A GUIDE TO LEGAL CASE BRIEFS I. TITLE/ CITATION Warner-Lambert Company v. United States U.S. Court of Appeals for the Federal Circuit 425 F.3d 1381 (2005) II. THE FACTS A. Material • Warner-Lambert imports and sells lozenges in packages under the name "Halls DefenseTM Vitamin C Supplement Drops." Each drop contains daily requirement of Vitamin C‚ but the drops are composed primarily of sugar and glucose syrup‚ which together constitute more than 95 percent of each drop. Vitamin C
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Matthew Shepard Case Brief Facts: Twenty one year old‚ University of Wyoming college student‚ Matthew Shepard‚ died October 12‚ 1998 at 12:53 a.m. after spending five days in a comma due to massive injuries and head trauma in a robbery and hate crime assault (Matthew Shepard‚ 2000 [on-line]). Matthew Shepard met Aaron McKinney (22) and Russell Henderson (21) of Laramie in a local bar called Fireside Lounge. McKinney and Henderson had been drinking. The two led Shepard to believe they were
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INDIAN CONTRACT ACT 1. S. 124 - Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff‚ at the request of the defendant‚ executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee‚ along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract
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reasonably to enhance the contractual objectiveness of a case. Judges use the grounds of how a ‘reasonable’ observer would interpret the facts to determine whether the elements of a contract are evident within an agreement to then make it legally binding‚ and whether the contractual performance of the parties was acted in good faith. This in effect allows for more procedural fairness‚ taking into account all matters within judicial review. Within this case‚ Robb J reasons that there is a legally binding contract
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liberty‚ or property without due process of law (p. 23).” In the case of Gunasekera v. Irwin Gunasekera was correct that his due process rights had be violated. According to an exert written up be Cornell University Gunasekera was denied property because he had tenure with the University (para. 13). Because the decision to prohibit him from advising students deprived him of property Gunasekera should have been granted due process. In this case‚ Gunasekera should have been given an adequate chance to clear
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Case Names and Roles Case #13 “The Day After” Charlie Jones: former Chief Executive of Riley Memorial Hospital Russell Adams: board chairman at Riley Memorial Hospital Bill Handy: COO of Riley Memorial Hospital Dr. Ralph Kemper: Chief of Radiology at Riley Memorial Hospital Background and Facts Over the last 18 months the average occupancy at Riley Memorial Hospital had fallen. This was certainly a cause for concern for Charlie and the hospital board. As a result‚ 134 employees were laid off to
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struck his vehicle onto the plaintiff resulting in the death of her child even though the child was a fetus at the time of the accident. Conclusion: The plaintiff’s motion to recover damages for the wrongful death of her child would be denied. Under case 370 Md. 227‚ 804 A.2d 1151 in a similar suit as to the one we are doing the plaintiff was not able to recover for the loss of her child as a result of a car
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AP US Government Chief Justice (Teachers name) Roe v. Wade On writ of certiorari to the United States Supreme Court Oral Argument: 12/19/2012 Name Attorney for Wade Jane Roe‚ a pregnant single mother‚ who wished to have an abortion in the State of Texas‚ sued on behalf of all mothers seeking abortions to prevent the enforcement of the Texas abortion ban. The appellant has challenged the Texas statue‚ claiming it violates the 1st‚ 5th‚ 9th and 14th amendment’s implied right to privacy which
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Liebmann V. Canada (Minister of National Defense) Facts: Liebmann applied for the position of Executive Assistant to the Commanding Officer in the Persian Gulf Operation. Staff Officers recommended he be appointed and the Commanding Officer agreed. When command staff became aware that Liebmann was Jewish they decided not to select him. Liebmann challenged the decision‚ as well as CFAO 20-53 (an enactment for which the decision was based upon) under s. 15 of the Charter. Issues: 1
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390 Ga. 638 SOUTH EASTERN REPORTER‚ 2d SERIES 282 Ga.App. 229 BECKS v. PIERCE. tained in automobile accident with intoxicated bar patron in the absence of evidence that bar owner knew that patron was going to drive home. West’s Ga.Code Ann. § 51–1– 40(b). No. A06A1149. Court of Appeals of Georgia. Nov. 2‚ 2006. Certiorari Denied Feb. 5‚ 2007. Background: Motorist brought action against bar owner under Dram Shop Act for injuries she sustained in automobile accident with
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