Civil procedure Essays

Citation: Bob Timberlake Collection, Inc. v. Edwards, 176 N.C. App. 33, 626 S.E.2d 315 (2006). Procedural History: Bob Timberlake Collection Incorporated filed a complaint against Mr. Marshall Edwards alleging breach of stock purchase agreement, default of promissory note, and misrepresentation. Mr. Edward’s filed a counterclaim that consisted of claims for fraud, negligent misrepresentation, securities fraud, unfair and deceptive trade practices, breach of the stock purchase agreement and breach

Carolina Rules of Civil Procedure give the Court broad discretion to enter orders governing the timing and sequence of discovery. Wachovia Bank v. Clean River Corp., 178 N.C. App. 528, 531 (N.C. Ct. App. 2006). Upon a showing of good cause, the Court may enter an order staying discovery to protect a party from unreasonable annoyance, embarrassment,

Defendant Highland Threads, Inc. files its No-Evidence Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc. I. DEFENDANT HIGHLAND

Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed. This case was decided on June 15, 2017

what is going to happen in court beforehand, role playing, or even offering suggestions, such as focusing on a trusted adult when testifying. The nature of the judicial process will have an impact in that it was originally designed to allow legal procedures to be fair for all. The way this is done for minors is through juvenile court. Although primarily thought of as an alternative for minors who have committed crimes, juvenile court also hears cases of those whose parents unable or unwilling to care

This paper is a review over A Civil Action. A Civil Action is a non-fictional retelling of the events that took place in Woburn, Massachusetts in the 1980s. The book follows Jan Schlichtmann, a lawyer who is recruited by a mother from the Woburn community whose child was diagnosed with leukemia, to handle their case. At first, Schlichtmann does not take the case but eventually decides to represent the Woburn citizens against two companies, Beatrice Foods and W.R. Grace, who were accused of contaminating

I believe the common conception amongst citizens everywhere is that people file a lawsuit and end up with a wad of cash in their laps a few months later. This book does reinforce the fact that people who file lawsuits leave with a large pile of cash, however it does not reinforce that it happens quickly. In the case against Eveleth Taconite, the women involved did end up with a large sum of money, but by no means was it in their laps a few months later, or even a few years later. The overall process

State Of North Carolina Civil Summons AOC-CV-100 State of North Carolina Civil Summons also serves as a subpoena to the defendant to answer the complaint of the plaintiff in the District or Superior Court Division in the General Court of Justice of the North Carolina State. The summons is served under the G.S. 1A-1, Rules 3, 4 provisions of North Carolina General Statutes. Plaintiff can endorse defendants using the spaces provided in this legal instrument. The defendant can respond within thirty

I, William Weller, in consideration of my receipt of the sum of $5,800.00 paid to me by Joshua A. Halpern, M.D., P.A., a Florida corporation (“Halpern”), in the form of a credit to my American Express Card No. _________________________, have duly executed this Release Agreement (this “Agreement”) voluntarily and without any constraints. I hereby remise, release, acquit, satisfy and forever discharge Halpern and its employees, owners, contractors, directors, officers, agents, and representatives (collectively

In the Case of Graham V. Conner, Graham was an extreme diabetic. HE was starting to feel some of the onset of his insulin shot so he called one of his friends named Berry and asked him for a ride to the nearest convenience store. Graham was hoping to just go in and buy some orange juice. He has believed that some of the sugar in the orange juice would help balance his sugar levels. After Graham and his friend Berry had arrived at the convenience store, Graham had gotten out of the car and “hastily”

This case was granted by the Supreme Court on Nov 21, 2022 and involves the petitioner, Jack Daniel's Properties, suing the respondent, VIP Products LLC, regarding trademark infringement. The facts of the case involves VIP Products LLC, a manufacturer of dog toys, recreating a Jack Daniel's bottle of whiskey as a dog toy called “Bad Spaniels”. The toy also contains many jokes referencing the original bottle that are of a scatalogical nature (“Jack Daniel's Properties v. VIP Products LLC”). Jack Daniel's

