinion I do not think McDonalds should have been held accountable for Liebeck acting careless with hot coffee. However, McDonalds should have covered Liebeck’s medical expenses out of good faith since they could easily afford it. McDonalds sending Liebeck for $800, which didn’t even cover half of her medical bills, displays McDonalds lack of concern and sympathy for Liebeck’s horrendous injury. Even worse, from 1982 to 1992, McDonalds coffee has burned more than 700…
On a morning in early December 1993, plaintiff-appellant Paul Nadel was driving his son, plaintiff-appellant Christopher, and two younger daughters, Ashley and Brittany, to school.1 Paul's mother, plaintiff-appellant Evelyn Nadel, was seated next to the passenger window. Christopher was seated in the front seat between Evelyn and Paul, with one foot on the transmission hump and one foot on the passenger side of the hump. Brittany and Ashley were in the back seat. On the way, they ordered breakfast from the drive-through window of a Burger King restaurant owned and operated by defendant-appellee Emil, Inc. (“Emil”) under a franchise agreement with defendant-appellee Burger King Corporation (“BK”). Paul's order included several breakfast sandwiches and drinks and two cups of coffee. The cups of coffee were fitted with lids and served in a cardboard container designed to hold four cups, with the two cups placed on opposite diagonal corners. Emil's employee served the coffee through the car window to Paul, who passed it to Christopher, who handed it to Evelyn.…
Lawler Foods was sued due to racial discrimanation in December 2014. There were a number of African Americans and hispanics that felt they were victims of discrimination and filed a lawsuit with the EEOC. It became a Civil Action lawsuit. The victims alleged the company violated many laws, denying them the opportunity to be hired for jobs. “Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of race and national origin” (EEOC, 2016). A decision was reached and Lawler foods would pay people involved in the settlement $1,042,000 and only be able to hire applicants based on the skills they display and needed for the job required. The company could also consider applicants’ talent. The…
This court case took place in the United States Supreme Court in the Northern District of Indiana. The plaintiff in this court case is Deborah White, represented by Amanda Babbitt and Jackson Walsh. The defendants are Patrick Gibbs and O’Malley’s Tavern, represented by Benjamin Walton and Jordon Van Meter. Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendents. A summary judgment is granted only if all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary…
1) CITATION: McDonald V. City of Chicago, III., 130 S. Ct. 3020- Supreme Court 2010…
Ms Liebeck spilled her coffee on herself which caused her to get burned. She sustained 3rd degree burns because the coffee was brewed at a higher temperature than other restaurants. The case was ruled in favor of Ms. Liebeck. The jury declared McDonald’s negligent because their coffee was found to be 20 degrees hotter than it should have been. McDonald’s had received many complaints about their coffee being too hot and failed to do anything about it. So their actions were considered to be reckless because they did not warn their customers about the temperature of the…
In article “You Asked for it, You got it…Toy Yoda: Practical Jokes, Prizes and Contract Law” by Keith A. Rowley, the professor of the University of Nevada, is discussing a case of Berry v Gulf Coast Wings Inc.…
April 19, 2011 the lawsuit over Taco Bell’s beef was terminated. The California woman renounced the lawsuit willingly. Taco Bell did not change its products, ingredients or advertising. Taco Bell’s sales were suffering in February, 2011 because of the lawsuit in the United States (Stempel, J., 2011). The lawsuit valued the damages at $5,000,000 meaning that Taco Bell misrepresented the use of ingredients as seasonings (Nowak, M., 2014). The suit requested the court to require that Taco Bell to properly label its product as taco meat filling to make the public aware of the true content of its food. They provided the detailed list of their beef. The suit lasted two months. Taco Bell denied all allegations about their beef being falsely advertised.…
Judicial Restraint and Judicial Activism in McDonald v. City of Chicago Judicial Restraint is when the Supreme Court restricts their powers to avoid making any changes to public policy, unless that policy is unconstitutional. When applying judicial restraint to cases, the courts stand by stare decisis (previous decisions of the court), uphold current law, and hold strictly to the text of the Constitution. They think that by only interpreting the constitution and not creating new laws, that they are preserving the laws that this country was founded on. Judicial activism is the opposite.…
For each legal issue the film provided a case or story in order for the viewer to better understand the situations at hand. The first case provided was the case of Stella Liebeck v. McDonald’s, the case of the hot coffee. Mrs. Liebeck’s family thoroughly and genuinely explain the case, differing in facts and tone from the media and tort reform…
Procedure: The jury first found for Mr. Faverty. Then Faverty filed suit against McDonald’s, and McDonald’s appealed.…
McDonald v. City of Chicago, 130 S. CT. 3020 (2010)." Harvard Journal of Law & Public Policy 34.3 (2011): 1117-1130. Academic Search Premier. EBSCO. Web. 3 Oct. 2011.…