“stat[ing] with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind.” Livid‚ 403 F.3d at 1055 (internal quotation marks omitted). The higher pleading standards incorporates the scienter standard in the federal rules that requires the circumstances constituting the fraud be pled with particularity‚ but allows the plaintiff to plead the state of mind generally. Fed. R. Civ. P. 9(b). The particularity requirement is met by pleading facts about the
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RENO v. AMERICAN CIVIL LIBERTIES UNION US Supreme Court‚ 1997 1. Claim: Attorney General Janet Reno‚ the appellant appealed directly to the Supreme Court as provided for by the Act’s special review provisions against the appellee‚ ACLU. 2. Facts: The 1996 Federal Communications Decency Act sought to protect minors from “indecent” and offensive Internet materials. The Act made it a crime to transmit obscene or indecent messages over the Internet. Immediately after the CDA became law‚ twenty
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Finally‚ on July 27‚ 2000‚ Marie Villette (plaintiff) had a carport installed from Sheldorado Aluminum Product (defendant). The covering would collapse six months later on top of the plaintiffs Mercedes Benz. All the plaintiff is requesting is the $3‚000 she has spent on the carport. Ms. Villette filed a lawsuit opposing Sheldorado expecting the return of her $3000. Ms. Villette and Sheldorado‚ had no formal written contract‚ however‚ there was a bill of sale; it is dated 11 July‚ 2000. Ms. Villette
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Species from genus Vaccinum such as V. uliginosum‚ V. angistifolium‚ V. mystillus‚ V. macrocarpon Ait contains phytochemicals with antiproliferative activity against cancer cell lines. The first study based on anticancer activity from cranberry extracts published in 1996 where inhibition of polyamine synthesis and induction of expression of the enzyme quinone reductase shown (Bomser and others 1996). Subsequently‚ an extract containing hydrosoluble phenols from a comercial freeze-dried cranberry
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Background: Bob Ewell is the father of Mayella Ewell‚ the victim in the Ewell v. Robinson case. Mayella Ewell claims to have been beaten and raped by Negro‚ Tom Robinson. She claims she had him do work for her in the yard and when she went inside to get a nickel to pay him‚ he rushed her whilst her back was turned. She says she turned around and he took control of her and beat and took advantage of her. These claims were blatant lies. The Initial Injuries Sheriff Heck Tate was called up to the
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There are many similarities in the election process used in the United States of America and Mexico. There are also a number of differences. Most people think of Mexico as a country fueled by corruption. While I am not saying that isn’t the case I am saying the idea of their system is something I think our government can look to to help fix some of the flaws in our election process. In the United States of America a President is elected every four years indirectly by the people through the Electoral
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Furman v. Georgia Paper Mary Amon CJS/221 University of Phoenix Gaylia Clark William Henry Furman v. State of Georgia In the year 1972‚ January in the State of Georgia. A gentleman named William Henry Furman went into a house to rob. In the middle of that night the resident woke up to see Furman robbing the house. In the process of escaping Furman tripped and his firearm fell and went off at that very time‚ killing the resident. The death was a tragic one‚ if one could describe. Furman did not
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corporation also operates on OEM coating division. The problem in front of the company is to decide where and how to deploy corporate marketing efforts among the various architectural paint coatings markets served by the company in the south western United States. Market and Industry Analysis: The total paint industry in the US is a 16 billion dollar industry and the Architectural paint comprises 43% (refer exhibit 1) of the totals paint industry. The total Architectural paint and sundries item consisted
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Directors owe various fiduciary duties to the company as they have a fiduciary relationship with the company they are working at. An example of a case will be Hospital Products Ltd v United States Surgical Corp ‚ which explained that a significant feature of a fiduciary relationship was that the fiduciary agrees to act on behalf in another party’s interests. At common law‚ directors are required to act in good faith in
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Nick Crusco 10/09/2013 Mr. Cooper Criminal Justice Powell v Alabama A group of African-American youths were on a freight train through Alabama. They got into a fight with some white youths‚ throwing the white boys from the train. A message was sent‚ requesting all blacks be removed from the train. Two white girls on the train testified that they had been raped by six different youths in turn. The youths were taken into custody. The community was very hostile‚ as a mob met the youths. The trial
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