Mareva acts in personam‚ therefore would act against Mrs Tinkler - not the trust. * Bushan Steel [96] UCPR 25.14 (which was introduced in the court on 5 June 2006) is similar in terms to Federal Court Rule‚ Order 25A‚ r 5‚ (which came into operation on 1 August 1979). [97] I have not been referred to any cases that have directly considered the questions raised in this case in respect of UCPR 25.14. [98] The approach adopted by judges in the Federal Court to identical or substantially identical
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Case Brief A.4 GNAZZO v. G.D. SEARLE & CO. 973 F.2d 136 (1992) U.S. Court of Appeals‚ Second Circuit Pierce‚ Circuit Judge Facts: On November 11‚ 1974‚ Gnazzo had an intrauterine device (IUD) inserted in her uterus for contraceptive purposes. The IUD was developed‚ marketed and sold by G.D. Searle & Co. (Searle). When Gnazzo’s deposition was taken‚ she stated that her doctor had informed her that “the insertion would hurt‚ but not for long‚” and that she “would have uncomfortable and probably
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Divorce Complaint Divorce Complaint BY: Veronica Decker December 6‚ 2013 PA250: Family Law Professor‚ Jessica Gauvin Commonwealth of Massachusetts The Trial Court Hampshire Division Probate and Family Court Department Docket No. 88888 Complaint for Divorce Patty Bean ‚ Plaintiff v. David Bean ‚ Defendant 1. Plaintiff‚ who resides at 123 West Golf Road‚ Boston‚ MA. 12345 was lawfully married to the Defendant who now resides at 456 East Lark Street‚
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Specht v. Netscape Communication Corporation‚ 306 F.3d 17 (2nd Cir. 2002). I. FACTS Plaintiffs sued‚ Netscape‚ a software internet company who distributed the free software SmartDownload‚ for electronic eavesdropping. The Plaintiffs alleged Defendant violated two federal statutes‚ the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act‚ by capturing private information about files downloaded from the Internet . Plaintiffs filed suit against Defendant in District Court
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Johnson Bank v. George Korbakes & Co.‚ LLP Commercial Law 03/17/2013 Facts of the case Brandon Apparel Group‚ Inc. (“Brandon”) was involved in the business of manufacturing and sales of casual apparel as well as licensed other companies to manufacture‚ distribute and sell its clothing lines. Additionally‚ Brandon had licensing agreements with several colleges‚ universities‚ and sports organizations‚ such as the National Football League. In 1997 Brandon borrowed funds from Johnson
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In Lang v James Morrison & Co Ltd (1912) 13 CLR 1‚ an action was brought by an English company‚ James Morrison & Co Ltd‚ against three defendants‚ J McFarland‚ T Lang and W Keates. The plaintiffs carried on the business of receiving and disposing of frozen meat from abroad. They alleged that the three defendants carried on business in Melbourne as partners under the names ‘T McFarland & Co’ and on occasions ‘McFarland‚ Lang and Keates’. Before the action commenced‚ J McFarland and W Keates became
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Warfield v. Hicks‚ 91 N.C.App. 1‚ 4‚ 8‚ 370 S.E.2d 689‚ 691‚ 693 (1988). Finally‚ the Court found dismissal of a fraud claim was appropriate because the following statements were not sufficiently specific: Plaintiff complains that Defendant Popp falsely represented “the potential for sales from Popp’s Charlotte office‚” “the quality of yarn produced by Clemson‚” and “the availability of customers for Clemson Yarn.” Each of these categories‚ however‚ necessarily implies a statement of opinion‚ including
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Question 7 In this question‚ it sets out the following issues in relation to the rescuers and the psychiatric illness caused by the accident‚ including i) whether Samantha and Eric‚ as rescuers and primary victims‚ would be entitled to damages caused by the accident; ii) whether Susan‚ as a secondary victim‚ would satisfied the requirements in order to claim the damages; iii) whether Julie‚ as a primary victim‚ would be entitled to damages caused by the accident. i) whether Samantha and Eric
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Legal Memorandum on Rogers v. Wycoff case From: Jamshid AKHMEDOV To: Therese KEELAGHAN Date: November 5‚ 2012 1) Relevant facts: Defendant: Edward Wycoff‚ 40 Defense attorney: Defendant acts as his own attorney Victims: Julie Rogers‚ 47 and Paul Rogers‚ 47 Plaintiff attorney: Deputy District Attorney Mark Peterson Witness (also a Victim): Victims’ son Eric Rogers‚ 20 Witness’ attorney: Tedd W. Cassman Judge: Contra Costa County Superior Court Judge John W
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5. Issue: The issue is whether Kramer can file suit with Monk’s Café for punitive damages for the burns he suffered on his groin from the coffee he bought at Monk’s Café. Rule: “The jurors say their punitive damages award was based on the fact McDonald’s had received more than 700 prior complaints about the scalding water in its coffee‚ and while many caused injuries‚ the company had done nothing about it” (’HOT COFFEE’). Punitive damages are defined as‚ “damages awarded in cases of serious or
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