...Case:DePuy Orthopaedics, Inc. v. Waxman. August 3, 2012. In the outlined case, DePuy is trying to sue one of their distributors Joint Venture for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According to Cheeseman 2013, “the section 2-201(1) statue of sales contracts of Uniform Commercial Code laws help prevent fraud like this case” (p. 171). To avoid this case by Depuy or any other companies’ managerial setting must specify agreements with language that is comprehensible by both parties in written valid contracts. Issue:Was there a breach to the contract, under that non-compete covenant between DePuy and Joint Venture? What kind of defenses do companies use to mitigate risk related to personal, real, or intellectual property (IP) issues? The main reason this case went to court is because of the breach of non-compete agreements by Joint Venture. DePuy outlined in the Amendment Agreementthat it had retained the sole right to enforce the non-compete covenants that Joint Venture had the right to enforce (Case). This means that once Joint Venture...
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...Findings and Recommendations of the John Craftsman Workplace Injury Case Study Rebecca K. Decker University of Maryland University College TurnItIn Originality Score: 3% INTRODUCTION A recent workplace injury in the International Building Materials Company’s truss construction production shop has raised concerns among employees regarding shop safety and the integrity of the equipment used in daily work activities. At the request of Executive Management, an investigation of the accident was conducted to determine what is known and not know about the incident. The goal of this investigation was to ascertain the root cause of the accident and to identify the appropriate course of action by the Company going forward that will ensure future worksite accidents are prevented. This case study will provide a discussion of the case background and will analyze the facts and opinions provided by individuals directly and indirectly involved. The discussion will provide a critical analysis of the information presented as facts to determine its relevance and impact. BACKGROUND FACTS OF THE CASE John Craftsman sustained a serious hand injury using a table saw located in the truss construction production shop. He sustained this injury while using equipment owned and maintained by company and in the performance of his job. John claims he followed all the company’s safety procedures. John’s manager, David Waffler, contends that the machine was in safe working condition...
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... Suzzanne eventually resigned, hired an attorney, and accused the company of age discrimination and defamation. In the State of Minnesota both suits are considered State civil claims. No court case was filed after a settlement was reached. Issues How will each type of payment Suzzane receives be treated for federal income tax purposes? Points of Interest The payments made to Gross from the settlement of the suit are intended solely as compensation for claimed damages on account of alleged personal injuries arising from an occurrence specified in Section 104(a)(2) of the Internal Revenue Code. The agreement states that the lump sum payments Gross received are included, and not excluded under subsection (a)(2) of Section 104 in the Code. Section 104(a)(2) of the Internal Revenue Code states “gross income does not include: the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness. The total gross amount of the first two lump sum payments Gross will receive will be $320,000. Of the three different payments Gross received for the claim, the last payment was for the liquidation of her business interests in Anebako, valued at $500,000. Analysis General rule relative to taxability of amounts received from lawsuit settlements is IRC §61,...
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...0:05-cv-00668-RHK-JSM Document 61 Filed 02/07/2006 Page 2 of 14 Brazos, a non-profit corporation with headquarters located in Waco, Texas, originates and services student loans. (Villarrial Aff. ¶ 2.) Brazos has approximately 365 employees, including John Wright, who has worked as a financial analyst for the company since November 2003. (Villarrial Aff. ¶ 2; Wright Aff. ¶ 1.) Wright works from an office in his home in Silver Spring, Maryland. (Wright Aff. ¶ 3.) As a financial analyst for Brazos, Wright analyses loan portfolios for a number of transactions, including purchasing portfolios from other lending organizations and selling bonds financed by student loan interest payments. (Wright Aff. ¶ 6.) Prior to performing each new financial analysis, Wright receives an electronic...
