damaged a Dunkin Donuts (the “Property”) owned and operated by the Plaintiffs. The Plaintiff’s had hired the Defendant to renovate the property. The fire occurred while the Property was closed for renovations, and the Defendant was in sole possession and control of the Property during the renovation. The fire originated at or near a gas-fired water heater that was located in a storage/utility closet at the Property. The Plaintiff asserts that the Defendant placed combustible materials near the hot
improper accounting for loading discounts, shipping to the yard, and guaranteed sales. The plaintiffs in the class-action lawsuit filed against Campbell Soup Company and its top executives eventually added Pricewaterhouse (PwC), Campbell’s independent auditor, as a defendant in the case. To allow a lawsuit filed under the 1934 Security Act to proceed against a defendant, a federal judge must find that the plaintiffs have alleged or “pleaded” facts “to support a strong inference of scienter” on the part
I. INTRODUCTION Plaintiff Trini Tang brought this action against Defendant Hipster Airlines, Co., d/b/a Hipster an Illinois company arising out of an injury that occurred on February 1, 2015, in San Diego, California when Plaintiff was on Defendant’s aircraft. Plaintiff brings a claim for Negligence and Vicarious liability, both of which are premised on the allegation that Defendant's negligence was the cause of Plaintiff’s injuries. Defendant now moves to dismiss the complaint pursuant to Federal
case that fell on Thursday October 13th 2016. After brief research I decided it would be interesting to witness a civil case trial at the North County Regional Center in Vista, California. The case I observed was Liberty Mutual Insurance Company (plaintiff) v. I-5 Manufacture and Design (defendant). The nature of this case was complex. The action was based on personal injuries sustained from an accident that occurred on private property; specifically in front of an Indian gambling casino called “Casino
provide Randy Parson with the correct prescription drug during his stay at Standish. The Plaintiff wanted to prove that she unsuccessfully administered medication to Randy Parsons and that a reasonable jury can conclude the fact Pausits was aware of the risks to Parsons. The court has reversed the grant of summary judgment to Nurse Pausits, because this case would rise to the level of deliberate indifference. Plaintiff Parsons revealed that Pausits perceived facts to infer substantial risk to Randy Parsons
The question is about the law of contract. For example Carlill v Carbolic Smoke Ball. The manufacturers had published the products on newspaper advertisements. Based on this action, the advertisement is invitation to treat. However, in this case it can be consider as unilateral offer whereby the offeror doesn’t know who is going to accept the offer. It is because this case does contain promise which can be an offer. However, Miss Carlill won the case because the judge evaluated this case as a contract
well the plaintiff Margery M. Dillon’s’ daughter Erin Lee Dillon, who is of young age lawfully crossed Bluegrass Road. The Defendant then hit the plaintiff’s daughter Erin resulting in injuries so severe it resulted in her death. The complaint of the plaintiff also furthered the negligence of the defendant and the operation of the vehicle. The first complaint was: being the mother of the deceased daughter the defendant should be held liable for compensation for her loss. The plaintiffs second course
apportionment of liability for both parties. The first plaintiff was the rider of motorcycle and the second plaintiff was the grandmother and dependant of the deceased pillion rider of the motorcycle. The third plaintiff was the father and dependant of the deceased rider of motorcycle. The first and second defendants respectively were the driver and owner of motorvan. On 23 December 1998 at about 11.45pm, the first plaintiff with his pillion and 2nd plaintiff were riding their respective motorcycles along
Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the Zona family. The plaintiffs’ attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co- defendants are W.R. Grace and Beatrice Foods. The two co-defendants’ attorneys are William Cheeseman, Jerome Facher, Neil Jacobs, and Michael Keating. In the pleadings, a complaint needs to be filed by the plaintiff with the court
