...Running Head: Letter to a Client Letter to a Client: The Initial Process of a Lawsuit Kaplan University PA106: Legal Terminology and Transcription Prof: Elaine Deering May 21, 2013 5/21/2013 Ms. Ima Smart. Smart & Lee PPC 1212 Third Ave, Suite 300 Bellevue, Florida 25515 Jim Knott Easy Construction 305 Hanford Ave Richland, Florida 25518 Dear Mr. Knott: I am writing this letter to assist you in understanding the initial process of your lawsuit up to the filing of the complaint with the court. Your lawsuit will be governed by the Florida Rules of Civil Procedure. The following information is the process that will be followed during our preparation for your case. Once all relevant information concerning the circumstances surrounding your case, the next step will be performing legal research. My paralegal, name , “will be spending a considerable time researching, preparing documents, interviewing clients, and consulting with the attorney on civil litigations matters” (Cheeseman & Goldman, 2008). A litigation file will be created to put all relevant the documents and recording regarding your case. With everything about your case in a litigation file will help all parties involved in your case easy access to all the information about...
Words: 371 - Pages: 2
...effects of the union on the National Football League Players Association (NFLPA). Specifically, four topics will be addressed – the benefits of joining a union, the unionization process, how the union bargains, and the effects union bargaining has on the NFLPA. NFLPA’s Benefits of Joining a Union The initial reasons for beginning to unionize were to get paid for playing in exhibition games and filing lawsuits against the NFL. Players were not paid to play in exhibition games. In addition, in 1946, National Football League (NFL) owners created a rule that banned players for 5 years if he switched leagues to the new All-America Football Conference (AAFC). Players still switched leagues for increased salaries. After switching leagues, Bill Radovich was banned by the NFL and filed the first lawsuit against the NFL with the help of Creighton Miller. More on this lawsuit later. Miller, a former player and current lawyer, helped form the NFLPA in 1956. Miller fought for minimum salaries, league paid uniforms and equipment, and medical benefits. Throughout the years, the NFLPA has fought for these and additional benefits like better health insurance including dental, pensions, revenue sharing, free agency, etc. The Unionization Process The process of unionization took some time for the NFLPA. The initial attempts started in 1943 when Roy Zimmerman refused to play without being paid. He was subsequently traded to another team. As mentioned above, in 1946, NFL owners banned league...
Words: 750 - Pages: 3
...PPC 1212 Third Ave, Suite 300 Bellevue, Florida 25515 Jim Knott Easy Construction 305 Hanford Ave Richland, Florida 25518 Dear Mr. Knott: I am writing this letter to assist you in understanding the initial process of your lawsuit up to the filing of the complaint with the court. Your lawsuit will be governed by the Florida Rules of Civil Procedure. The following information is the process that will be followed during our preparation for your case. Once all relevant information concerning the circumstances surrounding your case, the next step will be performing legal research. My paralegal, name , “will be spending a considerable time researching, preparing documents, interviewing clients, and consulting with the attorney on civil litigations matters” (Cheeseman & Goldman, 2008). A litigation file will be created to put all relevant the documents and recording regarding your case. With everything about your case in a litigation file will help all parties involved in your case easy access to all the information about your case (Hames, Kerley & Sukys, 2009). Once all information is gathered and verified complaint will be drafted. The complaint will consist of the caption of the case, which is the heading, title, inscription and the allegation. The lawsuit will start once I file the complaint with the court in the correct Jurisdiction. If you have any questions please do not hesitate to call me, 1.800.432.9876 and we can sit up a time for a conference call...
