Case Brief

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    Court Case Brief

    COURT CASE BRIEF Donald R. Schroerlucke, And Joyce D. Schroerlucke V United States 2011WL 4440599 (Fed.Cl) No. 09-772T FACTS Plaintiff Donald Schroerlucke is a former employee of WorldCom, Inc. His wife is Joyce D. Schroerlucke. In 1989, Mr. Schroerlucke was employed as Vice President of Operations at Long Distance Discount Services, Inc., the predecessor corporation to WorldCom. Pursuant to stock option agreements with Long Distance Discount Services, Inc., and then with WorldCom, Mr

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    Case Brief

    Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts

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    Gm520 Case Brief

    FORMAT FOR CASE BRIEF Virtually all of the cases in this text (and all legal texts for that matter) are at an Appellate/Supreme Court level (not a trial court), where Issues of Law are resolved, as opposed to issues of fact which are resolved at the trial court level. This suggested format is a slight modification of an outline for Case Briefs used in the legal profession. (Example - Text Pg 8 – Case 1.1)  Style of Case and Citation: U.S. v Sun-Diamond Growers of California  Court

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    Case Brief

    Case Facts: Suppose you come home one evening to discover that your teenage son "borrowed" your car and went on a spree. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until

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    Case Brief

    Case Brief #1 Name: Thompson v. Clear Springs Foods, Inc., 148 Idaho 697; 228 P.3d 378; 2010 Ida. LEXIS 40 (2010) Facts: Judy Thompson, the claimant, has been an employee for the past 12 years at Clear Spring Food Inc. The company’s regulations state that during her two 15-minute breaks and 30-minute lunch break she must use a time punch card and notify her supervisor if she leaves the facility. During one of her 15-minute breaks Judy decided to go out and move her car “to avoid the risk of

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    Case Brief

    v. Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable and understandable

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    Case Brief

    Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration

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    Case Brief

    JetBlue Airways, Starting from Scratch Nicholas Billy Date of Case: October 9, 2001 22693 The major issue of this case is how will JetBlue address hiring and recruiting employees and acquire the skill sets necessary to support its anticipated growth. This case demonstrates a good value of the compensation function of the human resource management functions. What JetBlue focuses on is the different length of time periods each individual job they offer will be. For the flight attendants

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    Yorktown Tech. Case Brief

    Case Brief: Yorktown technologies - Glofish 25 March 2014 Marketing 495: Strategic Marketing Problems Professor Dr. Jean Johnson 1. Problem Statement: Alan Blake and Richard Crockett founded Yorktown Technologies in November 2001. The company was formed around the concept of producing ornamental fish that had glowed fluorescence color throughout their bodies. Dr. Pruchansky had previously developed the genetic modification that was needed to produce these fluorescent fish. Because

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    Case Brief Method

    Case Brief The case brief (or short-case analyses) consist of four major sections. The length of the assessment should be between three and five pages with “1.5” line spacing and margins of one inch and 12pt. font. You should organize the paper with subheadings corresponding to the four following sections. Avoid bullets – you must make connections and articulate what a factor/issue means in the situation and how it influences other factors/issue and possible actions etc. You must demonstrate relevance

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    Case Brief

    Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding:

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    Case Brief

    Value Case Brief I Resolutional Analysis A Definitions B Principles in Contention: The Federal Government Should Change the Dodd-Frank Act Dodd-Frank makes certain amendments to the "Protecting Tenants at Foreclosure Act of 2009" (the “Tenants Protection Act”), which affects post-foreclosure eviction procedures.  The amendments to the Tenants Protection Act found in Dodd-Frank were effective on July 21, 2010. The primary advantage is that the regulation ensures the safety of us residents’

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    Case Brief

    Case brief of Malaysia case To make the case brief it is necessary to divide our analysis in 5 phases: • Situation • Questions • Hypothesis • Proof and action • Alternatives 1) Situation Government of Malaysia is in front of big challenges, prime-minister is going to have very important meeting, where will be held discussion about future of the country. Malaysia developed its economy by exporting timber, and this caused destruction of local nature, which was a serious threaten for global

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    How to Case Brief

    HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that

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    Case Brief

    Case study Summery Timothy Spillane Mid-America Christian university Case study Summery The case study that I have chosen for analysis concerns nestle partners Blend coffee, which chronicles their launch into marketing within the realm of “fair trade” products. The source of this study is found in Macu’s library business source complete link via Datamonitor published in July 2007. The scope of the study covers the development of ethical business practices within the worlds largest food and

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    Case Brief

    Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY 
CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony

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    Case Brief

    jurisdiction to hear a constitutional challenge to a legislative apportionment? 2. What is the test for resolving whether a case presents a political question? Holding and Rule 1. Yes. Federal courts have jurisdiction to hear a constitutional challenge to a legislative apportionment. 2. The factors to be considered by the court in determining whether a case presents a political question are: 1. Is there a textually demonstrable constitutional commitment of the issue to a coordinate