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...falling rock and Jim suffers severe injuries from the company's negligence. ISSUE (1) The issue is whether, under Ohio law, will Melissa be liable under these circumstances. RULES (1) In Rich v. Ohio Underground, 1991 Ohio App. LEXIS 6155 (Ohio Ct. App., Montgomery County Dec. 16, 1991), "Strict liability is imposed on A when he or she engages in an extraordinarily hazardous activity that causes injury to B, not withstanding the lack of negligence on the part of A. The act itself is so exceptionally hazardous that the doing of it imposes an absolute duty to protect the public from any harm, regardless of any carelessness or negligence on the part of the actor. For example, the intentional use of explosives to excavate gives rise to an absolute liability for any injury occasioned as a result." In Walczesky v. Horvitz Co., 26 Ohio St. 2d 146 (Ohio 1971), "Where explosives are used in such proximity to adjoining property that, regardless of the care used, the natural or probable result of the force of the explosion will damage a landowner's property, the user of such explosives is liable for the damages proximately resulting therefrom irrespective of whether the user of the explosives was negligent in conducting the blasting operation." Analysis/Application (1) As in Rich, "When a party is negligent in performing a duty that it has assumed by contract and that negligence is the proximate cause of another party's injuries, the negligent...
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...and suspended from a shelf to display sales goods. During trial, the employee testified that he gave the piece of plastic to a member of K-Mart’s security force and the piece of plastic had been lost. Hence, K-Mart did not introduce the piece of plastic at trial. Issue- Is there sufficient evidence that K-Mart was negligent on keeping their floors free of debris? Is there sufficient evidence that Mrs. Morris allegedly slipped on this piece of plastic without noticing it? Rule- According to http://www.hg.org/slip-and-fall.html, Slip and Fall law refers to the area of law governing personal injury claims which involve specific types of accidents wherein the party’s injury is the result of a fall. This area is a subset of Tort law and overlaps with Litigation law. Specifically, slip and fall cases fall under premises liability law. Analysis- Mrs. Morris’ slip and fall caused her injuries to her right hip and leg. The piece of plastic that she retrieved and gave to the employee of K-Mart was lost, the evidence could not be presented at trial. Conclusion- The decision of the judge was in favor of Mrs. Morris. Bell v. Grandville Cooperative, Inc. 950 N.E.2d 747...
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...CARRIERS’ Responsibilities to the Disabled—The Ninth Circuit Establishes Criteria for Federal Preemption Under the ACAA to Give Discrimination Victim Her Day in Court Kelsey M. Taylor I. Introduction In Gilstrap v. United Air Lines, Inc., the Ninth Circuit saved a discrimination victim’s suit from dismissal when it held that state-law tort claims against an air carrier were not preempted by federal law. The panel did agree with the lower court that an airline terminal is not a “place of public accommodation” governed by the Americans with Disabilities Act (ADA). Nevertheless, the court concluded that the plaintiff could sustain her action against the airline under state law for injuries she allegedly received due to the carrier’s violations of the Airline Carrier Access Act (ACAA)—despite the fact that the ACAA itself does not provide for a private right of action. II. Background: ADA v. ACAA In 1990, Congress enacted the ADA “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” Title III of the ADA specifically prohibits discrimination in “public accommodations,” i.e., publicly accessible yet privately owned businesses. Examples of these “public accommodations” include “terminal[s], depot[s], or other station[s] used for specified public transportation.” Notably, however, transportation by aircraft is expressly excluded from the definition of “public transportation,” and therefore...
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...Student ID: 253066 Torts Essay One Essay Questions 1) Does Farmer have any claim(s) for damages against Pilot based on intentional tort? 2) Does Dan have any claim(s) against Pilot for intentional tort? 3) Does Pilot have any claim(s) against Dan for intentional tort? Answer to essay questions Trespass to Land Issue: Is Pilot liable for Trespass to Land? Rule: Trespass to Land is shown where Plaintiff can prove 1) an unlawful intrusion upon a property; 2) intent of intrusion; 3) force, and 4) consequent injury to an owner. Analysis: (Element 1 issue) Did Pilot enter onto Farmers land without Farmers consent? (Element 1 analysis) Pilot lowered and guided the plane at a high speed and landed on the field owned by Farmer. (Element 1 conclusion) Pilot did enter onto Farmers land without his consent. (Element 2 issue) Did Pilot act intentionally? (Element 2 analysis) Pilot had knowledge that she was going to trespass onto Farmers land due to the intrusions such as the plane landing at a high speed. (Element 2 conclusion) Pilot acted intentionally. (Element 3 issue) Did Pilot force her way onto Farmer’s land damaging Farmer’s property? (Element 3 analysis) Pilot guided the plane into a high speed landing onto the field. Due to the rapid descent, the plane caused severe damage to Farmer’s crops. (Element 3 conclusion) Therefore, Pilot did force her way onto Farmer’s land damaging his property. Battery Issue: Did Pilot commit a battery against Dan when...
