...PROCESSING SERVICES, INC., ET AL. DEFENDANTS-APPELLEES No. 101764 Court of Appeals of Ohio, Eighth District, Cuyahoga April 9, 2015 Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. 12-CV-785870 ATTORNEYS FOR APPELLANT: Andrew A. Kabat Daniel M. Connell Haber Polk Kabat, L.L.P ATTORNEYS FOR APPELLEES James E. Davidson Mary F. Geswein Ice Miller L.L.P. BEFORE: E.A. Gallagher, P.J., E.T. Gallagher, J., and Laster Mays, J. JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER, PRESIDING JUDGE {¶ 1} Plaintiff-appellant Carrie Rebello appeals from the trial court's judgment entering a directed verdict on her claim for wrongful discharge in violation of public policy against defendants-appellees Lender Processing Services, Inc., et al. (collectively, "LPS").[1] Rebello claims that she was wrongfully terminated in violation of public policy from her employment at LPS because she objected to, and threatened to, report LPS's practice of password sharing among LPS employees when accessing the nonpublic customer information of one of its largest clients, JPMorgan Chase Bank, N.A. ("Chase"). For the reasons that follow, we reverse the trial court's judgment. Procedural and Factual Background {¶ 2} LPS is in the business of providing processing, technology and field services to clients, including mortgage lenders and financial institutions. The services provided by LPS include inspections, property validation for repairs and services and loss mitigation...
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...against her employer for wrongful termination. Issues 1. Does the plaintiff have the right to sue her employer for wrongful termination. 2. Does the employer have a good defense on just cause of firing. Applicable In the case of Steffens v. Regus Group, PLC, 2013 U.S. Dist. LEXIS 116536 the court denied a motion for a new trail. Under the rule Rule 49 of the Federal Rules of Civil Procedure were there is broadly contemplates...
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...into a client during a business meeting o This killed the bar owner (Jimmy) o This damaged the bar (Jimmy’s) • Coleman was fired from his job without an interview in violation of a process required by his employer’s handbook. • Coleman, under the guise of a meeting set up with the blessing of Software, Inc., punched John in the eye and caused severe eye damage. The issues of this case are that whether John can sue Coleman and whether Coleman can sue Software Inc. I would like to start by addressing the legal issues that this case faces by starting with the jurisdiction. The law of the jurisdiction one is suing in can have a massive effect on the outcome of a suit, so Coleman and John needs to know the various ways different jurisdictions in which they could sue. I think Jimmy’s mother, John, Jimmy’s bar and the jewelry store would be suing under CO Law. On the other hand, Coleman would be able to sue under Delaware law. John will be suing in tort for battery under the Respondeat Superior doctrine. Jimmy’s bar will be suing in tort for and gross negligence under the Respondeat Superior doctrine. Jimmy’s mother would be able to sue for wrongful death and the jewelry store will be suing in tort under Respondeat Superior doctrine. Coleman would be able to sue for Wrongful Termination. Jimmy’s Bar and Jimmy’s Mom: Both would easily win their suits for whatever their damage-causing claim is. As usual in torts, the question becomes: “Can you successfully...
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...Wrongful conviction, often referred to as miscarriages of justice, can be defined as those who have been arrested on criminal charges, who have either pleaded guilty to the charges or have been found guilty, and, notwithstanding, their guilty plea or verdict, are actually innocent (Huff & Killias, 2010).While it may say like these situations are very rare, in fact there are many cases where innocent people are incarcerated, or even executed, because of errors in the criminal justice system. For example, as Dr. Michael Naughton, founder of the Innocence Project, which a non-profit advocacy group that works to free the wrongly convicted, said, “People think that miscarriages of justice are rare and exceptional . . . But every single day, people...
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...certain amount of truth to it. Not all accountants are anal-retentive little wimps who cannot get a date. Many of them are quite articulate. Some are quite lovely. In some schools, more than half of the accounting majors are women. Also, not all CPAs are squeaky clean and respected for their honesty. Some are quite dishonest and are putting a black mark on the image of the entire profession. There is one area where the CPA profession has fallen short of protecting the public interest. The general duty that accountants owe to their clients and the other persons who are affected by their actions is to "exercise the skill and care of the ordinarily prudent accountant" in the same circumstances. Two elements compose the general duty of performance: skill and care. Another element and responsibility is owed to clients and other persons, that is that accountants should observe a standard of ethical or social responsibility. One set of difficulties concerns ethics education's ability to instill the chosen values and to make them stick after the educational process is completed. Instruction in accounting ethics is directed at people whose character, or lack there-of, has largely been formed by the time the instruction occurs....
