...APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity by affidavit. Further, the incident report, and the alleged corresponding witness statements, did not meet the admissibility requirements of Civ. R. 56, and therefore, were not entitled to consideration by the trial court for summary judgment purposes. Finally, summary judgment was properly granted. Because the victim could not identify or explain what caused her to slip and fall as...
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...Law Case Analysis According to the law case EEOC v. FREEMAN, the EEOC filed a law suit against Freeman and alleged the company’s hiring policy which includes criminal background and credit history checks, has a disparate impact on African-American, Hispanic, and male applicants. And the material fact of this case is whether Defendant’s hiring criteria of conducting criminal background and credit history checks is consistent with business necessity. Since the Defendant was charged by the EEOC with unlawful discrimination in this case, the source of law is the Title VII of Civil Rights Act of 1964. “Title VII prohibits discrimination in hiring, firing, trainings, promotion, discipline, or other workplace decisions on the basis of an employee or applicant’s race, color, gender, national origin, or religion” (Bennett- Alexander & Hartman, 2011). As a federal law enforcement agency, the Equal Employment Opportunity Commission has obligations to investigate violations of Title VII and enforce laws against discrimination in workplace. In addition to the EEOC’s unique role, Title VII requires federal district courts to take the Title VII discrimination case for judicial review only after the EEOC has first disposed of the claim (Bennett- Alexander & Hartman, 2011). And according to the case, since the EEOC accepted applicant Katrina Vaughn’s discrimination complaint about Defendant’s violation of Title VII by rejecting hiring her based on her credit history information, the...
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...Chapter 2 Pelican Stores motion picture industry Chapter 3 Pelican Stores-2 motion picture industry-2 Business Schools of Asia-Pacific Chapter 4 Hamilton County judges Chapter 6 Specialty Toys Chapter 8 Young Professional magazine Gulf Real Estate Properties Metropolitan Research Chapter 9 Quality Associates Unemployment Study Chapter 10 Air Force Training Programming Chapter 12 Measuring Stock Market Risk Major League Baseball Team Values Chapter 13 Predicting Student Proficiency Test Scores Predicting Winning Percentage for the NFL Predicting Graduation Rates for Universities Chapter 2 Pelican Stores Pelican Stores, a division of National Clothing, is a chain of women’s apparel stores operating throughout the country. The chain recently ran a promotion in which discount coupons were sent to customers of other National Clothing stores. Data collected for a sample of 100 in-store credit card transactions at Pelican Stores during one day while the promotion was running are contained in the file named PelicanStores. Table 2.18 shows a portion of the data set. The Proprietary Card method of payment refers to charges made using a National Clothing charge card. Customers who made a purchase using a discount coupon are referred to as promotional customers and customers who made a purchase but did not use a discount coupon...
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...Case Problem 01 Motion Picture Industry In partial fulfillment of the course requirements in CPROBS1 C32 Submitted by: Group # 5 CHAVEZ, LEXIE COOJACINTO, SHARLEEN RENGEL, ENZO VASWANI, FHARINA YAP, SEAN JUSTIN SEPTEMBER 1, 2015 MOTION PICTURE INDUSTRY The motion picture industry is a competitive business. More than 50 studios produce a total of 300 to 400 new motion pictures each year, and the financial success of each motion picture varies considerably. The opening weekend gross sales ($millions), the total gross sales ($millions), the number of theaters the movie was shown in, and the number of weeks the motion picture was in the top 60 for gross sales are common variables used to measure the success of a motion picture. Data collected for a sample of 100 motion pictures produced in 2005 are contained in the file named Movies. Table 1 shows the data for the first 10 motion pictures in this file. TABLE 1 | PERFORMANCE DATA FOR 10 MOTION PICURES | | | | | | | Motion Pictures | Opening Weekend Gross Sales ($millions) | Total Gross Sales ($millions) | Number of Theaters | Weeks in Top 60 | | | | | | | | | | | Coach Carter | 29.17 | 67.25 | 2574 | 16 | Ladies in Lavender | 0.15 | 6.65 | 119 | 22 | Batman Begins | 48.75 | 205.28 | 3858 | 18 | Unleashed | 10.9 | 24.47 | 1962 | 8 | Pretty Persuasion | 0.06 | 0.23 | 24 | 4 | Fever Pitch | 12.4 | 42.01 | 3275 | 14 | Harry Potter and the Goblet of Fire | 102.69...
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...MANAGERIAL REPORT Case Study: Motion Picture Industry Assignment 1 Prepared By: Table of Contents Introduction 3 Executive Summary 3 Data and General Analysis 4 CONCLUSIONS 12 Integrity Statement 13 Works Cited 13 Executive Summary In this report we will show, via descriptive statistics, how independent variables appear to contribute to the success of motion pictures. Using data collected from a sample of 100 motion pictures produced in 2005, we utilize the following variables: Opening Weekend Gross Sales (in millions of dollars); Total Gross Sales (in millions of dollars); Number of Theaters, and; Weeks in Top 60, to graphically depict their contribution to that success. We will also display the data in both tabular and graphical methods to allow management to make inferences about the data and ultimately enable decision making with reference to the data set. There are more variables and parameters available to determine each depicted variable’s contribution to the success (or lack of success) of the motion picture, but this report only analyzed, interprets and presents with reference to the four variables mentioned. Major highlights include: * 70% of the motion pictures in the sample had Opening Weekend Gross Sales of less than $10 million. * 73% of the motion pictures in the sample had Total Gross Sales of less than $40 million. * 45% of the motion pictures in the sample were shown in 250 or less theaters. * 65% of the...