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...Claims for damages under ″wrongful life″ in Harriton v Stephens The plaintiff’s mother contracted rubella while she was pregnant, and as a consequence of the infection the appellant was born suffering from severe congenital disabilities. She brought an action against her mother’s doctor, who had failed to diagnose the rubella, alleging that she had suffered damage in living her profoundly disabled life and would had been better not to be born. The epithet ″wrongful life″ is where a child was born with profound disabilities, whose mother would have elected to terminate her pregnancy had she been aware that there was a real risk of the child being born with such disabilities, whereas in ″wrongful birth″ is where unplanned or unwanted child was born following the negligence of a medical practitioner where the patient undergoes sterilisation or vasectomy to prevent conception. The major difference between ″wrongful birth″ and ″wrongful life″ is that actions are brought in the former by the parents while actions are brought in the later by or for the child. Another difference between the two is that ″wrongful life″ focuses on the relative values of existence and non-existence, and such fact, is not featured in a case of ″wrongful birth.″ The common feature is both require a birth but the plaintiff in ″wrongful life″ both exists and suffers. In Curlender v Bio-Science Laboratories where general damages were awarded the Court said: ″The reality of the ′wrongful life′...
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...judge law to analyze whether the plaintiff’s argument provides reasonable claim under EMPA. The plaintiff is trying to prove loss or damage as a result of discharges, which occurs when an unsafe substance is released into the environment causing harm. Section 15 of EMPA provides, 15(1) In this section,...
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...Truss Construction Shop Analysis: Resynthesizing and Strengthening Ethical Standards University of Maryland University College AMBA 600 Truss Construction Shop Analysis: Resynthesizing and Strengthening Ethical Standards Per your request, further investigation on Truss Construction Shop employee, John Craftsmen case has been completed. Incident (dated Monday May, 2 2016) has since brought forth substantial information that must be considered for resolution. As more public scrutiny challenges Truss Construction Shop’s reputation, it is imperative that qualitative action is taken before it severely affects productivity. The following analysis of the aforementioned case delineates gathered information and pertinent background research to be able to juxtapose parties and their obligations involved. Explanation of Issue On May 2, 2016, Truss Construction Shop employee, John Craftsmen, severely injured his hand while pushing a large piece of wood through a table saw. John Craftsmen claims he followed all safety procedures and blames company for incident. He feels company did not guarantee that machine was as safe as possible for use. Company’s shop manager, David Waffler, stated that if machine was not in safe condition he would have been notified by the foreman, Harry Hillman. Foreman Hillman provided documentation of maintenance records to support his position that machine was maintained according to maintenance protocols. In addition, Hillman alleges that employee...
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...AN INSURANCE PROPOSAL PREPARED FOR: SKM Health Services, Inc. [pic] Top of Form Bottom of Form | | POLICY TERM 04/15/16 to 04/15/17 PRESENTED BY: James Singleton Master of Business Administration Certified Insurance Counselor Certified Professional Insurance Agent Certified Risk Manager Management Liability Insurance Specialist DISCLAIMER: COVERAGE SUMMARIES PROVIDED HEREIN ARE INTENDED AS AN OUTLINE OF COVERAGE ONLY. IN THE EVENT OF A LOSS, ALL TERMS, CONDITIONS AND EXCLUSIONS OF THE ACTUAL POLICIES WILL APPLY. | Our Story | ARTHUR J. GLATFELTER FOUNDER In 1968, while working with a prospective client, a local volunteer fire department, Art discovered a significantly underserved market. Since emergency service organizations were largely overlooked by the insurance industry at that time, Art interviewed every fire chief he could in order to gain a solid understanding of their needs. His findings became the foundation of VFIS, a division of GIG and the world’s leading provider of insurance, education, training and consulting products and services for emergency service organizations. The principles upon which Art built his insurance agency remain the foundation of Glatfelter Insurance...