Words: 253 - Pages: 2
...Estrada v. Fedex Ground Package System, Inc., 154 Cal. App. 4th 1 (2d Dist, 2007) CASE ISSUE This lawsuit was originally filed in Los Angeles County Superior Court in 1999 with allegations that single-route FedEx Ground delivery drivers, Anthony Estrada, Jeffrey Morgan, Harvey Roberts among others, were incorrectly categorized as independent contractors with the company. The suit also alleged that the drivers were unfairly required to pay over a million dollars in out of pocket “operating expenses” to perform their job. Operating expenses for the drivers included all fuel, taxes, worker’s compensation insurance and regular maintenance of the delivery trucks as well as the cost of uniforms. Under the operating agreement, FedEx believed the drivers were independent contractors and not employees. The underlying issue of the case is that the FedEx drivers believed they should be properly classified as employees which would allow them to receive reimbursement for their expenses that FedEx would be required to provide. DECISION OF THE COURT After initial filing in the court, this case was turned into a class action lawsuit. After several appeals by FedEx Ground Package Delivery System Inc., this case finally ended in 2007 with the Second District Court of Appeal in California affirming the lower court’s decision that current and former drivers were not independent contractors but employee’s. The court also issued a certification order and affirmed the plaintiffs' right to recover...
Words: 411 - Pages: 2
...Mesothelioma can be a daunting and frightening diagnosis to receive, especially if the mesothelioma is connected with exposure to asbestos work. It can be very confusing and even frightening because mesothelioma may not appear in the individual until many years or even decades after the initial exposure to asbestos. To deal with this condition, it is important to first address the treatment of mesothelioma. After a course of treatment that has been defined and started, the best next step might be to ask a qualified mesothelioma attorney about the possibility of mesothelioma litigation. Prospects mesothelioma lawsuit can seem daunting in and of itself, because it is this article is intended to assuage any fears about mesothelioma litigation...
Words: 716 - Pages: 3
...newspaper is usually about famous people and at times reveals shadowy secrets of the famous people mentioned in the newspaper. The newspaper is published by American Media Incorporated and usually sells for about $3 to $4 dollars and has been known to pay sources for tips regarding the lives of Hollywood starts and other famous people. The National Enquirer ethically tried to avoid the lawsuit on the grounds that it would violate their first amendment rights particularly the right to free speech. They felt that it was only fair for them to have the lawsuit filed in the state of Florida hoping that Shirley Jones would not pursue the suit if it was moved to the state of Florida("Court of Appeal of California," 1984). The initial claim was dismissed by the courts because it lacked personal jurisdiction over the defendants. The main issue was if the sale of the tabloid newspaper would provide enough minimum contacts to allow the assertion of personal jurisdiction over the editor of the article. The California court did allow personal jurisdiction over the defendant and Shirley Jones filed a lawsuit in the state of California claiming that the article would cause harm by defamation of character and harm her career and any chances or obtaining work in her state. Although the home office of the National Enquirer was located in Florida, California had been the highest distributed state where the tabloid newspaper had been sold in and therefore the court had jurisdiction due to the...
Words: 396 - Pages: 2
...second loan. The company wants to use receivables to secure the loan. We have been hired to conduct an audit of the financial statements. The SEC has no influence over the audit since Smackey is a private company; however, since Keller CPA is auditing the financial statements we will be following GAAP. Although the SEC has no influence we will be following any guidelines put forth by the SEC in regards to private companies to determine the financials are presented fairly. In the future if Smackey should decide to go public there are numerous steps that will need to be followed. We have assigned Peter as the audit manager and he will be assisted by Ben and Maureen. They will assess the client and plan the audit. The initial planning involves four things to be done early in the audit. The first step is to decide if we will accept the audit. We have decided to accept even though it is late in the year and we have never audited this type of business before. We have determined the reason for the audit, which will affect the remaining planning for the audit, is that Smackey Foods is trying to secure a loan and the bank has asked for an audit of the...
Words: 1837 - Pages: 8
...in the State of Denial, is extremely upset about the additional expense and costs this statute inflicts on her business. Tanya is losing money due to the new regulation. Therefore, she intends to file a suit against Confusion to overturn the act. The court that will have jurisdiction over Tanya is the federal court because the Confusion State has violated the commerce clause of the constitution. The commerce clause is an enumerated power listed in the United States Constitution. “The commerce clause gives the federal government the authority to regulate interstate commerce “(Cheeseman, 2010, p.73). The federal district court also has jurisdiction over citizenship lawsuits. According to Cheeseman, “A case may be brought in federal court if there is diversity of citizenship. Diversity of citizenship occurs if a lawsuit involves citizens from different states” (p.41, 2010). The Commerce Clause gives the federal government the authority to regulate interstate commerce. Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than does any other provision in the Constitution. The rules that the State of Confusion is implementing are...
