...of the California Strategic Lawsuit Against Public Participation statute? Facts: In 2001, an employee from Nationwide Mutual Insurance Company complained about unwelcomed comments and touching from a fellow co-worker, Olaes. In May 2003, another woman complained about unwanted touching by the plaintiff, Olaes. Nationwide Mutual terminated Olaes. Olaes filed a complaint alleging Nationwide Mutual falsely accused him of sexual harassment and failed to adequately investigate prior to his termination. Discussion: A female employee of Nationwide Mutual complained about a fellow co-workers unwelcomed advance upon her. Nationwide conducted an investigation of the matter and found another female employee was having the same complaints against the same co-worker, Danny Olaes. Mr. Olaes has filed a lawsuit against Nationwide stating that he was falsely indicted of sexual harassment and Nationwide did not complete a proper investigation before terminating him. Nationwide Mutual followed up with special motion to strike Olaes’s complaint, asserting that the lawsuit arose out of Nationwide’s exercise of its right to free speech on an important public issue, sexual harassment. The trial court denied Nationwide’s motion and Nationwide appealed. The statutory (section 425.16) definition is at question and the plaintiff and defendant have different interpretations of what this section means and covers. Decision: Nationwide Mutual argued that the statue applied because the reference to...
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...I. Title of the Case Benjamin P. Martinez versus Court of Appeals, and People of the Philippines General Record No. 168827 II. Parties Involved Benjamin Martinez—the respondent Court of Appeals and People of the Philippines—plaintiff III. Facts of the Case The petitioner, Benjamin Martinez was making rumors that the Dean and Elisa Basallo, spouse of Benjamin, had illicit relations. Benjamin even told this to the wife of the Dean that the latter has mistress. Dean and his wife filed a complaint for damages. Elvisa also filed a complaint against the spouse Martinez in the Municipal Circuit Trial Court due to the reason that Benjamin Martinez accused her of having an illicit relationship with the Dean. One time the petitioner, armed with bolo, stabbed the Dean while outside a building. The petitioner left right away. The police came and what they’ve seen was just the Barangay Captain Rodolfo Oller and his son Nicky Oller. Nicky handed the bolo which the petitioner had used to stab the Dean. As they passed the loading area of tricycles, petitioner shouted that he killed the Dean so the police placed him in jail. In the meantime, the Dean was brought to the Dona Gregoria Memorial Hospital in Agoo, La Union. The Dean was in a critical condition due to two stab wounds in the anterior chest, and a lacerated wound in the right elbow, forearm so he was transferred to Ilocos Regonal Hospital (IRH) in San Fernando, La Union where Dean was examined and operated on by Dr...
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...case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder." 2. What court decided the case in the assignment? (2 points) The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied. 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) On June 17, 1996, a bridal photograph of the plaintiff and her husband was posted in the wedding section of the Daily Gazette. On June 17, 1996, in...
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...1. What is the most “jealously” protected kind of speech, according to the court in this case? According to the notes on the case, “the most jealously protected [kind of] speech is that which advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern” (236 A.D.2d 186, 1997). In other words, the freedom of speech is the most protected form of speech, however, cases and claims that focus on people who are not considered to be “public figures”, is less strictly protected. 2. What court decided the case in the assignment? The Supreme Court of New York, Appellate Division, Third Department. 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. A radio station broadcast an “ugly bride” competition in which debasing title was made to the bride’s wedding picture which happened to be in their local newspaper. The radio station’s listeners were encouraged to send in their own insulting remarks, and the bride was identified by name and by her employer, who happened to be the owner of one of the competing radio stations. The bride then filed litigation against the radio station (236 A.D.2d 186, 1997). 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? A statement is only considered defamatory if it happens to expose the plaintiff to public hatred, contempt, ridicule or disgrace; in other words, if it would be considered defamatory...
