CASE NAME: Commissioner of Police of Montserrat v Cavanaugh (Brian) CITATION: [2005] UKPC 28‚ 66 WIR 206‚ [2005] All ER (D) 110 (Jul) FACTS On 18 July 1995‚ the Soufriere Hills volcano on Montserrat became active. On 3 April 1996‚ by virtue of his powers under s 3 of the Leeward Islands (Emergency Powers) Order in Council 1959‚ SRO 2206 of 1959‚ the Governor declared that a state of public emergency existed and made the Emergency Powers Regulations 1996 (No 3)‚ SRO 26 of 1996‚ which were amended
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Assignment #2 Dunlap v. Tennessee Valley Authority Dr. Edward Sherbert HRM 510 May 5‚ 2013 What where the legal issues in this case? The Title VII of the Civil Rights Act protects individuals against employment discrimination on the bases of color‚ as well as national origin‚ sex‚ religion. This law applies to any employers with 15 or more employees including the local state‚ government‚ employment agencies‚ labor organizations and federal government jobs.
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ii. Hypothetical 2: Accident at the gun range—P v. DC Shooting Range FACTS: Plaintiff sues DC Shooting range‚ where he is a regular‚ for its failure to prevent X‚ a high-ranking member of the gun-owner’s association affiliated with DC Shooting‚ from entering the range with a gun despite under the influence of alcohol‚ causing him to carelessly handle his weapon and accidentally shooting Plaintiff’s arm. Plaintiff built his prima facie case by alleging that on the day of the incident‚ defendant’s
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Pat Employee‚ submits the following Memorandum in Support of Plaintiff’s Motion for Summary Judgment. I. INTRODUCTION This Court should grant the Plaintiff’s Motion for Summary Judgment because this Court should apply the law of East Kansas. This case involves a conflict of law issue because West Kansas’s law provides that worker’s compensation is the exclusive remedy for employees‚ who are victims of intentional torts‚ while East Kansas says that worker’s compensation is not the exclusive remedy
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The case we were provided with was Abu V. Shell Company. In this case Abu and Shell company signed a contract of 10 years on the basis of the statement by Shell company experts that the station would be able to sell 900 000 liters of petrol per year. The approximate amount was provided on the basis of being direct access to the service station from Main street. A decision made by the local council announced that there would be a change in the traffic dierect access ‚ Shell company continued the contract
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Week 11 Case Summary : Wayne Beatty v. Canadian Mill‚ 2003 BCSC 1053 (CanLII) FACTS Mr. Wayne Beatty‚ the plaintiff brought a claim against his former employer Canadian Mill Services Association (CMSA)‚ the defendant is suing for wrongful dismissal and contending he is eligible for increased damages due to the way the dismissal was handled. The damages include an additional 13 months’ notice and for the loss of a number of fringe benefits. CMSA is a non-profit forest industry association
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Frigaliment v. B.N.S Facts: Frigaliment sued B.N.S. There were two contracts that involved selling chickens. In the first contract B.N.S was in agreeance with selling 75‚000 pounds of 2.5-3 pounds of chicken‚ to Frigaliment. 50‚000 pounds of chicken at 2.5-3 pounds at a higher price were agreed in the second contract. B.N.S fulfilled the first contract with two shipments. The first shipment fell short. B.N.S made up for the short shipment in their second shipment. Frigaliment accused B.N.S of shipping
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Opinion on the Moseley v. V Secret Catalogue Case As the opinion delivered by Justice Stevens‚ the U.S. Supreme Court intended to answer the significant question in Moseley v. V Secret Catalogue‚ Inc. (Mosley case) that “whether objective proof of actual injury to the economic value of a famous mark is a requisite for relief under the 1996 Federal Trademark Dilution Act (FTDA)”. 1 Contrary to lower courts’ holdings‚ the Supreme Court stated in a unanimous decision that it is not enough to claim
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ASHCROFT v. FREE SPEECH COALITION 198 F. 3d 1083‚ affirmed. ( No. 00-795 ) (6-3) Kennedy‚ A. for the majority. FACTS: In Ashcroft v. The Free Speech Coalition‚ the Supreme Court was given the task of deciding whether or not the Child Pornography Prevention Act or CPPA violated the First Amendment. If a violation of the First Amendment was proven the CPPA would have been found unconstitutional. The Free Speech Coalition‚ a part of the adult entertainment industry‚ felt that the language and ultimately
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Derek Brown Professor Janet Smith Employment Law BA370 1 August 2011 BACHELDER V. AMERICAN WEST AIRLINES The legal issue in this case is Penny Bachelder claims her employer‚ America West Airlines‚ violated the Family and Medical Leave Act of 1993 ("FMLA" or "the Act") when it terminated her in 1996 for poor attendance. Bachelder countered that according to the regulations implementing the FMLA‚ she was entitled to have her leave eligibility calculated by the method most favorable to her. Under
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