...by the BP oil spill, including legal options for businesses and individuals looking to get back on their financial feet after the oil spill. (For in-depth information on filing a claim with BP's $20 billion compensation fund, see Nolo's article BP Oil Spill: Filing a Claim With BP's Compensation Fund.) The BP Oil Spill: Types of Lawsuits The BP oil spill has already prompted the filing of thousands of lawsuits. Businesses and workers have seen their livelihoods suffer or even disappear in Louisiana, Mississippi, Alabama, Florida, and Texas. Families and individuals in the Gulf region worry about the health hazards posed by the chemicals used to disperse and clean up the oil. And, with its dubious distinction as the largest environmental disaster in U.S. history, the BP oil spill has inflicted immeasurable devastation on the Gulf's coastline, wetlands, wildlife, and ecosystems. Here's a look at the different kinds of lawsuits being filed over the BP oil spill (with links to more information from Nolo where relevant). * Lost business profits and individual income losses. Thousands of businesses and workers in the Gulf region have filed lawsuits against BP, seeking repayment for profits and income that were lost because of the oil spill. These plaintiffs include companies and employees in the commercial...
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...different sectors such as parks and recreation to roadways. The state of Confusion has enacted a statue that mandates all towing vehicles to use a B-type truck hitch. Numerous truckers feel Confusion is commanding an unfair expense. Tanya Trucker, who owns a trucking business in the state of Denial is filing a suit against Confusion to overturn the statue. Court with Jurisdiction The court that will have jurisdiction over Tanya Trucker’s suit is the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 2010). Even though this is a state statue, the federal jurisdiction will still have the power to decide if it is valid or not. Confusion Statute Constitutional Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit concerns a “case of controversy.” Even though states have the power to set their own statues, some of them can cause concern and have to be reviewed by higher courts. The state of Confusion is using the simple fact that the trucks have to drive through their state and are gaining from them financially. They are not requiring the B-type hitch to protect the roadways and are solely requiring the hitch to produce extra income. Therefore, the Confusion...
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...Confusion. The result of this statue is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statue imposes on her business. She intends to file suit against Confusion to overturn the statue. In filing this suit she hopes that it will not only help her but many other trucking companies with the same problem. Jurisdictional Court The jurisdictional court that will oversee Tanya Trucker’s lawsuit will be the federal jurisdiction. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, the federal courts may decide in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State, (Lectric Law Library, 2012). Even though this is concerning a state statue the federal jurisdiction will still be able to have the power to decide its validity. Confusion Statute Constitutional Within the Article III, Section 2 of the United States Constitution, the lawsuit will concern a “case of different opinions or controversy.” Even though many states will have the power to put forth their own statues, many of these statutes will leave...
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...of business law is the class action lawsuit. I find this intriguing because class action law suits are often litigated on the same principles as other types of civil action suits, however, the outcome of the class action lawsuit often may have a deep impact on our society, as well as our legal system as a whole. In a normal civil lawsuit, where the plaintiff is the victor, said plaintiff is typically well compensated for their respective damages. Thus it can be viewed that is how justice is served in these cases. In the class action lawsuit where the plaintiffs win, often the individual is not proportionately compensated for their damages as compared to the victor in the average civil suit. In fact there have been class action law suits that have been held in favor of the plaintiffs, damages have been rewarded by the courts, but the individual did not receive a cent of monetary compensation. Yet, in these cases, justice has still been adequately served on the basis of morality. . In this paper, we are going to take a look at class action lawsuits. This paper will cover the history of class action lawsuits, what exactly a class action law suit is, how a class action suit is filed, and we’ll take a look at some of the more famous and impacting class action lawsuits in our nation’s history. The history of most of the United States legal system is deeply rooted in the heart of English common law, and class action lawsuits are no exception. The origins of...
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...Professional Regulation and Criminal Liability July 16, 2015 HCS/430 Professional Regulation and Criminal Liability: Pharmacists A profession is “an occupation based on the mastery of a complex body of knowledge and skills. It is a vocation in which the practice of an art is used in the services of others” (Schmitz & Martin, 2008, p. 1). Belonging to a certain profession requires one to agree to demonstrate integrity, selflessness, competency as well as morality. This becomes the foundation on which the medical profession gets autonomy of practice from the society and a chance to experience self-regulation. Pharmacy is one of the medical professions whose practitioners help people to utilize medications to the best. It is notable that since professionals own specialized knowledge which the client does not have, the possibility of the professional exploiting the client exists. It is however important to note that such exploitation leads to very severe consequences since it has violated the guiding regulations for pharmacists. While executing the duties of a pharmacist, it is possible to make mistakes that have serious consequences. There are a number of ways in which professional misconduct among pharmacists can be handled. The Board of Pharmacy may take action against the pharmacists where a hearing is made before any disciplinary action is taken. The violation of regulations may also be presented before a civil court or before a criminal court. In case of a compliant...
