Citation. 404 U.S. 71, 92 S.Ct. 251, 30 L.Ed.2d 225 (1971). Brief Fact Summary. Plaintiff challenged an Idaho statute which indicated males were preferred to females in the administration of an intestate estate. Synopsis of Rule of Law. Statutes with gender-based classifications must be substantially related to an important government interest in order to be valid under the Equal Protection Clause of the 14th Amendment. ...
Search Results
Reed v. Reed
Citation22 Ill.404 U.S. 71, 92 S. Ct. 251, 30 L. Ed. 2d 225 (1971) Brief Fact Summary. The Petitioner, Ms. Reed the mother of a deceased child (Petitioner), alleges a statute that prefers males over females in the administration of an estate to which they both have equal claims, violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution (Constitution). Synopsis of Rule of Law. Classifications based on gender must be substantially related to an important government interest in order to be upheld per the Equal Protection Clause of the Fourteenth Amendm ...
Reed v. Gilbert
Citation__ U.S. ___, 135 S.Ct. 2218, 192 L.Ed.2d 236 (2015). Brief Fact Summary. Pastor Clyde Reed put up signs around time indicating the time of his upcoming church services in the town of Gilbert, Arizona. The town had laws regulating the content of signs, and Pastor Reed’s church was cited for violating these laws. Pastor Reed sued, challenging these ordinances on First Amendment grounds. Synopsis of Rule of Law. When an ordinance discriminates on the basis of content, it is subject to strict scrutiny review. ...
Reed v. Town of Gilbert
Citation135 S. Ct. 2218 (2015) Brief Fact Summary. The town of Gilbert’s officials confiscated the Church’s signs for the alleged violation of the Town’s Sign Code, which imposed more stringent restrictions on signs that direct the public to a meeting of a nonprofit group. The Town noted that the Church exceeded the time limits for displaying its temporary directional signs and failed to include the date of the event on the signs. Reed contacted the Sign Code Compliance Department to reach an accommodation but his efforts proved unsuccessful. The petitioners filed a ...
Arizona Free Enterprise Club’s Freedom PAC v. Bennett
Citation564 U.S. 721 (2011) Brief Fact Summary. The Arizona Clean Elections Act established public financing rules for state elections that allowed candidates to receive state funds if they complied with certain criteria. The PAC argued that the law was unconstitutional under the First Amendment because it effectively placed a penalty on self-funded candidates. The state argued that the law promoted transparency in campaign finance and reduced corruption by allowing publicly-funded candidates to financially match candidates who were receiving funds from unnamed interest g ...
Freedom’s Path at Dayton v. Dayton Metro. Hous. Auth.
Citation. __ F.Supp.3d __, 2018 WL 2948021 (S.D. Ohio, June 13, 2018) Brief Fact Summary. Plaintiff sued Defendant, alleging that Defendant violated the Americans with Disabilities Act of 1990 and the Fair Housing Act of 1968. During discovery, Defendant moved for protective order and Plaintiff moved to compel discovery. Synopsis of Rule of Law. The party who is moving for a protective order must articulate specific facts showing clearly defined and serious injury resulting from the discovery sought and the party cannot rely on mere conclusory statements. ...
Freedom from religion foundation, Inc. v. Emanuel County School System
Citation109 F.Supp.3d 1353 (2015) Brief Fact Summary. Plaintiffs sued Defendants, alleging that Defendants had violated Plaintiffs’ civil rights and the Establishment Clause of the First Amendment by endorsing prayer in a public-school classroom. The two individual plaintiffs sought leave of court to proceed using pseudonyms, arguing that they needed to remain anonymous in fear of reprisal from the community. Synopsis of Rule of Law. A party may remain anonymous during the litigation of a matter so long as a substantial privacy right outweigh ...
United States v. Freed
Citation401 U.S. 601 (U.S. 1971) Brief Fact Summary. The federal government appealed the district court’s dismissal of Freed’s possession charge. Synopsis of Rule of Law. Possessing controlled substances does not qualify as a specific intent crime. Facts. Freed was charged for possession of controlled substances when he possessed unregistered handguns. The district court dismissed Freed’s charge because the federal government did not establish Freed’s intent. The Supreme Court granted certiorari. Issue. Whether possessing controlled substances qualifies as a specific intent crim ...
