Patrick Haines JLC 101 Prof. Edelson 9/11/14 Hawkins v McGee case brief Case Name: Hawkins v. McGee‚ 84 N.H. 114‚ 146 A. 641.(1929) Facts: Mr. Hawkins‚ the Plaintiff had undergone reconstructive surgery by Dr. McGee‚the defendant‚ in order to remove scar tissue on his hand that had resulted from an electrical wire accident nine years prior to the transaction. The procedure called for the removal of the scar tissue from his palm and the grafting of skin from his chest in its place. When asked about
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Procedural History: Plaintiff brought suit against defendant for fraud and breaches of warranty. Summary judgement granted in favor of defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a
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Johnson v. Misercordia Hospital Case Analysis State the issue in controversy In 1980‚ patient (plaintiff) James Johnson filed suit against Misericordia Community Hospital alleging medical malpractice. The suit specifically alleged corporate negligence in the appointment of Dr. Lester V. Salinksy (independent member) to the medical staff at Misericordia Community Hospital. During the surgery‚ Dr. Salinsky severed the femoral artery‚ resulting in partial paralysis
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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Judy Sal DATE November 11‚ 2011 Costanza v. Seinfield 181 Misc. 2d 562; 693 N.Y.S.2d 897 (1999) Parties: Petitioner: Costanza Respondent: Seinfield Facts: The plaintiff‚ Michael Costanza alleges that the television show‚ “Seinfield” has a character by the name of George Costanza who is based off of him without his consent. The character is bald‚ fat‚ has bad romantic relationships‚ and poor employment. Plaintiff alleges that “Seinfield” has portrayed him in a negative‚ humiliating
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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict‚ knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal‚ Blankenship‚ the chairman‚ CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close
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Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn‚ Lord Hope‚ Lord Walker‚ Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester‚ the plaintiff‚ suffered from low back pain since 1988. During 1994‚ Miss Chester was referred to Mr. Afshar‚ a neurosurgeon‚ who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure
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Flagiello Case Brief Type of Court - Supreme Court of Pennsylvania Facts of the Case - Mrs. Flagiello was injured due to negligence while staying at the hospital - Mrs. Flagiello and her husband want compensation for time spent in hospital‚ loss of potential earnings‚ and added medical expense - Hospital was a charitable organization Legal Issues in the Case - Does charity grant the hospital immunity from such cases? - What was lost during the extra time spent in the hospital? - Was the
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Lucy v. Zehmer Case Brief Facts: Lucy made an offer to Zehmer one night while at his restaurant to purchase Zehmer’s farm for $50‚000. Zehmer and Lucy both signed an agreement that promised Zehmer would sell the farm to Lucy. Zehmer claimed later that the agreement to sell the farm was made when they were both drinking at Zehmer’s restaurant and that he only meant the acceptance as a joke. Zehmer didn’t believe that Lucy’s offer was genuine since they were both drinking and went along with
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