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...“too ready or eager to sue someone or something in a court of law” (Merriam-Webster). Today’s society is extremely litigious because although the laws can act as guidelines that discourage people from committing crimes or as Llewellyn states, “less as making order than as maintain order when it has gotten out of order (Llewellyn, 213),” they are also be used to punish the most minor crimes and torts. Each year, about 18 million to 30 million civil cases are considered in both federal and state courts (Pflepsen). Moreover, the United States of America has more than 70 percent of the lawyers in the entire world with half of them doing what non-lawyers do in the other parts of this world (Pflepsen). Yet, the mere fact that the United States has more than a third of the entire world’s lawyers shows that there is a high demand for litigation services, as demonstrated by the number of civil cases that are brought to federal and state courts. Some people have different views toward this previously mentioned lawsuit numbers. Given that there are different varieties of crimes that people can be punished in courts for, such as assault and battery, false imprisonment,...
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...legislated in response to the belief that the pro-union Wagner Act of 1935 gave unions too much power (Taft-Hartley Act). In September 2001, Oklahoma got into the member of right to work states. Oklahoma became the twenty second right to work state. Oklahoma is most recent adapter state of Right to work laws. After the right to work law pass, Oklahoma’s economy has been grew up. According to the National Institute for Labor Relations Research of U.S, Oklahoma is the only state which increases worker’s income between 2001 and 2002 (Greer, Earnings Rise). At that time, Oklahoma income grew by around 4%. It means Right to work laws made effect on Oklahoma’s economy. In December 2003, Oklahoma Supreme Court rejected two big labor lawsuits. One of the two big lawsuits occurred in the Tulsa area. According to the Foundation Action, in the past summer of that year, National Right to Work Foundation...
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...First Universal Lending LLC- An Elaborate Scam By Javoris L. Brown Strayer University LEG100 – Emily Smith Business Law 1 November 2012 The local business I choose to do my research on is First Universal Lending LLC, a limited liability company created by attorney David J. Feingold. Originally, First Universal Lending was created to help borrowers with the process of financing or purchasing a home. However, throughout the time that they were helping borrowers, many people were put into loan payments that they could not afford. With their livelihood and pride at state, borrowers began to complain about the loan that First Universal Lending acquired for them. Once these complaints were made public the company’s credibility reached an all-time low. In an effort to rekindle the flame the company hired new managers and personnel to point them in the right direction. Sean Zausner and his younger brother David Zausner were the new recruits that would maximize the profit and minimize the lost. After doing a bit of research, the Zausners proposed a new program that was capable of having an infinite line of income, The Loan Modification. During the loan modification process borrowers were attempting or led to believe that the terms of their mortgage could be reconstructed to their benefit or needs. With their home and family at state borrowers were willing to pay anything to keep their houses, this train of thought is what the Zausners predicted to happen. Once David Feingold...
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...PART I – 5 Cases where moving and storage companies were sued for some type of fraud against the Consumer and/or against other Businesses These group of cases represent consumers in lawsuits against moving companies and/or arbitration. Lawsuits against moving companies may include damages to property, breach of contract, tariff or regulatory violations, and hostage loads. * The Attorney General's Office filed a lawsuit against Moving Max in July 2014, alleging they "engaged in a predatory bait and switch scheme," billed customers for "bogus charges," and then "threatened to drive off and retain the customers personal belongings unless and until payment was made by cash or money order." Under the terms of the Final Consent Judgment (entered February 13, 2015), that concluded a lawsuit filed in State Superior Court in Bergen County, the owner of Moving Max, Inc., a moving and storage company based in Fair Lawn, and the owner’s father, are permanently barred from owning or working in such businesses in New Jersey. In addition, as part of the settlement, 18 consumers who complained that their possessions were held until they paid substantially higher moving costs than agreed to, will be reimbursed for their losses. Case Cite: John J. Hoffman v. Moving Max, Inc., et al. Bergen County New Jersey Case No.: BER-C-203-14 http://nj.gov/oag/newsreleases15/Moving-Max-Oziel.pdf * Shurgard Storage Centers, Inc. (plaintiff) and Safeguard Self Storage, Inc. (defendant)...
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...See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially. True False Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court. Question 3 of 30 2.5 Points Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously? A.Yes B.No Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in the answer to the complaint. A motion for summary judgment is made after the filing of the complaint and answer. Question 4 of 30 2.5 Points John Doe (Arizona) sues Jane Smith (California) and Joe Johnson (California) in federal district court in California. A.The court does not have jurisdiction as the defendants are both from California and not diverse. B.The court does not...