Freed v. Erie Lackawanna Railway Co.
Citation445 F.2d 619 (6th Cir. 1971) Brief Fact Summary. Freed (Plaintiff) was struck by a train car operated by Erie Lackawanna Railway Co. (Defendant) and sued over his injuries. Defendant introduced evidence at trial that conflicted with answers it had provided to interrogatories. Synopsis of Rule of Law. Answers to interrogatories provided by a party are not binding on that party at trial. ...
Anglia Television v. Reed
Citation3 All E.R. 690 (House of Lords 1971) Brief Fact Summary. An actor and a media company entered into a contract for the actor to star in a film of a play for television. The actor had to repudiate the contract, and a question as to the damages owed by the actor to the media company arose. Synopsis of Rule of Law. If a party cannot demonstrate an amount of lost profits they are entitled to, both expenditures incurred before and after the contract was concluded will be part of the damages award, if those expenditures "would reasonably be in the contemplation of the parti ...
Reed v. McCord
CitationReed v. McCord, 18 A.D. 381, 1897 N.Y. App. Div. LEXIS 1220, 46 N.Y.S. 407 (N.Y. App. Div. June 1, 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party’s own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements made by ...
Reed v. Ross
CitationReed v. Ross, 468 U.S. 1, 104 S. Ct. 2901, 82 L. Ed. 2d 1, 1984 U.S. LEXIS 126, 52 U.S.L.W. 4905 (U.S. June 27, 1984) Brief Fact Summary. An individual was convicted of murder, but a Supreme Court case decided after his conviction concluded that a procedural aspect of all cases including his was deemed invalid. Synopsis of Rule of Law. “[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures.” ...
Gibbs v. Breed, Abbot & Morgan
CitationGibbs v. Breed, Abbott & Morgan, 271 A.D.2d 180, 710 N.Y.S.2d 578, 2000 N.Y. App. Div. LEXIS 7754 (N.Y. App. Div. 1st Dep’t July 13, 2000) Brief Fact Summary. Charles Gibbs and Robert Sheehan, (Plaintiffs), former partners of Breed, Abbot & Morgan, (Defendant), brought suit against Defendant for monies due to them under their employment contract. Defendant alleged Plaintiffs breached their fiduciary duty to Defendant. Plaintiffs appeal the trial court judgment in favor of Defendant in the amount of $1,861,045. Synopsis of Rule of Law. It is a breach of fiduciary duty fo ...
Kovacik v. Reed
CitationKovacik v. Reed, 49 Cal. 2d 166, 315 P.2d 314, 1957 Cal. LEXIS 254 (Cal. 1957) Brief Fact Summary. Plaintiff, Stephen Kovacik, solicited Defendant, Henry Reed, to enter a partnership wherein Plaintiff provided the money and Defendant provided the labor. Plaintiff sought to collect half of the money that he contends the business lost during their partnership. Synopsis of Rule of Law. In a partnership wherein one partner contributes capital and the other labor, the partner contributing capital can not hold the other accountable for money lost, just as the partner responsible for servi ...
Reed v. Sears, Roebuck & Co
CitationReed v. Sears, Roebuck & Co., 934 F. Supp. 713, 1996 U.S. Dist. LEXIS 12194, 33 U.C.C. Rep. Serv. 2d (Callaghan) 51 (D. Md. Aug. 15, 1996) Brief Fact Summary. Owen L. Reed, Jr. and Donna Reed, (Plaintiffs) bring this action individually and on behalf of their child, seeking damages against Sears, Roebuck & Co., (Defendant) for the sale of an allegedly defective storm door that caused injuries to their child. Defendant seeks summary judgment claiming the sealed containers defense. Synopsis of Rule of Law. The sealed container defense applies to products liability claims allegi ...
Ybarra v. Spangard
Citation25 Cal. 2d 486, 154 P.2d 687 (1944) Brief Fact Summary. Plaintiff suffered serious injuries and pain after receiving a surgery at a hospital. Other doctors told him that his injuries were caused by trauma by pressure. Plaintiff sued all doctors and nurses that cared him during the previous surgery and hospitalization. Synopsis of Rule of Law. The doctrine of res ipsa loquitur applies where a plaintiff received unusual injuries while unconscious and in the course of medical treatment. All defendants who had any control over his body or the ...