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...games together. What I found through analysis of my recordings is that during the competitive video game experience most conversation revolved around ritualistic complaining and swearing in the form of trash talking to establish a connection among the participants that served to bolster camaraderie. Ritualistic complaining, as outlined in Deborah Tannen’s Conversational Signals and Devices, is the process by which conversational partners exchange complaints under the meta-message, or the underlying meaning, of solidarity sending the each other sympathy as if to say “your not alone” and “I feel the same way” (165). This form of ritualistic or shared complaining was one of the most dominant factors of the conversation we had during our competitive experience as each person shared their grievances with the game. Complaining often came about through receiving an unwanted character in the game through the random character option, perceived “cheap” deaths, and the game play of the other participants. A particularly large amount of complaints were focused around the deaths of the competitors characters and often...
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...original plaintiff was Varian Associates. The plaintiff is suing for unfair business practices. Additionally, the plaintiffs are suing for impersonation, defamation, and sabotage. Q2. The defendant is Dr. Delfino has retaliated claiming rescission of his release and for wrongful discharge from his former position in the Varian Company as a researcher. Q 3. What are the elements of a Settlement Conference Brief? * Names and contact information of the representative or participants * Discussions of settlement with both parties * The legal bases of settlement Q 4. ANTI-SLAPP statute is found on code of civil procedure section 16. This code was first enacted in 1992 and it provides for a special motion to allow a complaint involving rights of free speech. Q 5. In limine motions is a request made by the either party in a case to exclude evidence, which is believed to influence the jury to rule in the favor of the opposing side. In this case, the defendant is going to make them to avoid chances of the jury ruling in the favor of Varian. The in limine motion by the defendant are about excluding the testimony of plaintiffs lawyers and experts, evidence from video tape and issues such as divorce and previous employment. Q 6. CCP offer of compromise is a statue that gives plaintiffs leverage to settle cases. This CCP works by allowing one party to make an offer for case settlement. Q 7. Delfino believed that his postings were truthful and reflected his opinions. The court...
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...1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Free Speech 2. What court decided the case in the assignment? (2 points) Supreme Court 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) A radio show decided to have an Ugliest Bride contest and used the bridal photographs that were published in the newspaper. The winner of the contest was an employee of a competing radio station and the very derogatory comments about the plaintiff and her appearance were made on the radio show. The plaintiffs name and personal information was broadcast on the show and callers were allowed to comment on her. The plaintiff tried to sue the radio station for intentional infliction of emotional distress and defamation of character. 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) The court decided that this was not defamation because it was the broadcaster opinion. The court approved filing for intentional infliction of emotional distress. 5. In the decision, why does the court state further proceedings will be required? (5 points) The court confirmed that the plaintiff can pursue a lawsuit. 6. Do you agree with this decision? Why or why not? (5 points) Yes, I agree with the decision made in this case. The plaintiff name and other personal information was released to the public and they...
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...1935. This law provides employees that work in private-sectors the right to voice their opinion in regards to employment conditions, such as pay and safety. The National Labor Relations Board is the organization that has the final say when determining whether or not an employee has a valid complaint. If the employee’s complaint is found to be valid the NLRB will file a civil complaint against the employer on behalf of the employee. In these cases the complaint is then heard by a NLRB judge who suggests a solution to the employee’s complaint. One lawsuit Trottman provided that caught my interest involved a paramedic from Connecticut that was fired for calling her employer a “scumbag” on her home computer’s Facebook page. As stated by Trottman this was the NLRB’s “first ever involving a firing related to social media” (Trottman, 2011). The findings of the NLRB were that the employee was wrongfully terminated, because the employee made the comment to other employees about the actions of their supervisor. It was also deemed “protected concerted activity” by the NLRB, because the supervisor had provoked the comments by denying union representation during a meeting involving a customer complaint in regards to the complaining paramedic. Question 2: I have to agree with the findings of the NLRB in the case I mentioned above. Normally, I would never justify calling my employer names in any...
