Facts: Mary Lee Immormino and her husband purchased food from the drive-thru window at McDonald. The item purchased included a hot tea for Mary Lee Immormino who was a front seat passenger. Mary Lee Immormino accomplished a series of actions to steep her tea; unfortunately, she spilled the tea on her lap. Plaintiff Mary Lee Immormino decided to bring suit because of an alleges injury caused by hot water spilled from a cup served by defendant J&M Powers, Inc., d.b.a. McDonald’s fast food franchise
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A nuisance in the eyes of the court can be defined as an unreasonable, substantial interference with the use and enjoyment of property. In this case Smith v. Johnson the plaintiff, Roberta Smith, is alleging that genetically modified ladybugs [Hungry Hungry Ladybugs or HHL’s] designed by the defendant, Patrick Johnson, are presenting her otherwise profitable organic farm Sunrise Farms with “financial disaster”. The HHL’s were released on the defendant’s farm to control pests, but soon flew to the
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In the case of Roberta Smith’s argument against Patrick Johnson’s use of “Hungry Hungry Ladybugs”, or HHLs, Mrs. Smith is likely to be granted both an injunction and damages by the Court. The evidence brought forth makes it a clear case of nuisance under the common law of New Columbia, which also disputes all of Mr. Johnson’s counter-arguments. Barring unforeseen developments due to new data, Mrs. Smith’s claim falls in line with similar cases that have been granted varying levels of damages and
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for accepting the lift from a driver, knowing that he consumed sizeable quantity of alcohol, which would lead to the dangerous driving with a negative outcome. Thus, he cites section 466 from the American Law Institution Restatement of the Law of Torts, which says that the plaintiff’s contributorily negligent behavior involves unconstrained and irrational exposure to the risk caused by the defendant’s unreasonable
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risks that should be assessed. The following discussion, will analyze potential areas of risk within Riordan Manufacturing. The potential risks that will be analyzed include contract, tangible and intellectual property risk, employee risk, along with tort and regulatory risk. Each of the identified potential risk areas could inhibit the ability for Riordan Manufacturing to continue growth and potentially include major decrease in business success. In addition to the potential risk areas, compliance
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A federal agency such as (SEC) U.S. Securities and Exchange Commission is responsible for making sure they are enforcing the federal securities set forth. In order for this agency to be active in enforcing these laws Congress allows the agency to bring Civil enforcement actions against anyone whether a company or individual who has committed accounting fraud. By providing false information or any other violations of the securities law SEC makes it a requirement that people or companies submit quarterly
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Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control
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Preemption Under the ACAA to Give Discrimination Victim Her Day in Court Kelsey M. Taylor I. Introduction In Gilstrap v. United Air Lines, Inc., the Ninth Circuit saved a discrimination victim’s suit from dismissal when it held that state-law tort claims against an air carrier were not preempted by federal law. The panel did agree with the lower court that an airline terminal is not a “place of public accommodation” governed by the Americans with Disabilities Act (ADA). Nevertheless, the court
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Understanding Work Related Injuries Workers compensation was developed in the early 1900’s to provide employees who have been injured on the job with compensation for their injuries, and it protects employers from liability for employee’s injuries. The benefit of workers compensation really goes both ways, it not only provides a protection for the employer from lawsuits, but also provides the employee a sort of financial safety net so if they are injured on the job and cannot work they
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ISSUES I. Under Massachusetts’ privacy statue, did Chad Thanton disclose private information about Marsha Kensington that was unreasonable and substantial or serious, when Thanton posted three personal pictures of Kensington, which she had never made public? II. Under Massachusetts’ defamation law, did Chad Thanton publish false information about Marsha Kensington to a third-party that could damage her reputation in the community, when Thanton made statements regarding how Kensington makes her
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