she should wait for an Advanced Life Support ambulance; the plaintiff’s mother did wait‚ but the ALS ambulance did not arrive until 20 minutes later; the plaintiff survived‚ but suffered significant brain damage. The plaintiff claimed that the defendant should have transported the infant plaintiff to the hospital immediately rather than waiting an additional 20 minutes for the ALS ambulance to effectuate transport. The court held that defendant’s actions were ministerial and the special relationship
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Donnelly V. Rees‚ 141 Cal. 56 (1903) Court: California Supreme Court FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased‚ who was known to be a habitual drunkard for more than five years before the execution of the deed. ISSUE: The plaintiff was not required to make any payments on account of an alleged bill against the
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a false light on their charges filed by the SEC. 209 N.J. 235 (2011). Citing the two Plaintiffs were being charged with criminal activity and not arrested‚ Nutley Sun accidently misreported the facts as the opposite. The courts did find for the defendants; as the headline claiming the Plaintiffs were arrested was not done with malice intent nor‚ what the newspaper truly meant to report. This is not the case with the blog article posted in relation to Shea Simmons. Blantly‚ she was blamed for the
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people ** At the time the statement must be innuendo‚ not fals False Innuendo: An alternative meaning which the ordinary‚ reasonable person who can read between the lines would infer from the words is known as the ‘false innuendo’ meaning. Defendant doesn’t need to be aware of the extrinsic facts Cassidy v. Daily Mirror 1929 A newspaper published a photograph of a man
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constant‚ unlawful and indirect interference with the use or enjoyment of land‚ or of some right over or in connection with it. As noted there are 3 necessities under the definition which must be satisfied by a litigant to be successful to claim to the defendant. These 3 requisites must be considered as shown below. 1. For a claimant to succeed‚ he must show that there is an incessant intercession over a
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showing (1) she is within the protected age class‚ (2) that she was qualified for the position‚ (3) she was dismissed despite being qualified‚ (4) she was replace by a person sufficiently younger. Once this is determined‚ it now falls upon the defendant to produce the burden of proof that it had a legitimate‚ nondiscriminatory reason for the discharge (Towmey‚ pg. 528).
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The assumption standard does not meet modern pleading standards because it allows plaintiffs to present a claim that is missing an essential element of due process. An initial question is what are modern pleading standards? Pleadings standard in the modern era have become stricter and require plaintiffs to show more than they might have in the past. In two cases‚ Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly ‚ the Supreme Court expanded the scope of pleading requirements. The Supreme
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Felthouse v Bindley From Wikipedia‚ the free encyclopedia Felthouse v Bindley Court Court of Common Pleas Citation(s) (1862) 11 Cb (NS) 869; [1862] EWHC CP J35; 142 ER 1037 Transcript(s) Full text of judgment Judge(s) sitting Willes J‚ Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35‚ is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one ’s offer. This is sometimes misleadingly expressed as a rule that "silence cannot
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sums of money from her previous employer. The defendant had been employed at a large department store for more than 25 years. Because of her valuable years of experience in accounting with the store‚ she was in charge of accounts receivable at the store. Her previous employer‚ the plaintiff in the case‚ claims that she embezzled $18‚634 three years ago‚ $39‚072 two years ago‚ and $27‚045 last year. You mentioned that you had represented defendants in similar cases in previous years. Your assistance
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Year:1897 Bench Strength:2 Facts: Defendant made a payment to a party that was an agent in that behalf of the plaintiff. It is not suggested that there was any fraud on the part of the defendants‚ who made the payment. Issue: 1.Whether a payment made to one of two persons jointly entitled under mortgage bond can be pleaded as a valid discharge of the debt in an action brought by the other person interested in the bond? Arguments for the Appellant Defendant. Payment to one joint creditor was a
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