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...Anastacio Teodoro v. Atty. Romeo Gonzales AC No. 6760 January 30, 2013 Facts: AnastacioTeodoro filed a complaint against Gonzales for allegedly intentionally committing forum shopping. Gonzales is the counsel of Araceli in two civil cases filed against Anastacio. The first involved the settlement of the estate of Manuela Teodoro and while the case was pending, Gonzales assisted in filing the subsequent case for Annulment of Document, Reconveyance and Damages without indicating the special proceeding earlier filed. According to Anastacio, this was a deliberate act of forum shopping made by Gonzales. Initially, the commissioner found that Gonzales was indeed guilty of forum shopping for the ruling in either case would result in res judicata over the other and that he instituted the subsequent case without indicating the pending case. The commissioner ruled that Gonzales violated Canon 1 of the code for he disregarded the SC circular prohibiting forum shopping.Hence, suspending him for 1 month. However, the board of Governors of the IBP reversed the Commissioner’s recommendation and dismissed the case. Issue: Whether Gonzales committed forum shopping and thereby violating the Code of Professional Responsibility? Held: Yes. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration...
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...IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS JUSTIN KING ) ) PLAINTIFF, ) ) CIVIL ACTIONS NO: ____________________ vs. ) ) ) JUDGE: _____________________________ ANHEUSER BUSCH and ) FRANK CUELLAR ) ) DEFENDANT ) COMPLAINT COMES NOW, plaintiff, Justin King and for his complaint, alleges as follows: 1. Plaintiff, for all times mentioned herein, was a resident of the County of Paxton, State of Illinois. 2. Plaintiff is informed and believes and thereon alleges that defendant, Anheuser Busch, was and is a business primarily operating out of the County of St. Louis, State of Missouri. 3. This is an action for damages in excess of $75,000.00, as required by 28 USC 1332. 4. Plaintiff is informed and believes and thereon alleges that at all times and places herein mentioned defendant, Frank Cuellar, was operating a certain 1992, Nissan UD2000 B, 24ft straight truck, WHITE in color, PLATE NO. 07 MO 968-7RL., fully loaded with cases of Anheuser Busch product. 5. At all times herein mentioned plaintiff was and now is the owner of a certain 2006, Harley Davidson X-73, motorcycle, BLACK in color, PLATE NO. 07 MO 327-HP8 6. At all times herein mentioned Interstate 57 was and now is a public highway running in a general northerly and southerly direction. 7. On or about the 8th day of April, 2004 plaintiff was operating his automobile in a prudent and careful manner in a general...
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...Title • Messa (P) v. Sullivan & Keyman’s club (D, A) Citation: what court or reporters • Court: Appellate Ct of IL, First District, First Division • Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge • Judge Burman Facts: • P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt. • There are signs on the exterior and on a bldg directory in the lobby. • No notices that the 5th fl is used as a residence and not for commercial or business purposes. • Automatic elevator for all the floors accessible as one entered the bldg from Madison Street and walking through bldg lobby passing bldg office(left side). • June 12, 1961, P (deaf mute) entered bldg about 2 pm for the purpose of selling printed cards depicting the deaf and dumb alphabet. Her first time at the bldg. P passed the bldg’s office where a woman was sitting, took the elevator to the 5th fl. The door of the elevator opened automatically at 5th fl but she had open (swung outward) a second door (said heavy). P turned left toward the apt door. At that point, D’s dog ran out of the door and jumped on the P. P testified, "... the dog bit me on...
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...(Cite as: 212 Ill.App.3d 380, 570 N.E.2d 1227, 156 Ill.Dec. 505) 15 UCC Rep.Serv.2d 503, Prod.Liab.Rep. (CCH) P 12,851 Appellate Court of Illinois, Fifth District. David B. GARAVALIA, as executor of the Estate of Arvo Lake, a deceased person, Plaintiff-Appellant, v. HEAT CONTROLLER, INC.; Addison Products Company, Inc.; O.G.F. Corporation, doing business as Giles Appliance Center; and Odell Giles, individually, Defendants-Appellees. No. 5-89-0749. April 19, 1991. Decedent's estate appealed from order of the Circuit Court, Franklin County, Donald L. Underwood, J., granting air conditioning manufacturers' motion to dismiss breach of warranty, negligence, and products liability claim arising when decedent died as alleged result of failure of air conditioning unit. The Appellate Court, Harrison, J., held that: (1) death of elderly purchaser from hyperthermia as result of failed air conditioning unit was reasonably foreseeable, permitting claim of consequential damages in action for breach of warranty; (2) manufacturers owed duty of care to purchaser to design and manufacture product that would be reasonably safe for its intended and reasonably foreseeable uses; and (3) whether leaky air conditioning unit that failed to cool on a hot day was dangerous was question for jury. Reversed and remanded. Howerton, J., filed dissenting opinion. West Headnotes [1] KeyCite Notes 307A Pretrial Procedure 307AIII Dismissal 307AIII(B) Involuntary Dismissal 307AIII(B)6...
