Even though the Court of Appeals had held that “a physical intrusion or physical effect is not required to sustain a claim for nuisance” , the court believed that the trial court did not err in dismissing the plaintiff’s claims. First it needs to be established what the elements
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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GOETZ, APPELLANT Court of Appeals of New York 497 N.E. 2d 41, 68 N.Y.2d 96 July 8, 1986 FACTS The Defendant attempted murder, assault for shooting and wounding four young youths on the subway in New York City. Two of the young kids approached the defendant and asked him for five dollars. Two of the four young kids were carrying a screw driver and said they were used to break into coin machines. The defendant was carrying a handgun. One of the
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I. PARTIES TO THE CASE: Kenneth L. NORD, Plaintiff-Appellant, v. the BLACK & DECKER DISABILITY PLAN, Defendant-Appellee. II. FORUM: The district court ruled in favor of Black & Decker Corp. The 9th Circuit Court of Appeals reversed III. STATUTE(S) INVOLVED IN THE CASE: The court is being asked to interpret if Black and Decker denial of his disability benefits violated ERISA. The court must determine whether the claimant is entitled to social security disability benefits. IV. STATEMENT OF FACTS:
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The case Daubert v. Merrell Dow Pharmaceuticals is about two children that were born with birth defects. They and their parents sued Merrell Dow Pharmaceuticals because they are the manufacturer of the drug Bendectin which they believed is the cause of their defects. When the courts asked for evidence that the drug could indeed cause such birth defects all they could come up with was that in some animal testing there were defects. The courts did not consider this as admissible. For an expert testimony
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Thaddeus Shortz, # 447-109, raises claims arising from his housing at the Maryland Correctional Training Center (“MCTC”) . He is presently housed at the Jessup Correctional Institution (“JCI”). Mr. Shortz raises claims concerning the confiscation of his personal wheelchair and the failure of the institution to install handrails inside of the cell around his toilet. He contends that defendants conduct amounts to constitutional and ADA violations of the ADA. He seeks $250,000 in punitive damages, $300
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Case of the State Georgia On March 17, 2009, the State of Georgia District Attorney Office file charges against a South Georgia preacher and his allege girlfriend mother of a two year old boy the victim in this case. Both suspect was accuse of Cruelty to a Child in the First Degree. The Dougherty County Department of Family and Children Service and the Dougherty County Police Department responded in reference to Cruelty to a child. Both department state that they receive a call from the grandparent
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Title: Grutter v. Bollinger et al., 156 L. Ed. 2d 694, 2003 U.S. LEXIS 5357 (U.S., 2003). Parties: Plaintiff: Barbara Grutter: Defendants: Lee Bollinger. Court: Supreme Court of the United States. Procedural posture: The case is before the Supreme Court of the United States after the plaintiff, Barbara Grutter, filed a suit alleging that respondents had discriminated against her on the basis of race in violation of the Fourteenth Amendment, Title VI of the Civil Rights Act of 1964, and 42 U
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beer. The only drawback is they can't be returned for refilling. True Kegerator Consumer Reviews True makes a wide variety of kegerators, so we compiled as many reviews of the True brand products as we could find and came up with an average based on the public reviews of all their kegerator products. True brand kegerators rate highly among those who have purchased them. The majority of reviews we found were in a range of four and a half to five stars, which is a good indication they must be
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»Contention: Counsel for the Respondent contested the DS 367 and argued that the document was not received with the 5 day period allowed by the DMV. Counsel indicated the delay by the law enforcement agency makes the document questionable. »Determination: Counsel’s contention is considered, however in reviewing the document was completed at or near the time of the event by the officer was certified under penalty of perjury on ...... Therefore, it is not deemed unreliable. » Contention: Counsel contends
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Criminal Battery in Florida is defined as, “The offense of battery occurs when a person actually and intentionally touches or strikes another person against the will of the other… or intentionally causes bodily harm to another person.” Any person found guilty of committing the crime of battery commits a first-degree misdemeanor except if the person has been previously convicted for battery. If a person who has been previously convicted for battery commits a second or subsequent battery, he commits
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