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...ASSIGNMENT 1 EMPLOYMENT AT WILL DOCTRINE ROBERT COLEMAN LEG 500 LAW AND ETHICS IN BUSINESS ENVIRONMENT PROFESSOR TERESA SMALLWOOD J.D., MDiv. April 21, 2012 It has been brought to my attention that our recent hire Jennifer has been having a number of issues during her employment. I am going to have to review a number of things to determine what we are going to do about the situation. The first issue at hand is the lack of competence and skills that she is showing when it comes to her assignment. The right of an employee to quit the services of an employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee (Justice Harlin, 1908). The employment-at-will doctrine that was developed gives us the right to dismiss any employee at will for good cause or no cause at all. Our company handbook clearly states that each employee has a 45 day grace period that allows for them to get the proper training and learn their particular tasks. After 60 days of employment Jennifer is still struggling with the basic concepts of the job. Her resume of employment listed that she had the skills necessary to apply for the job and she also tested well on the assessment tests. Jennifer does not seem to be taking things seriously and thinks we are not treating her fairly. Additional training for Jennifer might be the best way to get to the bottom of this problem. Also reviewing the company manual on job...
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...On the same day Holmes emailed the attorney from her work computer providing few of Mr. Petrovic’s email interaction, mentioning she was being subjected of the hostile working environment, discrimination for her pregnancy and infliction of emotional distress. She subsequently quit her job and filed a lawsuit against Petrovic for sexual harassment, retaliation, violation of the right of privacy and wrongful termination. The trial court granted Petrovic a motion for summary adjudication on the ground that Holmes was unable to provide any established...
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...logan 2e 00 fmt 2004-1-6 12.38p Page i North Carolina Torts logan 2e 00 fmt 2004-1-6 12.38p Page ii logan 2e 00 fmt 2004-1-6 12.38p Page iii North Carolina Torts second edition David A. Logan Roger Williams University Ralph R. Papitto School of Law Wayne A. Logan William Mitchell College of Law Carolina Academic Press Durham, North Carolina logan 2e 00 fmt 2004-1-6 12.38p Page iv Copyright © 2004 David A. Logan Wayne A. Logan All Rights Reserved ISBN 0-89089-847-2 LCCN 2003115021 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America logan 2e 00 fmt 2004-1-6 12.38p Page v To our students, who keep us learning. logan 2e 00 fmt 2004-1-6 12.38p Page vi logan 2e 00 fmt 2004-1-6 12.38p Page vii Contents Preface Acknowledgments Part I The Basic Negligence Cause of Action xix xxi 1 3 5 8 15 15 19 22 25 27 27 33 Chapter 1 Duty 1.10 Duty 1.20 Misfeasance and Nonfeasance [1] Special Applications of the Misfeasance Rule [a] Negligent Entrustment of Chattel [b] “Negligent Entrustment” and Alcohol [c] Spoliation of Evidence Chapter 2 Duty Despite Nonfeasance: The Special Relationship Exceptions 2.10 Duty Despite Nonfeasance 2.20 Duty Because of a Special Relationship between the Plaintiff and the Defendant 2.30 Duty to Control Another for the Benefit...
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...TITLE: FALSE IMPRISONMENT AS A TORT AND ITS REMEDIES BY: HARI PRIYA NALSAR UNIVERSITY OF LAW, SHAMIRPET, R.R. District, HYDERABAD-500 078. HARI PRIYA NALSAR TABLE OF CONTENTS TABLE OF CASES: ............................................................................ 2 Chapter 1: INTRODUCTION.............................................................. 3 1.1 RESEARCH METHODOLOGY ............................................. 3 1.2 RESEARCH PLAN .................................................................. 3 1.3 AIMS AND OBJECTIVES OF THE PROJECT ..................... 4 Chapter 2: PREAMBLE ...................................................................... 5 1.1 WHAT IS FALSE IMPRISONMENT ..................................... 5 1.2 WHO IS LIABLE FOR FALSE IMPRISONMENT ............... 8 Chapter 2: FALSE IMPRISONMENT AS A TORT ........................... 9 Chapter 3: INGREDIENTS OF TORT OF FALSE IMPRISONMENT ............................................................................. 15 Chapter 4: REMEDIES ..................................................................... 17 Chapter 5: CONCLUSION ............................................................... 20 Chapter 6: BIBLIOGRAPHY ........................................................... 22 1 haripriya91@gmail.com HARI PRIYA NALSAR TABLE OF CASES: A. K. Gopalan v. State of Madras .................................................................... 10 Altken vs Badwell (1827) Mood &...