Words: 880 - Pages: 4
...tactics and strategies when trying to achieve a desired result. To understand how strategies in negotiating affect the outcome of the results, two articles that employ different negotiation strategies are reviewed and discussed. The discussion includes the negotiation processes used in the selected articles, a comparison and contrast between two strategies, and how those strategies can be applied to MHMG Cardiology Southwest. Negotiation Strategies Integrative Many people would agree trust is earned. When a negotiator is looking to earn trust during a deal, they are building a relationship with the other party in hope of continuing to do business later down the line. Building a relationship is one aspect of integrative negotiation-a process often seen as ‘win-win’ situations involving two or more issues to be negotiated (Negotiation Experts, 1996-2010). One example of integrative negotiation is the negotiation that took place between a Navy contractor and a shipyard in Greece. Because of political differences, the shipyard had not done work on U.S. Naval ships over two years (Wengrowski, 2004). The ship in question received critical damages that totaled $40 thousand, and the contractor had only $15 thousand on hand. The contractor could negotiate a deal with the shipyard during a rough time and save the Navy $25 thousand. In return they could build a relationship with the shipyard and may have opened the door for future naval ships to make a pit-stop and receive repair...
Words: 1107 - Pages: 5
...associated with quality. The three types of cost of quality are Prevention costs, Appraisal costs and Failure cost (Both internal and External) (Stevenson, 2009 pg. 421) The first type of cost is Prevention costs. Prevention refers to all costs associated with preventing the failure or non-conforming product or service occurring in the first place. Some specific examples of prevention costs are development of equipment, maintenance and calibration of inspection tools, audits of supplier materials, quality training of employees and the development and implementation of quality control processes. Although initial investments are required to implement prevention costs, they are often considered to be the least expensive cost of quality as many preventive costs and / or processes are repeatable with minimal reoccurring expense. The second type of cost is Appraisal cost. Throughout the process of a product or service being produced an inspection of that product or service must be performed in order to make sure that it is conforming to the quality standard set forth by the customer. Some examples of Appraisal costs are test and inspection equipment, physical testing, lab testing, field testing, and final inspection. Appraisal cost can be costly to organizations as they many times involve separate labor costs for the inspection activities as well as supervision of those inspecting. In addition to the labor costs of the inspections, the cost of...
Words: 702 - Pages: 3
...Legal Process Paper The federal agency that serves as the body to protect employees from employment discrimination based on race, sex, national origin, religion, age, or disability is the Equal Employment Opportunity Commission (EEOC). Discrimination is the process that treats an individual differently based on preconceived ideas (Duhaime, n.d.). An employee who thinks he has been the subject of discrimination has the right to file a complaint with the EEOC. In this paper, there will be an analysis of an employment discrimination complaint and civil litigation process from the initial EEOC filing and if necessary, through the state, and federal court systems. The paper will also include a discussion of other relevant aspects to address discrimination complaints and workplace disputes. Overview of the EEOC Process John is an employee in a private sector organization, and he thinks he has been subject to discrimination. He wants to file a discrimination complaint. The first step in the process is the requirement to file a Charge of Discrimination. This is done by contacting any EEOC office (EEOC, 2009). The deadline for the employee to file the charge is 180 days after the occurrence of the discrimination. Although the deadline can be a total of 300 days, if the occurrence of the discrimination took place where state or local anti-discrimination laws exist (EEOC, 2009). The state and local agencies responsible for enforcement of the anti-discrimination laws are the Fair Employment...