INTRODUCTION Defendant DePuy Orthopaedics, Inc. (“DePuy”) seeks partial summary judgment as to Plaintiffs’ express and implied warranty claims. Defendants claim Plaintiffs have failed to prove contractual privity, as required by California law to claim breach of warranty, and, as to Plaintiffs’ claim for breach of implied warranty of fitness, DePuy argues that Plaintiffs cannot show the specific purpose for which Plaintiffs would use the Pinnacle metal-on-mental (“MoM”) hip system. Defendants arguments

Summary of Facts Herman informs Amador that Linda has not reported, to work that evening, the evening before or on several other evenings during the prior few weeks. As a result of this discussion, Amador learns that Linda was spending the evenings with her ex-boyfriend. Several days later, Amador commits suicide. Amador’s family sues the bank for invasion of privacy, alleging that Herman did not have the right to inform Amador that Linda had not reported for work Issues 1. Does the plaintiff have

Procedural History: Ewing was enrolled in a 6-year program of combined undergraduate and medical education at the University of Michigan known as "Inteflex." For Ewing to qualify for the final two years of the program, a student must pass an examination known as "NBME Part I." Respondent was dismissed from the University when he failed this examination with the lowest score recorded in the history of the Inteflex program. After Ewing was unsuccessful in the readmission process to the program,

The case United States v. Lawson, 2009 WL 1916063 (Ky. 2009) deals extensively with FRE Rule 404(b). In the case four different items of evidence are viewed for admissibility under Rule 404. The case focuses on three co-defendants who are charged with five counts of bribery conspiracy and three counts of conspiracy on construction or repair of state roads and highways. The motion viewed focuses on Nighbert, a co-defendant, and his objections to admitting certain evidence against him under Rule 404(b)

Kevin Moore, an inmate formerly housed at the Poplar Hill Pre-Release Unit, raises a failure to protect claim against Defendants, Sergeant William D. Jones and Correctional Officer II Ivan Tilghman, resulting from a physical altercation Plaintiff had with another inmate. He further alleges that he would not have sustained injury if Defendant Warden John Wolfe had appropriate security in place but fails to allege any allegations against him. Irrespective of whether Plaintiff has stated a claim,

Lisa Hetherington LGST 495 7980 Professor Hansen 17 April 2016 Project 3: Response to Action Introduction This case was brought by the plaintiff, Mr. Jim Jones, who alleges that the Defendants, Grab-n-Go, Inc. (“the store”) and by proxy, its owner, Mr. John Smith, did negligently leave some amount of coffee creamer on the floor near the coffee bar, which he stepped on, slipped and fell, but for causing the injuries he sustained that day. The defendants, through their attorneys, move to DISMISS the

After finalizing his agreement with Andrews, Asher’s excavation work revealed the presence of underground concrete and gas tanks used by the prior gas station. [Andrews Deposition, Exhibit G]. Asher was not able to complete the work because it required demolition services that he could not provide. [Transc. Andrews Depo. at 13; Exhibit F]. The Company refused to pay Asher for the amount of work he was able to complete. [Asher Depo. Exhibit 11]. Motion Standard Under FRCP 56, summary judgment must

2. Predicate Acts The De Sole and Howard Plaintiffs have alleged predicate acts of mail and wire fraud, in violation of 18 U.S.C. §§ 1341 and 1343. In addition, Howard alleges false labeling of visual art, in violation of 18 U.S.C. § 2318, as a predicate act. Hammer argues, however, that Plaintiffs have not alleged that Hammer committed a predicate act and, in particular, have not alleged that "Hammer used the mail or the wires for the purpose of executing the alleged scheme." (Hammer Br. (De Sole

MOTION TO DISMISS RULE TO SHOW CAUSE OR IN THE ALTERNATIVE MOTION TO CONTINUE THE ADVISEMENT HEARING COME NOW Vernida R. Chaney, Esq. and enter her appearance on behalf of the defendant, Georgia Sunlee Hazel, and move this Honorable Court to dismiss the rule to show against the defendant on the grounds that the defendant completed the balance of her community service hours. See Exhibit A (attached). In alternative, the defendant, through counsel, moves the this Honorable Court to continue the