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...liability and from which corporations and business owners must protect themselves from include but are not limited to: 1. Intentional torts (torts against a person): Assault, Battery, False Imprisonment, and Intentional infliction of emotional distress. 2. Property Torts such as Conversion and Copyright Infringement. 3. Dignitary torts activity that causes injury another person’s reputation or honor. 4. Torts are affecting business operations, such as Fraud and Tortious interference. 5. Negligence due to failure to provide a reasonable standard of care while performing acts that could possibly harm others when it is established that such an obligation to provide a duty of care is proven and there is a breach of that duty, and other elements of this...
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...“DAMAGE AS A CONSTITUENT OF TORT LAW” INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong, and the Roman law term delict. It is derived from the Latin word tortum, which means twisted or crooked. It implies conduct that is twisted or crooked. It is commonly used to mean a breach of duty amounting to a civilwrong. Of the various attempts to define tort, Salmond's definition is rather popular. Salmond defines tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. A tort arises due to a person‟s duty to others in generally which is created by one law or the other. A person who commits a tort is known as a tortfeaser, or a wrongdoer. Where they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. The principle aim of the Law of tort is compensation of victims or their dependants. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort. OBJECTIVES OF LAW OF TORTS i. To determine rights between parties to a dispute. ii. To prevent the continuation or repetition of harm e.g. by giving orders of injunction. iii. To protect certain rights recognized by law e.g. a person's reputation or good name. iv. To restore property to its...
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...Abstract As a manager or supervisor one have to be very aware and careful the actions in which they take in the workplace with their employees. Some actions could be misunderstood and cause legal problems for themselves and their company in which they represent. The scenarios that are addressed views how one would handle different situations as a manager or supervisor in the workplace as it relates to employees skills, competencies, and abilities; management, behavior, and performance; labor and laws; and policies and procedures. Describe what steps you would take to address the following scenario involving skills, competence, and abilities. As a manager and supervisor of any company or organization, I would want my employees to be more than applicable for the position in which they are applying for. Although I do understand that employees have to start somewhere in the workforce before their skills, competence, and abilities are fully developed. Employees would need the skills required to carry out the duties and responsibilities to effectively fulfill their position. Employees need to possess not only the skills but also the qualifications and knowledge of the position showing that they are competent enough to carry out their duties. Employees should possess physical, mental, and emotional abilities to handle the position in which they are hired. In the scenario provided, Jennifer does not possess the skills, competence, and abilities needed to fulfill her...
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...On a daily basis, law enforcement officials are entrusted with the most crucial responsibility of safeguarding and protecting the rights and interests of citizens, organizations, and businesses, as well as maintaining law and order in a society. Police officers and attorneys have vowed to protect the rights and freedoms of citizens and combat mistreatment and violence imposed on individuals and the society as a whole. However, these prestigious positions are also not without their flaws, law enforcement officials more than any other profession are frequently challenged with numerous ethical dilemmas, making their daily tasks further burdensome. In their line of duty, honesty, loyalty, gratuities, the abuse of power, wrongful pursuit of personal...
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...TO: Supervisor FROM: Andrew ToussaintDATE: January 27, 2016RE: Applicability of Greene’s Jewelry Wholesale, LLC vs. Lawson MEMO INTRODUCTION Jennifer Lawson, who was rightfully terminated during Greene’s Jewelry Wholesale’s downsizing effort for consistent tardiness throughout her three years of employment with Greene’s Jewelry Wholesale, breached the confidentiality agreement to not share any information regarding the process used to create “Ever-Gold,” by sharing key process elements in producing Ever-Gold to a competing business named Howell Jewelry World. Ever-Gold is the primary asset of Greene’s and is sold exclusively through Greene’s. Greene’s employed 502 individuals and was exclusively located to the state of New Hampshire at the time of Lawson’s employment with Greene’s. CLIENT CASE FACTS AND LAWS Facts Regarding Unlawful Termination All of Lawson’s annual reviews indicate that she was consistently late to work by 15-30 minutes. Lawson learned she was pregnant and requested extra time off from the Greene’s Head of Human Resources, Lisa Peel. Peel informed Lawson of her termination with Greene’s, by verbally communicating "Congratulations Jennifer! That is exciting news for you. We do not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our junior executive secretaries.” Lawson cleaned out her work space and returned home the same day...
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...Rodman v. New Mexico Employment Security Department, 764 P. 2d 1316 (N.M. 1988) Facts: Ms. Billy J. Rodman, appellee had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Before her termination restrictions had been placed on Rodman's conduct due to personal problems adversely impacting her place of work. Ms. Rodman was reprimanded in June of 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. The formal reprimand set forth conditions to prevent further corrective action. Ms. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinnertime, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Ms. Rodman was to report to her immediate supervisor and was not to leave the hospital. Ms. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. According to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, "Again we talked about the visits, and the behavior at the desk. When the...
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