On April 24, 2014, Ella Mae Else, who is the plaintiff, filed a lawsuit against Ford Motor Company, who is the Defendant in the 44th Judicial Court of Dallas County, Texas. In this case Else claims that she was trying to park her 2008 automobile on March 10, 2013 when the throttle got stuck and failed to shift to the neutral position, which caused the vehicle to sped up into the wooden area causing her some injuries. She argues that the accident was Ford’s fault for selling a defective vehicle, therefore Else demand compensation against the defendant due to Strict Liability for Design, Manufacture and Marketing a Defective Product. The Plaintiff demand exemplary damages because Ford 's misrepresentations were intentional, fraudulent and also …show more content…
The Plaintiff before filled a lawsuit in the state court she sought $335,000 in a demand letter. The court determined that the pre- suit demand or settlement is relevant to the amount in controversy in this case; therefore, the court determines that the Plaintiff settlement value made in August 2013 and should be relied on by the court. According to the court, the demand letter seeks almost five times of the jurisdiction threshold, as the plaintiff states in the demand letter that it will incur additional cost and medical treatment after August 27, 2013. Also, the Plaintiff did not file a reply to defendant 's response to the remand motion. Besides, she did not deny the demand letter or state that $335,000 was not a reasonable value for her case. The court concludes that the demand letter provides more that sufficient evidence of the amount in controversy and the defendant has met its Burden and denied the plaintiff 's Motion to Remand. I do not agree with the court decision to deny the Plaintiff notion the Remand. I believe the Plaintiff should be able to more money in compensatory damages because if she had lost her life, there is no money in the world that would bring her back. Ford Motor should be liable for manufacture defective
The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,
PRELIMINARY COMMENTS Subject: Defendants Stockton Police Department, Chief Eric Jones, Sgt. Mathew Garlick, and Officer Lucas Woodward Motion for Summary Judgment Defendants Stockton Police Department, Chief Eric Jones, Sgt. Mathew Garlick and Officer Lucas Woodward Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. FACTS A. Hiring of Officer Woodward by Chief Eric Jones On January 31, 2012, Sergeant Meyers told the San Diego Police Department that Officer Woodward conducted a probation search and misled him.
Cobell representative and third party donation appeal the court with intent to obtain post settlement fees too. As the case is gradually reducing the appealed was denied of compensation for expenses acquired during the litigation and appeals. And the district court reasoning for denial is because the cost incentive awards given to Eloise Cobell at the time of her case when it wasn’t settle yet. Also the district court denied the case because there we no evidence and for Cobell to apply its expenses under the settlement. Cobell’s lawyer argue that Cobell class representative personally owed Lannan foundation, Otte Bremer Foundation, Charles River Associates, RSH consulting and lastly Black feet reservation which Cobell directs .
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
On July 20, 1958, an elderly couple in Christian County, Kentucky were beaten to death in their home by intruders with a tire iron. Two suspects, Silas Manning and Willie Barker were arrested shortly after the murders and indicted by the grand jury on September 15, 1958. The prosecution believed the case against Manning was stronger; therefore, chose to try Manning first in hopes that once convicted, he would testify against Barker. Manning, of course, was not willing to incriminate himself. At the start of of Manning’s trial on October 23, 1958, the prosecution requested and obtained the first of what would amount to be 16 continuances in Barker’s trial.
Plaintiff is an inmate in the custody of the Nevada Department of Corrections (NDOC), and at all times relevant to the Amended Complaint, Plaintiff was incarcerated at High Desert State Prison (HDSP). On February 27, 2014, Plaintiff was brought before the Full Classification Committee, in which it was determined he was suitable for housing in general population. Am. Compl.
One criminal case that I found very intriguing was the Casey Anthony case. For those that do not about this case it involved Casey Anthony and her daughter Caylee Marie Anthony and it was about the death of Casey’s two year old daughter. This whole case was something never seen before. It was crazy how it started out and how it ended. This case is one that to this day won't ever be forgotten especially the whole outcome of it.
a. Case History- Pocahontas is an 18 year old Native American, and the daughter of Chief Powhatan. Her mother died when she was a child. She has come to me for help because she states that she’s been having hallucinations. She claims that she has full conversations with a tree, whom she calls Grandmother Willow, and believes she can communicate with animals. These symptoms seemed to intensify when John Smith arrived to her home.
Ransby wrote about the complexity of Ella Baker's life. Ransby stated: "for me, in looking back as Baker's life in all of its rich complexity" (Ransby, Pg). In the writing the biography, Ransby brought to life a person in her writing. Her argument centered on the idea of complexity. The complexity of Baker's life leads to the importance of her legacy.
The case Liebeck v. McDonald’s has been a widespread tort case for its outrageous compensatory damages after, the plaintiff spilled coffee in her inner legs causing a third-degree burn. Based on actual facts, the plaintiff, 79 years old Stella Liebeck, ordered a coffee at a McDonald’s drive-thru in Albuquerque. With the vehicle parked, the plaintiff opened the Stylophone cup to add creams and sugars consequently, spilling coffee in her lap. The plaintiff’s grandson rushed Mrs. Liebeck to the hospital, leaving the plaintiff for a week hospitalized with six percent of her body, including her inner thighs, perineum, buttocks, genital, and groin areas burned to a third-degree. However, the plaintiff medical bills ended up with a total of $10,000 dollars.
Please allow us to thank you once again for retaining the Law Office of Kanner & Pintaluga, P.A. to represent you in regards to your personal injuries and damages arising out of your automobile accident on 04/29/16. Since your accident, a great deal of time and effort has been put into your case by our office, including communicating with the Liberty Mutual insurance company, gathering medical records/medical bills, and reviewing all medical documents to assure the best settlement offer when provided to the Liberty Mutual insurance company; as each step is very necessary to help provide you the best form of compensation. Liberty Mutual previously placed an initial offer of $400.00. Moreover, we started a negotiation process with Liberty
Much like Wells, Florence Kelley used unorthodox methods in her attempt to address social issues created by industrialization and urbanization. Dissimilarly, Kelley, like other white middle-class women of the time, was afforded the opportunity to seek higher education. Through College, Kelley found the emerging field of the social sciences, significantly impacting the way she strategized towards social reform and legislation . Two of her greatest victories came while working as the Secretary of the National Consumers’ League. In the case of Muller v. Oregon, instead of using legal precedent as grounds for the decision, Kelley had her research director compile sociological data from outside of the case itself setting a revolutionary standard
One night at exactly ten o'clock Ella Chesterman, a fifteen year old, heard a loud and strange noise. She looked around as scared as a mouse trying to see where the sound originated from. She heard the noise again and arose her parents and her brother, Brayden. After her family arose the sound occurred again and her family rushed outside to find out where it was coming from. There appeared to be nothing strange outside until…
Furthering this discussion, Harvard Law argues that previous to the mid-1960s, liability for product-related injuries was determined by reference to other generally applicable causes of action, especially negligence, breach of warranty, and fraud (Goldberg, J. & Zipursky, B. 2006). In 1965, The adoption of section 402A of the Restatement (Second) of Torts, was a turning point for this in product liability. RESTATEMENT (SECOND) OF TORTS § 402A (1965). Section 402A provides: (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business