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...Case Problem # 1 Motion Picture Industry In partial fulfillment of the course requirements in CPROBS1 Submitted by: Group 5 C31 Aguilar, Samantha Barandiaran, Vicente Laurel Ong, Maryss Sy, Martin Eldridge Waga, Czarina Theresa September 1, 2015 MOTION PICTURE INDUSTRY The motion picture industry is a competitive business. More than 50 studios produce a total of 300 to 400 new motion pictures each year, and the financial success of each motion picture varies considerably. The opening weekend gross sales ($millions), the total gross sales ($millions), the number of theaters the movie was shown in, and the number of weeks the motion picture was in the top 60 for gross sales are common variables used to measure the success of a motion picture. Data collected for a sample of 100 motion pictures produced in 2005 are contained in the file named movies. PERFORMANCE DATA FOR 10 MOTION PICTURES Motion Picture | Opening Weekend Gross Sales($millions) | Total Gross Sales($millions) | Number of Theaters | Weeks in Top 60 | Coach Carter | 29.17 | 67.25 | 2574 | 16 | Ladies in Lavender | 0.15 | 6.65 | 119 | 22 | Batman Begins | 48.75 | 205.28 | 3858 | 18 | Unleashed | 10.90 | 24.47 | 1962 | 8 | Pretty Persuasion | 0.06 | 0.23 | 24 | 4 | Fever Pitch | 12.40 | 42.01 | 3275 | 14 | Harry Potter and the Goblet of Fire | 102.69 | 287.18 | 3858 | 13 | Monster-In-Law | 23.11 | 82.89 | 3424 | 16 | White Noise | 24.11 | 55.85 | 2279 | 7 | Mr. and...
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...Case Problem 01 Motion Picture Industry In partial fulfillment of the course requirements in CPROBS1 Submitted by: Group 2 ESPINO LIM RODRIGUEZ SIM TONGCO YU January 29, 2015 MOTION PICTURE INDUSTRY The motion picture industry is a competitive business. More than 50 studios produce a total of 300 to 400 new motion pictures each year, and the financial success of each motion picture varies considerably. The opening weekend gross sales ($millions), the total gross sales ($millions), the number of theaters the movie was shown in, and the number of weeks the motion picture was in the top 60 for gross sales are common variables used to measure the success of a motion picture. Data collected for a sample of 100 motion pictures produced in 2005 are contained in the file named Movies. Table 1 shows the data for the first 10 motion pictures in this file. TABLE 1 | PERFORMANCE DATA FOR 10 MOTION PICURES | | | | | | | Motion Pictures | Opening Weekend Gross Sales ($millions) | Total Gross Sales ($millions) | Number of Theaters | Weeks in Top 60 | | | | | | | | | | | Coach Carter | 29.17 | 67.25 | 2574 | 16 | Ladies in Lavender | 0.15 | 6.65 | 119 | 22 | Batman Begins | 48.75 | 205.28 | 3858 | 18 | Unleashed | 10.9 | 24.47 | 1962 | 8 | Pretty Persuasion | 0.06 | 0.23 | 24 | 4 | Fever Pitch | 12.4 | 42.01 | 3275 | 14 | Harry Potter and the Goblet of Fire | 102.69 | 287.18 | 3858 | 13 | | | | | | Monster in Law...
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...DAVID BOWER, individually, jointly and severally, Defendants. _______________________________________/ Of Counsel: HILL AND ASSOCIATES, LLP DeClercq Druminski & Perlman James D. Hill (P88332) Anthony J. DeClercq Attorney for Defendant Attorney for Plaintiff 161 N. Clark St. 55171 Pacific Ridge Drive Chicago, IL 60601 Macomb, MI 48042 (913) 706-9986 (586) 321-7630 JamesDonaldHill@gmail.com decler16@msu.edu January 12, 2002 DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS Table of Authorities........................................................................................................ii Issues Presented...............................................................................................................1 Statement of Facts...........................................................................................................1 Summary of the Argument..............................................................................................3 Standard of Review.............................................................................................3 I. Argument.........................................................................................4 To defeat a government employee’s qualified immunity, the Plaintiff must prove there was a violation of a constitutional right and that the right that was violated was clearly established. It...
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...------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend (0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 ...