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...Simon Jose Al hajj Mr Nazih Jurr Bad 429 – Operations Management 12 June 2012 Question 1 Analyzing the data in the table proves that not all the audience is satisfied with what is offered while attending a football game. Several complaints were recorded on different matters. Some complained about parking and traffic, others about the seating and that the stadium needs re-innovation because it became old. Most of the people surveyed were students, staff and alumnus, overall they constituted 209 from the 250 people surveyed. Other than the specific questions asked in a survey, people left numerous comments concerning anything they liked or that made their visit an unpleasant one. Some of the comments left: parking a mess, not enough traffic cops, crowded, bad seats, the stadium is ancient, lines are awful, seats stink, great food and friendly ushers. The examples provided demonstrate a statistical sample of the examples given in the table 6.6. Meaning that there are far more complaints than there were accommodations. Moreover, most complaints subjected the poor parking space and traffic in the parking, the ancient quality of the stadium and the seats that were not comfortable to sit in and watch and entire game. Out of the 250 persons surveyed during the games, only 90 gave a full grade for the parking; that is a low 36% on the parking slots while about 80% where annoyed with the traffic that delayed them and lost their time of the game so that they can park their cars...
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...Letter” by unethical means by publishing notice in the least popular newspaper. Since the public could not be notified, they later complained about the pollution created by the company. The company tried to settle the objection of the public by good words and by giving gifts, but this doesn’t seem to last long. The company is now reluctant to use “incinerators”. Issues One major issue raised in the case is what the company should do to minimize the public complaints on pollution. Should the company also install incinerator? There are numerous factors related to the case such as ethical, environmental, legal, social, political, technological and economic. The company went against ethics by misleading the public by publishing notice on a least popular newspaper. The environmental issue is related to the pollution created by the company. The company was using out-dated technology by not using incinerator. Also it is an economic issue when it comes to installing the incinerator. Facts to support the existence of complaints by the public 1. The notice was published in the least popular newspaper so the villagers didn’t notice it. 2. The objection of the villagers against the pollution was attempted to be silenced by good words and gifts to authority. 3. The company sent a staff member to the plant location to make personal contact with the members of the VDC and this staff played an important role in obtaining the no objection letters. Alternatives and their evaluation ...
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...I. Style of Case and Citation: Waters v Min Ltd 587 N.E.2d 231 (Mass.1992) II. Court Rendering Final Decision: Supreme Judicial Court of Massachusetts III. Identification of Parties and Procedural Details Gail A.Waters Plaintiff, Thomas Beacuchemin., Defendant. IV. Discussion of the Facts: Gail Waters (plaintiff) owned an annuity contract worth $189,000, with a total potential value of $694,000 over 25 years. When Waters was 21, she began dating Thomas Beauchemin (defendant), who had a strong influence over her. He introduced her to drugs and exhausted her credit card accounts. He then suggested that she sell her annuity contract and, as an agent of Min Ltd. (Min) (defendants), initiated negotiations between Waters and Min. Waters contracted to sell her annuity contract to Min for $50,000. In the negotiations, Min was represented by counsel and Waters was not. In recognition of his fostering the sale, Min dropped a $7,000 debt that Beauchemin owed them. Waters brought suit for rescission of the contract on the grounds that it was unconscionable. The trial court found in her favor. Min appealed. V. Statement and Discussion of the Legal Issues in Dispute The defendants contend that the judge erred by (1) finding the contract unconscionable (and by concluding the defendants assumed no risks and therefore finding the contract oppressive); (2) refusing them specific performance; and (3) failing to require the plaintiff to return all the funds received from them. Unconscionability...
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