SUMMARY OF FACTS 40. Plaintiff, STEVEN HOOPER, repeats, realleges and reiterates each and every allegation contained in Paragraphs “1” though “39” of the Complaint. 41. Defendant, GERARD WARRENS, individually and as an Officer , Sole Director and Sole Manager of STEALTH SOFTWARE, LLC, actively recruited plaintiff, HOOPER , who became an Employee of STEALTH SOFTWARE, L.L.C., on or about July 1, 2013 after retirement from the F.B.I. GERARD WARRENS is a non immigrant citizen of The Netherlands
The definite legal meaning of fraud varies from legal jurisdiction to legal jurisdiction. However, fraud typically defines itself in law as an intentional misrepresentation of material existing fact made by one party to another, but with knowledge of its falsity resulting to injury and/or damage of the other party who relies upon it. Purposely failing to state material facts – also known as nondisclosure – makes statements already said misleading to the other party. Fraud is as a crime, as well
Inc., by and through their attorneys, Piper & Associates, submit the following Brief in Support of Defendants’ Motion to Dismiss. INTRODUCTION Plaintiff, Suzie Starr (“Plaintiff”), brings suit against Fullback Steakhouses, Inc. (“Fullback”) and Fullback’s CEO, John Ritchie for damages arising out of a commercial run by Fullback in August of 2016. The Plaintiff is a prominent health food and lifestyle guru. Fullback Steakhouses, Inc. is a chain of sports bars located and incorporated in New York. John
a class action lawsuit brought by 1000 Canadians who used the drug Vioxx, known for arthritic pain. It was used by many people since 1999, but it was later known that many consumers who used Vioxx had suffered from heart attacks and strokes. The plaintiffs argued that Merck knew about it, but they did not inform their customers about its adverse effects. Merck agreed to pay $21.8 to $36.8 million to settle this particular class action in Canada. Here, again we can see that class actions have been
Code. It can be said that it is a term of specific connotation ordinarily signifying a reply to the plaint filed by the plaintiff. In other words, a written statement is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states any new facts in his favour or takes legal objections against the claim of the plaintiff. When the notice has been issued to defendant regarding suit, he is obligated to appear on date mentioned in notice. Before
In Starlight Int’l, LTD. v. Lifeguard Health, LLC, 2008 U.S. Dist. LEXIS 58927 (N.D. Cal. July 22, 2008), California resident and plaintiff filed a complaint against Pennsylvania resident and defendant, claiming trademark infringement and unfair competition. Starlight is a limited partnership that markets and sells dietary supplements and Lifeguard also markets and sells dietary supplements and maintains an interactive website where it displays its product. Starlight alleges it owns the registered
2001 club meeting, Gomez instructed club members to don their protective equipment for their initial experience with using their weapons. 5. Plaintiff’s nerve was severed under her left arm when an epee sliced through plaintiff’s jacket. 6. Plaintiff had put the plastron on her right arm.
On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles
discrepancy between two companies and was investigated to detect trademark infringement. This lawsuit took place in Toronto, Ontario on Sept. 29, 2008, and lasted until Jan. 9th, 2009 (Salam Toronto Publications v. Salam Toronto Inc., 2009). The plaintiff, Salam Toronto Publications, administered by Mohsen Seyed Taghavi, was an Urdu/Farsi newspaper that had been operating since October 2000, printing issues pertaining to the Iranian population (Salam Toronto Publications v. Salam Toronto Inc., 2009)
Affirmative Debate Good morning everyone, my name is K- McCafferty and I stand resolute with the court’s decision to dismiss the complaint, among other things, (1) that the statement in Reunited (Ms. Slaton’s book) expressing her belief that Vinnie (The Plaintiff) is her biological father are non-actionable opinion based on disclosed facts; and (2) that referring to Vinnie as a “Lothario” (a man who behaves selfishly and irresponsibly in his sexual relationships with women) and “player was not defamatory
Third-Party Defendant, Delta-T Corporation, (“Delta-T”), by its attorneys, ADLER MURPHY & McQUILLEN LLP, moves this Honorable Court for an order allowing Third-Party Plaintiff, Agra Industries, Inc. (“Agra”) to produce the Settlement Agreement between Agra and Plaintiff, United Ethanol, LLC (“United Ethanol”), and for an extension of time for Delta-T to respond to Agra’s Motion to Participate on Its Own Right To Recover Damages against Delta-T. United Ethanol filed this lawsuit against Agra on