trial. • The courts sided with Weisgram, accepting his expert testimony. • The Court of appeals reversed the decision, stating that Weisgram's expert testimony was speculative and not scientifically sound. • The court also held that Marley's motion for judgment as a matter of law should have been granted because of Weisgram's faulty testimony. HOLDING(S): The Supreme Court decided with the Court of Appeals that the motion for judgment should have been granted and Weisgram’s expert testimony
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The Fifth Circuit reversed summary judgment granted to the employer and remanded the case of Cannon v. Jacobs Field Services North America. Here Jacobs Field Services North America (“JFS”) had offered Cannon a job as a field engineer but upon learning that he had a rotator cuff impairment, preventing him from raising his right arm above the shoulder and requiring prescription pain medication, it revoked Cannon’s offer. The Fifth Circuit believed the there was evidence pointing to the fact that
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During the trial of State v. Rusk, Pat the twenty-one-year-old prosecuting witness, testified that on the evening of September 21, 1997, her and her friend Terry agreed to meet at Fells Point for drinks. They drove their own cars (Brody & Acker, 2010). Pat stated she arrived at Falls Point at approximately 9:45 p.m. After about an hour and only one drink, Pat and Terry walked several blocks to a second bar where they both had one more drink. After staying at the second bar for approximately thirty
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This case is discussing a health care administrator and his defilement of the Hatch Act. Thomas Micozzie had been found to infringe the Hatch Act during an election for the council in the township in which he had been a member for more than twenty years. The violation was not revealed until a complaint was filed apparently after the election had taken place. The Office of Special Counsel did find Micozzie guilty of the violation but came to the consensus that the violation was not done knowingly
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The Court of Appeals and The State of Oregon V. Kipland Philip Kinkel On July 31, 2002, an appeal was submitted on the behalf of Kipland Philip Kinkel. Judge Haselton is assigned to the appellants case. Kipland “was convicted of four counts of murder and 26 counts of attempted murder.” (Haselton, 2002, para.1) Kipland was only 15 years old at the time of the incident. The defendant was also a freshman at Thurston High School. During the school year of 1998 in Springfield, Oregon Kipland was first
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INTRODUCTION Our client, Erin Smith, believes that her Aunt, Julie Cook, gifted her a boat. Cook recently died, and the executor of her estate told Smith there was no mention of the boat in the will. The boat passed by law to Cook’s daughter Marisa. Smith would like us to determine her legal right to the boat through an inter-vivos gift under Maryland law. As explained below, Smith cannot prove complete delivery due to insufficient evidence satisfying this element of an inter-vivos gift. Because
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It is unlikely that Coach Crump’s unpleasant language towards Shelley is outrageous and extreme on its own, in spite of knowledge of susceptibility. Georgia courts recognize extreme and outrageous conduct when someone of that civilized community would exclaim “outrageous!” Extreme and outrageous conduct does not arise when someone’s feelings are hurt. However, Georgia also takes a critical count of the defendant’s knowledge that the plaintiff was sensitive to injury, where language or conduct is
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Who has the stronger argument, Susan or Jason’s children? Why? In this case Jason’s children have the stronger argument. According with the book Business Law by LeRoy and Hollowell on the page 522 under the title “Wills”, it’s stated that “A will is the final declaration of how a person desires to have his or her property disposed of after dead”. In this case when Jason did his will after sending the letter to Susan he had to stipulate that the violins will belong to his niece after Jason’s death
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In the case where Cheri Crawford, the property manager of Imaginary Apartments terminates Able Joseph for lying about his application raises the question whether an employee should disclose a disability to a potential employer and risk being denied the job opportunity. Further, the case raises the question whether the employer had a right to dismiss the employee after finding out that he suffered from non-epileptic seizures. The facts for the case were; indefinite dismissal for failure to disclose
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Hammontree v. Jenner Court of appeal of California 1971 20 Cal.App.3d 528 97 Cal. Rptr. 739 Parties: Plaintiff= Maxine Hammontree Owner of the store with husband Plaintiff= Husband Defendant= Jenner Has epileptic serious and was placed on probation by DMV Procedural History: Hammontree filed a suit against Jenner for negligence and strict liability. During the course of the trial, Hammontree dropped the negligence claim and pursued strict liability. The Court did not grant Summary
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