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...employees to be in possession of unencrypted nonpublic customer data on their laptops. One of Brazos employee’s homes was burglarized and a laptop containing unencrypted customer data was stolen. Guin ordered reports from three credit agencies, and after reviewing them not a single piece of personal information was stolen. And neither did any of the 550,000 customers experience such fraud. Issue: Guin has no right to claim negligence on Brazos, because Guin failed to show Brazos breached a legal duty owed to him. Then on what grounds can Guin file a lawsuit on Brazos if technically they haven’t breached a contract between the two parties? Decision: In Guin’s claim, he alleges that he trusted Brazos with his personal data, and not put him in the danger of loss, theft, tampering and realizing any personal information to a third party. Due to this case, Guin suffered out of pocket loss, emotional distress, consequential and incidental damages and fear and anxiety. Minnesota courts said in order for a plaintiff to claim for negligence, the plaintiff must prove four elements; existence of a duty of care, breach of that duty, injury and breach of the duty was the proximate cause of the injury. In response Brazos argued that, firstly, they did not breach any duty owed to Guin. Legal duty can be described as responsibility under the law to conform to a particular standard of conduct towards another. On that note the court conclude, Guin did not present enough evidence reflecting...
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...Development (1996), a worker’s compensation is a “no fault insurance program that provides the benefits to employees who suffer job-related injuries or illnesses.” Those benefits include medical benefits, death benefits, temporary total benefits, permanent partial benefits and permanent total benefits. Medical benefits can become imminent when employees become injured while at work. They can sue their company for not maintaining a safe work environment for the workers. The following case is an example of how and why workers should be compensated medically for an injury caused by the company’s poor work conditions. Explanation of Issue or Problem In this assignment’s case, John Schmidt had wounded his hand when using a table saw in the production shop. He then started a dispute with his company regarding who is the one at fault for the accident. The shop manager, David Donald, claimed that the machine is in perfect and safe condition since the shop foreman, Harry Hiller, did not report any issues to David. With written evidence, Hiller insisted the machine was safe for operators. A co-worker also supported Schmidt and insisted that even after multiple people informed the foreman about issues with safety guard, Hiller still hadn’t fixed it. After being inspected, the safety guard was determined to be unsafe by the health and safety department. Analysis of the Information In this situation, the employee seriously injured...
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...damages awarded to the Taxpayer after Taxpayer was injured in an auto accident. I. Relevant Facts: The taxpayer filed a lawsuit to recover damages for personal injuries sustained in a 2000 auto accident. In 2004, a jury awarded the taxpayer $1,620,000. In addition, delay damages in the amount of $1,080,000 were then added to that award, resulting in a total judgment of $2,700,000. The defendants appealed the award, and while the appeal was pending, the parties reached a settlement, which provided for payment to Teddy of $2,550,000. In 2009, after attorney’s fees of $850,000 were subtracted, Teddy received $1,700,000. II. Issue: 1. How are the damages treated for tax purposes? 2. Is the attorney’s fee deductible? III. Relevant Authorities: A. Compensation for Injury or Sickness Internal Revenue Code (“IRC”) Sec. 104(a) provides the general rule that- Except in the case of amounts attributable to (and not in excess of) deductions allowed under section 213 (relating to medical, etc., expenses) for any prior taxable year, gross income does not include that--- IRC Sec. 104 (a)(2) the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness; ( Emphasis added ) B. Expenses and Interest Relating to Tax-Exempt Income IRC 265(a) provides the general rule that ...
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