The State of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statutory requirement is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or detour around the State of Confusion. The federal government has no regulations concerning these truck hitches. Tanya Trucker, who owns a trucking company headquartered in the State of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against the State of Confusion to overturn the statute.…
I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim?…
It is about whether the statute is constitutionally valid under the Dormant Commercial Clause (DCC). The State argues that all trucks must be equipped with certain types of protective devices to promote safety on the roads. The cost of the safety devices is approximately $1195 per truck. The Plaintiff, BBT, alone owns 89 trucks in its fleet. The regulation like this would impose a significant financial burden on the company like BBT as well as would put a hindrance on the trucking industry…
Boynton v. Virginia The supreme court said the interstate passengers were protected by the Interstate Commerce Act…
Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson, a stockbroker with E. F. Hutton & Co., Inc., and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year, Johnson churned Pusateri’s account to make commissions and invested Pusateri’s funds in volatile securities and options. Johnson kept telling Pusateri that his account was making money, and the monthly statement from E. F. Hutton did not indicate otherwise. The manager at E. F. Hutton was aware of Johnson’s activities but did nothing to prevent them. When Johnson left E. F. Hutton, Pusateri’s account—which had been called the “laughingstock” of the office—had shrunk from $196,000 to $96,880. Pusateri sued E. F. Hutton for damages.…
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING, ) ) Plaintiff. ) ) ) v. ) ) ANHEUSER-BUSCH COMPANIES, INC. ) ) Defendant. ) ____________________________________) COMPLAINT Comes Now the plaintiff, Justin King, by and through his attorney, states as follows: PARTIES AND JURISDICTION 1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois. 2. Defendant is a corporation with its principal place of business in Missouri and carries on business in Illinois. 3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs. 4. Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Cook County, in United States Court for the Northern District of Illinois. COUNT I: ________ 5. On or about April 8, 2011, plaintiff Justin King, while in the exercise of due care, was operating his motorcycle on Interstate 57, heading in a south direction, in the City of Paxton, Illinois. 6. On the occasion in question, defendant, Frank Cuellar, a resident of Illinois, was operating a truck owned by Anheuser-Busch as its agent, and was traveling in a south direction on Interstate 57, so called, a public highway in the City of Paxton, Illinois. 7. On the occasion in question, plaintiff Justin King was traveling south on Interstate 57 in Paxton, IL on his motorcycle when he noticed a truck with Anheuser-Busch logo traveling behind him headed in the same direction. The plaintiff noticed Mr. Cuellar flashing his headlights requesting to pass the plaintiff and proceeded to switch lanes. Justin King then changed lanes to the right hand lane…
4. The US Supreme Court can review a decision by a state’s highest court only if a question of federal law is involved. T…
2. business purchased supplies and carpet the amount of supplies 500 and the amount of carpet was $50 paid in cash…
The eleventh amendment forbids the federal government from taking jurisdiction over lawsuits filed against states by citizens…
Drawing from the premise of the Constitution’s Supremacy Clause and the Supreme Court’s interpretation, federal law can preempt state law in two ways. First, federal law can preempt state law when federal law…
a. Article III Section 2 says that the Supreme Court has jurisdiction in cases where there are citizens of two different states.…
How far do you agree that Jack represents disorder and savagery in the novel? You should refer closely to his words, to events and to actions and opinions of other characters in your answer. (Chapters 1-4)…
80. As courts decide cases involving the Internet and new kinds of issues not addressed previously, what role, if any, does precedent play? What role should it play? What difficulties could arise?…
A major case that shows the inconstancy in the state and why furthermore it should be a federal issue is the Arizona case. In the Article prepare by “Federal preemption of state immigration enforcement laws like Arizona’s S.B. 1070 makes perfect sense. The U.S. government should be able to enforce the immigration laws without interference from the states. The issue in this case was whether a state could supplement federal immigration law with its own laws. The answer was crystal clear: States are not welcome. According to “A state cannot, as Arizona sought to do, pursue its own state immigration enforcement policy. Such a patchwork approach to immigration law, with possibly 50 different policy variations, can allow the nation’s relationships with foreign countries to be held hostage to a rogue state or…
-Bona Fide Occupational Requirement: is a genuine requirement for a job, such as, for example, the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason.…