Vincent v. Lake Erie Transportation Co.
Citation124 N.W. 221 (Minn. 1910) Brief Fact Summary. Defendant tied its steamship to plaintiffs’ dock during a severe storm to preserve its ship. Due to the severity of the storm, the ship hit the dock constantly and caused damages to the dock. Plaintiffs sought compensation from defendant. Synopsis of Rule of Law. A party who damages the property of another while acting out of private necessity must compensate the property owner for the resulting damage. ...
The Florida Star v. B.J.F.
Citation491 U.S. 524 (1989) Brief Fact Summary. The defendant newspaper published the name of a rape victim which it had obtained from a publicly released police report, despite a Florida law prohibiting such action. Synopsis of Rule of Law. If a newspaper lawfully obtains truthful information about a matter of public significance, then state officials may not punish publication of that information without a highly compelling reason. ...
Tarasoff v. Regents of the University of California
Citation17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (1976) Brief Fact Summary. Poddar told his therapist at school that he would kill Tatiana Tarasoff during his therapy session. The therapist did not warn Tatiana, and Poddar killed her. Tatiana’s parents sued the therapist and the university. Synopsis of Rule of Law. There’s no general duty to control a third party, unless there’s a special relationship, then you have to take reasonbale steps to prevenrt foreseeable violence. ...
Summers v. Tice
Citation33 Cal. 2d 80, 199 P.2d 1 (1948) Brief Fact Summary. Both defendants shot at plaintiff’s direction at the same time. Plaintiff was seriously injured but there was no way to determine which one of the defendants fired the shot that injured plaintiff. Synopsis of Rule of Law. Two tortfeasors can both be liable even the injury could only be caused by one of them. If there is no way to determine which defendant’s negligence caused the injury, the burden of proof shifts to the defendants. When defendants cannot not work out appor ...
State v. Exxon Mobil Corp.
Citation126 A.3d 266 (N.H. 2015) Brief Fact Summary. Plaintiff, the State of NH sued several gasoline suppliers and chemical manufacturers for causing groundwater contamination. Defendant was one of those companies. Synopsis of Rule of Law. Under market share liability, the burden of identification shifts to the defendants if the plaintiff establishes a prima facie case on every element of the claim except for identification of the actual tortfeasors. Each defendant would be severally liable for the portion of the judgment that represents it ...
State Rubbish Collectors Association v. Siliznoff
Citation38 Cal. 2d 330, 240 P.2d 282 (1952) Brief Fact Summary. The defendant acquired an account for rubbish collection through his father-in-law, who was a member of the plaintiff trade association. The account was taken from Abramoff, another member of the association. The defendant, a non-member, was threatened that if he did not pay Abramoff for the account and join the trade association, he would be beaten up and his career would be over. Synopsis of Rule of Law. The jury is in the best position to determine whether a claim for emotional dist ...
Rodriguez v. Del Sol Shopping Center Associates, L.P.
Citation326 P.3d 465 (N.M. 2014) Brief Fact Summary. In these consolidated cases, a truck crashed through the window of Concentra Medical Clinic, causing deaths and injuries of several people. Both groups of plaintiffs sued the defendant, which was the owner and operator of the shopping center that Concentra located at. Synopsis of Rule of Law. When determining the existence of a duty of care, foreseeability is not a question for courts to consider. ...
Ploof v. Putnam
Citation. 81 Vt, 471, 71 A. 188 (1908) Brief Fact Summary. Plaintiff tied his boat to defendant’s dock to avoid danger in the midst of a violent storm. Defendant’s servant found out and untied the boat. Plaintiff and his family were injured and the boat was destroyed by the storm. Synopsis of Rule of Law. Necessity is a justifiable defense to entries upon land and interferences with personal property that would otherwise have been trespass. ...
Hoyt v. Jeffers
Citation30 Mich. 181 (1874) Brief Fact Summary. Plaintiff’s hotel caught fire and was destroyed. Plaintiff claimed that the fire was caused by sparks emitted from the chimney of defendant’s mill and sued for defendant’s negligence. Synopsis of Rule of Law. When there is no direct evidence, the jury may consider circumstantial evidence to determine causation. ...