EBC I‚ INC.‚ Formerly Known as eTOYS‚ INC.‚ by the Official Committee of Unsecured Creditors of EBC I‚ Inc.‚ Respondent‚ v. GOLDMAN‚ SACHS & CO.‚ Appellant. Court of Appeals of the State of New York. 5 N.Y.3d 11 (2005) Before Chief Judge KAYE and Judges G.B. SMITH‚ ROSENBLATT‚ GRAFFEO and R.S. SMITH concur with Judge CIPARICK. Judge READ dissents in part in a separate opinion. OPINION OF THE COURT CIPARICK‚ J. Plaintiff‚ the Official Committee of Unsecured Creditors of EBC I‚ Inc.‚ formerly known
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shape our literary world today‚ and help us understand governement and its intended purpose. In V for Vendetta‚ we are introduced to a society where the government uses survelence‚ fear‚ and physical violence to ensure the country’s stability. What lies benaeth this surface however‚ is an entirely different world of rebels‚ terrorists that stand for justice‚ and innocent people being oppressed. In animal farm‚ readers are shown a similar type of society. In both novels there is a struggle for power‚
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The case of Hopkins v. Spring Independent School District the Texas Supreme Court had another decision to make in reference to school district liability under the Tort Claims Act. In this case an elementary student in Spring I.S.D.‚ Adeline Hopkins‚ allegedly sustained an injury to the head after being pushed into a stack of chairs in a room at school. Adeline had cerebral palsy and was prone to certain behaviors that occurred after the incident. While at school that day she had mild convulsions
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Josh Renville‚ an 18 year old student attending Fargo North High School has petitioned against the school in question for violating his first amendment right to freedom of speech. The school prohibited Renville from using a photograph in which he his holding his favorite rifle for his senior portrait in the yearbook. Renville claims that by prohibiting the photograph‚ the school is infringing on his rights to freedom of symbolic speech. Despite Renville’s claims‚ the actions taken by the administrators
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Behihana of Tokyo‚ Inc. v. Benihana‚ Inc.‚ 906 A.2d 114 (Del. 2006) Facts: Rocky Aoki founded Benihana of Tokyo‚ Inc. (BOT)‚ and its subsidiary‚ Benihana‚ which own and operate Benihana restaurants in the United States and other countries. Aoki transferred his 100% ownership of BOT to Benihana Protective Trust in 1998 in order to avoid licensing problems stemming from his conviction on insider trading charges. Benihana‚ a Delaware corporation‚ had two classes of common stock. There were 6 million
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What is a Case Brief? A case brief is a condensed‚ concise outline-form summary of a court opinion. Hence‚ the term “brief.” It is generally used for more efficient self-study (it’s easier and more simple than re-reading a 100-page long case every time you want to refresh your memory about the case). It is also used to present the case to others (it’s easier and more simple than reading a 100-page long case verbatim). In other words‚ a case brief boils down a court opinion to the key elements
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McCann v. Wal-Mart Stores‚ Inc. Louisiana Eastern District Court 210 F.3d 51 (1st Cir. 2000) Fact: Debra McCann and two of her children (Jillian‚ and Jonathan) were shopping in Bangor‚ Maine Wal-Mart on December 11th‚ 1996. After about an hour and a half‚ the McCann’s paid for their purchases and proceeded to leave the store. On the way out two Wal-Mart employees (Jean Taylor and Karla Hughes) blocked their path to the exit and stood in front of the McCann’s’ shopping cart. Note Taylor may have
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FANE LOZMAN v. CITY OF RIVIERA BEACH‚ FLORIDA‚ 1/15/13 11-626 B 568/1 LOZMAN v. CITY OF RIVIERA BEACH‚ FLORIDA was a case brought upon the Supreme Court questioning what kind of floating structures fall under maritime jurisdiction. The Supreme Court’s ruling in this case was decided after an immense struggle of questions pertaining to an array of issues. These issues‚ among others‚ include the definition of the word “vessel” and the necessities needed for a watercraft to be practically capable
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Stacy Sloas HON 2060 Prof. Uchitelle 17 October 2011 Yeagle v. Collegiate Times Brief Virginia Supreme Court‚ 1998 Facts: Sharon Yeagle was the assistant to the Vice President of Student Affairs at the Polytechnic Institute and State University. Her job included aiding students in their applications to the Governor’s Fellows Program‚ an academic honors program. The Collegiate Times‚ the university’s newspaper‚ printed an article that included a large print block quotation that described
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Citation: Harvestons Securities‚ Inc. v. Narnia Investments‚ Ltd.‚ 218 S.W.3d 126 (2007) Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities‚ Inc. The defendant/appellee is Narnia Investments‚ Ltd. Facts: In year 2000‚ Narnia Investments‚ Ltd. sued Harvestons Securities‚ Inc. and several defendants in trial court of Texas. The trial court then granted a default judgment against Harvestons and in favor of Narnia that Harvestons has to pay $365‚000‚ plus attorney’s fees‚ prejudgment
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