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    Case Brief

    Case Brief Rodman v. New Mexico Security Department 764 P.2d 1316 (N.M. 1988). Facts: Rodman 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. Prior restrictions had been placed on Rodman's conduct due to personal problems adversely impacting upon her place of work. Issue: whether the misconduct which warranted termination

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    Case Brief

    liable. In this case damages were severe as both barge and cargo sank, there was a high probability of this event because of winters and wartime activity and burden of adequate precautions was missing as the barge was left unattended. Rule- If the burden of taking adequate precaution is lesser than the probability of the events times the gravity of the resulting injury then the person will be held liable. CASE COMMENT- Introduction-The United States v. Carroll Towing Co .case emerged because

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    Case Brief

    physical discipline on the son, and prohibited defendant from possessing firearms for the duration of the order. Also on 25 November 2002, plaintiff filed a complaint seeking child custody and support. That matter was merged with the domestic violence case protective order. On 31 March 2003, after a hearing, the court entered an order setting temporary child support. A permanent child custody and child support order was filed on 4 June 2003.   This order barred defendant from owning or possessing any

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    Case Brief

    MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must

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    Case Brief

    Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination

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    Case Brief

    Federal income tax purposes. Both the RJR Nabisco case and the case we did in the class are regarding the graphic design of a product. Both cases are under section 162 but face different treatment. The case we discussed about in class talked about the improvement of external package of yoyo, which under Section 162 that this part of expense should be capitalized and cannot be deducted when the expense happened, while, the expense in this case is categorized as advertisement expense, which under

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    Firac Case Brief

    FIRAC Case Brief PA205: Introduction to Legal Analysis and Writing Angela Harbin Kaplan University Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976) FACTS: Zelma Mitchell’s employment at Lovington Good Samaritan Center, Inc. was terminated for alleged misconduct. The alleged misconduct included refusing to administer medication as part of her duties, singing while counting medication which is unethical as it is a distraction, coming to work out of uniform on more

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    Case Brief

    Kansas v. Cheever Marisa Freeman June 3, 2014 CJ506 Kansas v. Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the

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    Irac Brief Case Analysis

    IRAC Brief Case Analysis LaTasha Edwards, Margarita Castaneda, Jesse Ellison, and Jonathan Deschine University of Phoenix Business Law 531 James Rambeau July 1, 2015 IRAC Brief Case Analysis Currently, teachers of California are considered government workers and have to pay union dues, according to the law, as a condition of employment. “This arrangement was established under the 1977 Supreme Court case, Abood v. Detroit Board of Education” (Kovacs, 2015, para. 2). The purpose of the

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    Case Brief

    zoo, the defendant’s attorney maintains that they building’s residential status was obvious due to the electric fence – as evidenced by the collar on the dog. Procedural History: None  Issue: Whether the Illinois Dog Bite Statute applies in cases where the plaintiff is unknowingly trespassing. Holding: None Rule:  Cause of action (remedy sought): The following is an action to hold Mr. Androcles liable for injuries sustained to Harvey Woodley (under the Illinois Dog Bite Statue). Rationale/Reasoning:

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    Fedex Case Brief

    FedEx Case Brief Under Frederick W. Smith’s superb supervision and leadership, FedEx has become a renown express delivery courier worldwide, handling about 8.5 million shipments daily. Today, the company is different of what it used to be back in 1971. It has continued to nurture and grow over the past 40 years and still holding onto the company’s culture – quality service to customers. Difficulties were faced during the process, such as problems with coordination, maintaining efficiency, satisfying

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    Case Brief

    correct in its holding that the Appellee in this case failed to present evidence establishing a medically diagnosable and significant emotional harm as well as a prima facie cause of action for negligent emotional distress? Holding The court ruled the district court’s decision is reversed. The cause is remanded with directions to dismiss. Rationale The court referenced previous case Parrish v. Omaha Pub. Power Dist. in their decision. In that case it was determined for a valid claim of negligent

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    Case Brief

    Case: Roe v. Wade (1973) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains

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    Case Briefs

    Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission

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    Case Brief

    was for conspiracy to bomb twelve United States commercial airliners in Southeast Asia. The second trial was for his involvement with the 1993 World Trade Center bombing attacks. Issues presented or questions of law: The issue presented in this case where that Yousef (D) believed that he was brought to the United States against his will from Pakistan. Arguments or objectives of the parties: Yousef (D) claimed that the U.S government surpassed their authority when they brought him on trial

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    Case Brief

    Amendment protects the right of an accused. It does not authorize this Court to strike down federal or state criminal laws on the ground that they are not in the best interests of crime victims or the broader society." Significance Of The Case: This case is significant because it raises the question; Should a person be put to death that had no intent and did not kill a person or child but yet performed a sick hannis act?