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...CIS 550 Case Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know what data they are storing and where it is; they need policies in place to manage electronic data; they need to follow these policies; and they need to be able to prove compliance with these policies, in order to avoid unfavorable rulings resulting from failing to produce data that is relevant to a case.” (Staff) To Read/Download Complete Assignment Hit Purchase Button CIS 550 Case Study 7 Stratified Custom Manufacturing, Part 7D https://hwguiders.com/downloads/cis-550-case-study-7-stratified-custom-manufacturing-part-7d/ SCM appeared to be in direct violation of “Federal Rules of Civil Procedure (FRCP) What it covers: In place since 1938, the FRCP discovery rules govern court procedures for civil lawsuits. The first major revisions, made in 2006, make clear that electronically stored information is discoverable, and they detail what, how and when electronic data must be produced. As a result, companies must know...
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...with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the dollar amount must exceed $75,000 (Cheeseman, 2010, p. 41). Although the case could involve diversity of citizenship, Tanya believes that the State of Confusion does not have the right to impose a statute that hinders free trade between states as defined by federal law. The federal court must determine a statute’s constitutionality when it is inconsistent with federal law, as it appears to be...
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...Tanya Trucker vs State of Confusion The federal court will have full jurisdiction over Tanya Trucker’s suit against the State of Confusion. According to the US court systems (uscourts.gov), federal courts have jurisdiction over cases that arise between state lines. Controversies that arise between two states or a state and the citizen of another state are to be held under federal jurisdiction. The case is one of controversy between a trucking company and a state law. Thus according to Article III, Section 2 of the U.S. Constitution, even though states are allowed to create further laws under those created by federal law, if a state law poses a controversy those concerns will be reviewed by a higher court system. The state of Confusion’s statute of using only a certain type of hitch (a B-type hitch that is only made in Confusion) in order to drive through the state is being used only as a financial gain. Confusion knows that truckers need to drive through the state and by creating this statute, allows the state to gain financially. The law for B-type hitches was not made to create safer roadways. This was created to make each truck driver to stop upon entering the state, purchase the new hitch, and then continue onwards. Therefore this statute can be considered unconstitutional on the means of it being solely created to produce extra income for the state. The Commerce clause determines whether or not a federal statute in constitutional, as well as allowing Congress to...
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...flood break out from the fallen dam and rush out the 17 mile valley below it, killed more than 100 people, 1000 people injured and more than 4000 people were homeless. The disaster quickly gain the attention from the author of the book, Gerald M. Stern, also was a attorney who just finished representing African American in the south. Stern was shocked by this man-made disaster and decided to represent the survivors. Stern and victims of the disaster thought that the owner of the dam, Buffalo mining company and its owner, Pittston company are responsible for this disaster. They plan to sue Pittston in federal court instead of suing Buffalo mining company in Virginia court because of their power of influence in West Virginia. After visiting survivor from NY to West Virginia for gathering information and made enough preparation. Stern and his group successfully put the case in federal court and sued Pittston for 32.5 million for around 400 survivor who had taken physical damage or psychological hurt in the disaster. After the debate in court and bargain, finally Stern and the survivor he represented got 13.5 million settle, which Stern was not satisfied but still marked as a victory for the weak. Same as Stern, I don’t think 13.5 million is enough to recover the property lose of people in Buffalo creek, and, more importantly, suffer from losing family in the disaster. But this is still a victory for victim of disaster and a presence of judgment. The management of...
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...Civil Litigation Process Litigation is the process of bringing, maintaining and defending a lawsuit. This process is very difficult, time-consuming, and costly. In addition, the entire process must comply with complex rules and regulations. The pretrial litigation process is divided into a pretrial and trial process. The pretrial litigation process can also be divided into several major steps. These steps include: pleadings, discovery, dismissals and pretrial judgments, and settlement conference. The entire process begins when a party brings a dispute against another party to a court system. The party bringing the dispute or compliant is the plaintiff. The party on the receiving end of the complaint or lawsuit is referred to as the defendant. The paperwork filed with the court to initiate and respond to a lawsuit is called the pleadings. Major parts of the pleadings include the complaint, the answer, the cross-complaint, and the reply. For the plaintiff to initiate a lawsuit, a complaint must be filed with the proper court system. The complaint is a document served to the defendant to initiate the lawsuit. This document must name the parties to the lawsuit, allege the ultimate facts and law violated, and contain a “prayer for relief” for a remedy to be awarded by the court. The length of the complaint will usually depend on the complexity of the case being heard. Once the process of filing a complaint is finished the court will issue a summons, a court order...
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