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...Effective Meetings Contents Planning Your Meeting Parliamentary Procedure Agendas Minutes Committees Role of Chairperson Meeting Personalities Effective Meetings is an update of the original resource package produced through the efforts of Karen Jensen and the Recreation Resource Development Section of the Department of Fitness, Recreation and Sport, [1982]. Disclaimer All information is believed to be accurate and reliable. We will make changes, updates, and deletions as required and make every effort to ensure the accuracy and quality of the information provided. However, the Province of Manitoba and Recreation Connections Manitoba assume no responsibility for any errors and are not liable for damages of any kind resulting from the use of, or reliance on, the information contained herein. Table of Contents Reasons for Ineffective Meetings ..................................................................................................1 Checklist ..........................................................................................................................................2 Types of Meetings ..........................................................................................................................3 Parliamentary Procedure ...............................................................................................................4 Tips for an Effective Meeting ......................................................................................
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...Information Technology Department Shared Services Report Presented by: Peter Cooper, CTO Date: November 9, 2011 Table of Contents Executive Summary ....................................................................................................................................... 1 Introduction and Background ......................................................................................................................... 2 Current Inter-local Agreement ................................................................................................................... 2 Scope of Management Services ........................................................................................................... 2 Achievements ....................................................................................................................................... 3 Consolidation (IT Shared Initiative) ........................................................................................................... 3 Joint Project Analysis..................................................................................................................................... 4 Automated Finger Print Information System (AFIS) .................................................................................. 4 Microwave and Fiber Communications Project ......................................................................................... 5 Joint Datacenter Project...
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...ATENEO CENTRAL BAR OPERATIONS 2007 Remedial Law SUMMER REVIEWER 3. Special Proceedings – remedy by which a party seeks to establish a status, a right, or a particular fact. CIVIL PROCEDURE CLASSIFICATION OF ACTIONS (A) As to nature ORDINARY ACTION Governed by rules. CIVIL ordinary SPECIAL CIVIL ACTION Also governed by ordinary rules but SUBJECT to specific rules prescribed (Rules 62 to 71). Special features not found in ordinary civil actions. RULE 1 GENERAL PROVISIONS Section 1. Title of the Rules The Rules of Court are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of...
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...Table of Contents 1. Background ………………………………………………………… 2 2. Objectives of the Research………………………………………… 4 3. Methadology……………………………………………….………. 5 4. Executive Summary………………………………………………. 6 5. Findings………………………………………………………….... 7 6. Conclusion and recommendations……………………………….. 11 7. Appendices…………………………………………………………… 13 Background About Apple Apple Inc. is an American multinational corporation that designs and markets consumer electronics, computer software, and personal computers. The company's best-known hardware products include the Macintosh line of computers, the iPod, the iPhone and the iPad. About RIM Research In Motion Limited (RIM) is a Canadian telecommunication and wireless device company best known as the developer of the BlackBerry smartphone. Target markets for the iPhone and BlackBerry are starting to overlap. The iPhone is a media consumer's dream, playing movies and music with ease. But it's not as finely tuned for the corporate user; large companies have resisted letting employees use iPhones on corporate networks The iPhone accounted for 16.1% of the market in the quarter, compared to 10.9% the same period a year ago, IDC said in releasing its quarterly report Friday. In terms of shipments, Apple shipped 8.8 million units, a 131.6% increase from the 3.8 million shipments a year ago. RIM, meanwhile, saws its share drop to 19.4% from 20.9% a year ago. Nevertheless, the company shipped 10.6 million units, a 45.2% increase...
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...(RHK/JSM) MEMORANDUM OPINION AND ORDER John H. Goolsby and Thomas J. Lyons Jr., Consumer Justice Center, Little Canada, Minnesota; Thomas J. Lyons, Lyons Law Firm, P.A., Little Canada, Minnesota, for Plaintiff. Courtney M. Rogers Reid and Matthew E. Johnson, Halleland Lewis Nilan & Johnson P.A., Minneapolis, Minnesota, for Defendant. INTRODUCTION Plaintiff Stacy Guin alleges that Defendant Brazos Higher Education Service Corporation, Inc. (“Brazos”) negligently allowed an employee to keep unencrypted nonpublic customer data on a laptop computer that was stolen from the employee’s home during a burglary on September 24, 2004. This matter comes before the Court on Brazos’s Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, the Court will grant the Motion. BACKGROUND Case 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...
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...Executive Summary The Myo Armband is a new, innovative product that will be targeted toward young adults, who are early adopters, and live in urban areas. The Myo Armband is an armband that goes on the forearm, which is a gesture–controlled device to communicate with other digital devices. Existing Competitors include: 1. Leap Motion: A device that is designed with camera technology to identify finger and hand motions to control different computers. The product only works with a USB cord and is only compatible with computers with certain system requirements 2. Microsoft Kinect: A hands-free product that has infrared and camera technology to identify gestures and motions so the user can control Xbox 360, Xbox One, and Windows PC. It was designed for mostly gaming and application purposes. A perceptual map comparing some features and benefits of these competitors with the Myo Armband is located on page 5 in the report. Microsoft may be a potential competitor in the near future because they have a patent on a very similar product. Other than the sophisticated technology to create a similar device, there are few barriers to enter the market. Myo has a competitive advantage. Myo Armband is compatible with more of today’s popular products and uses muscle activity technology, unlike its competitors. Competitive Analysis Product Description The Myo Armband is a gesture controlled armband that can be used with many technological devices. It was created by...
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