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    Lstd302 Case Brief

    Legal Case Brief 43271590 LSTD302 Professor Tamara Herdener October 25, 2015 Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012). Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of Burlington, Defendant/Appellee Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the Burlington County Detention Center where he was subject to a strip search. He remained

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    Case Brief

    Case Who is suing whom? What is the cause of action? What is being claimed? Who won? Urzi V. Board of Education for the Borough of North York (Icy Sidewalk Case) Parent suing the school board Fall at the schoolyard led to a injury in the knee; fell in Europe leading to a hip fracture from a weak knee Claiming recovering for damages sustained in her second fall Plaintiff aka the Parent Hedley Byrne & Co Ltd. V. Heller and Partners Ltd.

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    Questionnaire Case Brief

    Questionnaire for Case Brief Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (1954) Group 2: Cameron Garner, Jay Bangerter 2. Have all of you found your case on LexisNexis and read it? I couldn’t find the case on LexisNexis nor could I find the right site, however, I did find the full case on Wikipedia and have read all of that case. 3. What are the most important facts of the case? The most important facts of the case are whether a contract can be voided because it was not the intent

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    How to Brief a Case

    HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client’s position. Functions of case briefing A. Case briefing helps you acquire the skills of case analysis and legal reasoning. Briefing a case helps you understand it. B. Case briefing

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    How to Brief a Case

    How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to

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    Case Brief

    Case Brief #4 I. Citation Montejo v. Louisiana 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009) II. The Relevant Facts Montejo, who was a murder suspect, waived his Miranda rights and was interrogated at a sheriff’s office. He was brought before a judge for a hearing where he was appointed legal representation. Later that day, two officers visited him at the prison and asked Montejo to accompany them to locate the murder weapon, which he claimed he had thrown into a lake. He was read

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    Brief Case

    taxed on the gain realized in the transfer. They brought the disagreement to the United States Court of Claims first, and the Court of Claims ruled in Mr. Davis’ favor. Then, the Commissioner appealed this case to the Court of Appeals which ruled in the Commissioner’s favor. Finally, the case reached the United States Supreme Court. ISSUE: Whether the transaction to fulfill the marital settlement is a taxable event, and if it is a taxable event, how to determine the taxable gain realized of the

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    Case Brief Assignment

    Case Brief Assignment PLAW 340 Mott v. Duncan Petroleum Transportation 51 N.Y.2d 289, 414 N.E.2d 657(1980) Facts: Claimant predicates her claim for death benefits upon the existence of an alleged common-law marriage, contracted in the State of Georgia. She testified at the hearing of this matter that she and Mr. Mott traveled to Georgia on several occasions, staying there for weeks at a time with her daughter. She claims that the couple intended to take up permanent residence in Georgia

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    Case Brief

    them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the

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    Burch Case Brief

    Omar Hazien Advanced Contracts 01/31/2011 Burch Case Brief Procedure Nevada Supreme Ct., 2002 James and Linda Burch, Petitioners, Home purchasers, Plaintiffs v. The Second Judicial Court of Nevada and Double Diamond Ranch, Seller, Defendant. James and Linda Burch sue Double Diamond Ranch for breach of express and implied warranties, negligence, and fraud and misrepresentation. Burches requested removing the insulation, professionally treating area with mildew, installing upgraded insulation

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    Case 3.1 Brief

    ------------------------------------------------- ------------------------------------------------- PREPARING A CASE BRIEF FOR CASE 3.1 ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- -------------------------------------------------

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    Case Brief

    Jessica Case Briefing #2 LaPlace v. Briere New Jersey Supreme Court, Appellate Division 404 NJ. Super. 585, 962 A. 2d 1139 (2009) Facts: A horse owner brought an action against the person who exercised his horse while the horse was being boarded at the defendant's stable. While the stable employee was "lunging" the horse, the horse reared up, collapsed on his side with blood pouring from his nostrils, and then died. Issue: Was the defendant or the trainer liable for the conversion and

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    Case Briefs

    Babatunde White Torts Case Briefs Yania v Bigan 397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business

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    Case Brief

    Citation: - Tobacco Companies vs. United States Food and Drug Administration Unites States District Court for the District of Columbia, Civil Case No.11- 1482 (RJL) Facts: The plaintiffs in this case are five tobacco companies. In June2011, defendant FDA published a final rule requiring the display of nine new textual warnings along with certain graphic images such as diseased lungs and cadaver bearing chest staples on an autopsy table

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    Case Brief

    phone or have the owner call the police. The owner refused both requests and the patron’s father was shot and killed. The patron then brought action against the Circle Inn Owner for negligence in the death of his father. Issue The issue in this case is whether or not a business should be liable for wrongful death when an employee denies the use of the telephone to one of its patrons. The patron was trying to call the police in a state of emergency. Applicable Rule of Law Section 327 of

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