In that instance, “the Legislature contemplated that those accidents would be part and parcel of workplace hazards covered by workers’ compensation.” Id. Ultimately, the NJSC held that the evidence was insufficient to make a prima facie showing that either of the prongs could be established. Id. In Tomea, NJSC Justice Zazzali and Albin dissented. Both stated that the Laidlow and Millison doctrine must “recognize that in the year 2003 an employer's willful and knowing removal or disengagement
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Case Summary Citation: Loucks v. Albuquerque National Bank, 76 N.M. 735, 418 P.2d 191 Facts: The plaintiff-appellants, Richard A. Loucks and Del Martinez (the “plaintiffs”) were business partners in the name of L & M Paint and Body Shop in Albuquerque, New Mexico. Prior to March 1962, Martinez operated a business under the name Del’s Paint and Body Shop. Martinez did his banking with defendant bank Albuquerque National Bank (the “defendant”) and dealt with Mr. Kopp, the vice-president of the
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Part 1 – Fact Situation: Identification of Issues 1. a. Did QPI violate Section 10(b) of the Securities Exchange Act of 1934 by engaging in transactions with DOA to boost their financial reports? Was Nouv’s behavior unethical when he tried to bribe Betty into completing the draft and deal in a way that made the transactions look legitimate? b. Is the cooperation between QPI and DOA on pricing (price fixing) and segmenting product sales to customers (market division/Refusal to deal) a horizontal
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Libel or by way of speech i.e. Slander. There may be forms of Defamation that do not fall under Libel or Slander. A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society. A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. The statement
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Law Society of Western Australia – Personal Injury Law Update 8 October 2013 BULLYING AND PSYCHIATRIC INJURY; RECENT AND PROPOSED DEVELOPMENTS IN THE LAW Geoffrey R Hancy B.Juris(Hons), LLB(Hons), B.Ec(UWA), LLM(Melb) geoff@hancy.net www.hancy.net Introduction 1 My paper covers: 1.1 Amendments to the Fair Work Act 2009 (Cth) to allow the Fair Work Commission (FWC) to deal with bullying claims; 1.2 Recent court decisions on claims for damages for psychiatric illness;
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Management of Regulatory Risks Regulatory risks are risks a company assumes when it fails to comply with government regulations, whether federal, state or even international. Non-compliance with regulations puts a company at risk of tort liability, diminished earnings, negative publicity and if a sever case exists, the company’s final demise and exit from the market altogether. By setting a system of preventative, detective and corrective measures, a company is able to survive the materialization
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duty to provide safety measures under the Employers Liability Law? Analysis NACCO Material Handling Group, Inc and Swanson Group, Inc. owed a duty to provide a remedy in the form of worker’s compensation for the injured plaintiff based on business and federal requirements that it did provide. NACCO Material Handling Group, Inc and Swanson Group, Inc. also owed a duty to the plaintiff to provide safety measures under the Employers
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| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own
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Case 1: Specific Performance Remedy Denied on Equity Standard Campbell Soup Co. v. Wentz et. al. UNITED STATES COURT OF APPEALS THIRD CIRCUIT 172 F.2d 80 (1949) OPINION BY: GOODRICH The transactions which raise the issues may be briefly summarized. On June 21, 1947, Campbell Soup Company (Campbell), a New Jersey corporation, entered into a written contract with George B. Wentz and Harry T. Wentz, who are Pennsylvania farmers, for delivery by the Wentzes to Campbell of all the Chantenay red cored
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Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the
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