Words: 1068 - Pages: 5
...25 million dollar business of well-known sports attire just opened two online advertising sites which mainly focus on kids that love sports. It has 350 workers; FastServe operated 10% of its personnel to the online allocation development. There were certain mannequins that were used which involved the consideration of the proposed viewers but there was one issue with the graphics. It was too hard to get and the prices didn’t cover the functioning expenses of the new process. The upper level supervisors implemented all concepts and without a raise in income they determined to not use this plan. So then they decided on lowering the labor force. This would entail conducting layoffs for three out of five workers. Of the five, two will be kept in the business. This business has to implement the Alternative Dispute Resolution (ADR) technique to determine conflicts, establish a well developed organized layoff process and moderate the risks to lower the likelihood of any issues that may bring about an employment lawsuit. The metrics for the layoffs include new job descriptions, abilities, responsibility, skills, and efficiency. Potential Conflict Identifications FastServe is a sport attire company and the main client base is the young generation. To raise income they used 3-D drape-n-see mannequin on the internet were established. There was an issue with the websites resources because it did not appeal enough clients. FastServe also determined to lower the internet sources which...
Words: 2490 - Pages: 10
...BUSINESS PROCESS CHANGE PLAN GB560 Designing, Improving and Implementing Processes Session # (1202D) Jenna Marerra Kaplan University March 8, 2012 UNIT 1 ASSIGNMENT (With Diagram Response Should Run 2-3 Pages in Length) Q#1 Provide the name of the organization (this must be a real organization and you may use the organization where you currently work; describe the organization’s size and summarize the primary mission of the organization. Don’t simply copy from the organization’s mission statement. I chose to use WalMart for this assignment; WalMart’s primary mission is to bring consumers high quality goods at a low, discounted price. Sam Walton’s original vision was to accomplish this; although WalMart has grown substantially since its initial founding, this mission has not changed. WalMart employs just over 2 million people worldwide and has 8,970 locations. Q#2 From your research of the organization, identify a single Business Process Change that the organization will need to contemplate and undertake in the coming year. These changes can result from new technologies, economic issues, or changes in the marketplace. WalMart has successfully navigated the marketplace over the years, from green initiatives to economic slowdowns. A Business Process Change it currently faces is its employee relations. WalMart has taken a lot of heat recently for its labor relations, with issues running the gambut from wage violations (some employees...
Words: 3750 - Pages: 15
...25 million dollar business of well-known sports attire just opened two online advertising sites which mainly focus on kids that love sports. It has 350 workers; FastServe operated 10% of its personnel to the online allocation development. There were certain mannequins that were used which involved the consideration of the proposed viewers but there was one issue with the graphics. It was too hard to get and the prices didn’t cover the functioning expenses of the new process. The upper level supervisors implemented all concepts and without a raise in income they determined to not use this plan. So then they decided on lowering the labor force. This would entail conducting layoffs for three out of five workers. Of the five, two will be kept in the business. This business has to implement the Alternative Dispute Resolution (ADR) technique to determine conflicts, establish a well developed organized layoff process and moderate the risks to lower the likelihood of any issues that may bring about an employment lawsuit. The metrics for the layoffs include new job descriptions, abilities, responsibility, skills, and efficiency. Potential Conflict Identifications FastServe is a sport attire company and the main client base is the young generation. To raise income they used 3-D drape-n-see mannequin on the internet were established. There was an issue with the websites resources because it did not appeal enough clients. FastServe also determined to lower the internet sources which...
Words: 2485 - Pages: 10
...After reading the exposure draft and the first ten comment letters from the FASB website, I argued that the exposure draft should be adopted. Before the exposure draft were issued, FASB received some respondents criticized the original dislosure requirements of loss contingencies: “a.The initial disclosure of specific information about a loss contingency often does not occur until a material accrual is recognized for that loss contingency, sometimes taking investors by surprise. b. The at least reasonably possible threshold for disclosing loss contingencies has not resulted in the disclosure of the full population of an entity’s existing loss contingencies that would be of interest to financial statement users. c. The amounts recognized in the financial statements related to loss contingencies are not transparent to users. In order to improve the disclosures about certain loss contingencies, such change of standards is necessary.” In response to this concern, the Board made two roundable discussions and got some feedback from respondents and finally issued an exposure draft stating that “An entity shall disclose qualitative and quantitative information about loss contingencies to enable financial statement users to understand all of the following: a. The nature of the loss contingencies. b.Their potential magnitude. c.Their potential timeing (if known).” It is reasonable the Board revised some proposal in insponse to the comment letters from respondents. For example, respondents...
Words: 846 - Pages: 4
