Case Study: Welge V. Planter's Lifesavers

when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional

The government failed to establish the items actually in Ms. Borne ’s possession could be objectively viewed as component parts to a destructive

Though in Grutter v. Bollinger we deal with the 14th amendment of the Equal Protection Clause and racial classifications too, the way race is used is slightly differs. In this particular case, the court had to decide whether the use of race at the Univeristy of Michigan Law School during the admissions process violated the Equal Protection Clause of the 14th amendment. Barbara Grutter, a Caucasian applicant, applied to the University of Michigan in 1996 with a 3.8 GPA and a score of 161 on her LSAT. Grutter was placed on the waitlist, but was subsequently denied admission to the school. Grutter claims that she was only denied because of her race, as the University uses race as a factor in the admission process.

trust and confidence.” Cobb v. Pennsylvania Life Ins. Co., 215 N.C.App. 268, 278, 715 S.E.2d 541, 550 (2011). Contrast these relationships with cases where the Court has found the existence of a fiduciary duty or relationship: where a defendant took advantage of his relationship with his ill brother (Terry v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)); where a defendant took advantage of his relationship with his wife (Link v. Link, 278 N.C. 181, 179 S.E.2d 697 (1971)); or where a defendant son took advantage of his relationship with his mother (Vail v. Vail, 233 N.C. 109, 63 S.E.2d 202 (1951)).

After a thorough analysis of the facts of the case Resurfice v. Hanke, one can see that the decision made by the Supreme Court of Canada, to allow the appeal was definitely the right decision. The Supreme court made the right decision in establishing that it was Hanke’s contributory negligence that acted as the primary cause for the explosion. But for Ralph Hanke placing the hot water hose in the gas tank, the fumes would not have ignited and the explosion would not have happened. The Supreme court was right in realizing that regardless of the presence of minor design flaws, Resurifce should not be punished for Hanke’s error. Secondly the Zamboni was designed in a way to one could easily distinguish the two tanks.

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.

Together, they pored over clues and testimony. Gilbert says that she would send Reaves leads to follow up, but although he was sympathetic, nothing seemed to come of them. In 2002, a federal district court of appeals denied Willingham’s writ without even a hearing. “Now I start the last leg of my journey,” Willingham wrote to Gilbert. “Got to get things in order.”

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.

One of the many landmark cases heard by the United States Supreme Court in American history was Lemon vs Kurtzman. In 1971 the Supreme Court had to decide if states could give money to certain religious based schools to hire staff even if the teachers couldn’t teach religious classes. The first amendment to the Constitution established the law of separation of church and state. What is the established boundary between church and state? This case would be the defining point in that fight between the involvement of a state and the churches.

Kelly slipped on a woodchip dropped by other customers and got injured . However , the court considered the supermarket still fallen below the required standard of care . And the plaintiff won the case .Because they did not have the adequate cleaning system in their management for that area. On the opposite, for Griffin v Coles Myer Ltd in 1991 ,the plaintiff lost the case as an end .

Whether the Defendant, Mr. Jones and Cut-Rate Liquor, knew or ought to have known that the customer, Mr. Watkins, was intoxicated? According to the evidence obtained in Direct Examination, Mr. Jones maintains that he did not know and he could not have ought to have known that Mr. Watkins was intoxicated. In fact, Mr. Jones states with a certainty that “At no time on that date did I sell liquor to someone who appeared drunk. That is against the company policy, and I can be fired for doing so.”

Due to the defendant’s negligence and lack of regard for safety, the court found that the defendant did owe a duty of care to the

This decision was upheld by The Illinois Supreme Court affirmed. However, later the United Stated Supreme Court made a reversal and ruled that probable cause existed. This reversal lead to The US Supreme Court also making a reversal in their decision in the Spinelli case; it was determined that the” totality of the circumstances” should be considered when testing if probable cause,

Nordstrom: Dissension in the Ranks (A) 1. What is the cause of the problems described in the case? How serious are these problems? Nordstrom’s labor practices came under scrutiny after several employee grievances, union allegations and court suits claimed that Nordstrom was not paying the employees for the full amount of time that they were working at the company. Sales Per Hour (SPH) was at the core of these problems.

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