Citation531 U.S. 356 (2001) Brief Fact Summary. Garrett (P) and Ash (P) were both partially disabled state employees who requested the ADA for reasonable accommodation, but were refused. They sued for monetary damages. Synopsis of Rule of Law. The ADA provision which makes it mandatory for employers to provide reasonable accommodation for disabled workers violates the constitutional rights of state employers. ...
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Ashcroft v. The Free Speech Coalition
Citation535 U.S. 234 (2002) Brief Fact Summary. The Child Pornography Prevention Act (CPPA) defined prohibited child pornography to include explicit sexual images which were meant to represent minors but did not use any real children as subjects, being produced by other means such as computer imaging. The Free Speech Coalition (P) argued that this federal law violated the First Amendment. Synopsis of Rule of Law. The Child Pornography Prevention Act (CPPA) of 1996 prevents speech which is not obscene or child pornography, and so impinges on the freedom of speech and violates the constitution ...
Wal-Mart Stores, Inc. v. Dukes
Citation131 S. Ct. 2541 (2011) Brief Fact Summary. A small group of women who alleged discrimination on the basis of gender filed a suit against Wal-Mart Stores, Inc. (D). The action was sought to be changed to a class action, with the certified class represented by the original small group of women who sued the company. This class was the largest ever class. Synopsis of Rule of Law. (1) The Federal Rules 23(a)(2) lays down a “commonality” criterion for class certification, under which more than one million women with a common employer will have to prove they were all subject to the same ...
Thompson v. Altheimer& Gray
Citation248 F.3d 621 [7th Cir. 2003] Brief Fact Summary. The case was one of discrimination in employment. The judge refused to excuse a juror who pleaded that her experience as a business owner would strongly influence her judgment. After the verdict, the losing party argued that the judge made a mistake in retaining the juror. Synopsis of Rule of Law. A person who is called to serve on a jury must be excused from serving if any of his beliefs would prevent him from accepting the evidence with the due weight it deserves and from obeying the instructions of the judge. ...
State Farm Fire and Casualty Co. v. Century Home Components
CitationOr. Sup. Ct., 275 Or. 97, 550 P.2d 1185 (1976) Brief Fact Summary. State Farm Fire & Casualty Co. (P) and many others claimed that fire had been allowed to start and spread causing property harm, by the negligence of Century Home (D). Synopsis of Rule of Law. If the judicial verdicts on a certain issue do not agree with each other, subsequent relitigation of that issue cannot be stopped using collateral estoppel. ...
Searle Brothers v. Searle
CitationUtah Sup. Ct., 588 P.2d 689 (1978) Brief Fact Summary. Searle Bros. (P) claimed a half-share in Slaugh House, rights to which had been granted to Searle (D) during divorce proceedings. Synopsis of Rule of Law. If two persons share identical interest such that either of them represents the same legal right, they are privies. ...
J. McIntyre Machinery, Ltd. v. Nicastro
Citation131 S. Ct.2780 (2011) Brief Fact Summary. The case in New Jersey state court was between an injured worker and the foreign company which manufactured the machinery that injured him. The company disputed the state’s right to exercise its jurisdiction over the case. Synopsis of Rule of Law. The general principle in products liability cases is that the power of a court is not lawful unless the defendant willfully chooses to conduct its activities in the concerned state, in order to make use of the benefits and protection provided by the state. This rule is not rendered void by the stre ...
McKey v. Fairbairn
Citation345 F.2d 739 [D.C. Cir.1985] Brief Fact Summary. Mrs. Littlejohn (P) was a tenant of an apartment on lease. She slipped and fell on water which had leaked through the roof. She sued her landlord for damages and later moved to amend her complaint to bring in some housing regulations after her counsel had agreed orally with the judge that the case was one in negligence. Synopsis of Rule of Law. A judge has wide powers of discretion to refuse to allow evidence in favor of a theory of recovery of damages which is not in the complaint. ...
Jones v. Bock
Citation549 U.S. 199 (2007) Brief Fact Summary. Lorenzo Jones (P), a Michigan prisoner, suffered injuries while in prison, and sought a reassignment to other work he could do with his diminished capacity after the injuries. When the staff refused his request he sued the state. Synopsis of Rule of Law. It is not necessary that a plaintiff should show that he has exhausted all administrative remedies for his claim before he files for a legal remedy. ...
Hertz Corp. v. Friend
Citation130 S.Ct. 1181 (2010) Brief Fact Summary. Hertz Corp. (D) had a class action suit against it. It tried to get the suti removed to federal court, citing diversity jurisdiction as the ground. However, the employees (P) raised the objection that since California was the principal source of revenue for Hertz (D), and most of its business activities were performed there, California should be deemed the principal place of business. Synopsis of Rule of Law. The term “principal place of business” in the federal diversity jurisdiction statute means the location from which the major activit ...
Haddle v. Garrison
Citation525 U.S. 121 (1998) Brief Fact Summary. An employer allegedly conspired to lay off his employee, Haddle (P) to prevent him from giving testimony at a federal criminal trial, upon which Haddle sued him. Synopsis of Rule of Law. A property interest which is protected by the constitution does not have to sustain harm if a Civil Rights claim under section 1985 (2) is to be filed. ...
Goodyear Goodyear Dunlop Tires Operations, S.A. v. Brown
Citation131 S. Ct. 2846 (2011) Brief Fact Summary. Two American boys living in North Carolina were killed in a bus accident in France. Their parents filed against the tire company in North Carolina. Synopsis of Rule of Law. A state has no general personal jurisdiction over a foreign subsidiary of a U.S. corporation if the subsidiary has no ongoing or organized business relationship with the state. ...
Frier v. City of Vandalia
Citation770 F.2d 699 (7th Cir. 1985) Brief Fact Summary. Frier (P) sued Vandalia (D) for the recovery of his car wrongfully possessed by the latter. He lost the suit and then sued Vandalia (D) again in federal court under the Civil Rights Act S. 1983 for depriving him of his car without letting him have due process of law in the matter. Synopsis of Rule of Law. The doctrine of claim preclusion prevents a second claim from being filed for a transaction which gave rise to a first suit with the same cause of action and claim. ...
Davis v. Precoat Metals
Citation2002 WL 1759828 [N.D. Ill. 2002] Brief Fact Summary. In a discrimination suit filed against Precoat Metals (Precoat) (D), Davis (P) who was an employee of their Chicago plant from a minority community, with others, moved for discovery respecting similar complaints made by other employees, Precoat argued that the request was not proper in law regarding such information. Synopsis of Rule of Law. Any request for discovery of information specifically related to the claims of the case is proper.Davis (P) as well as other African-American and Latino employees at the Chicago plant of Precoat ...
Caperton v. A.T.Massey Coal Co., Inc
Citation556 U.S. 868 (2009) Brief Fact Summary. A judge in a state court was to hear a case in which the defendant had been ordered to pay $50 million. He refused to recuse himself from the bench though the person involved had backed his election to the bench with a donation of $3 million. The plaintiff alleged a breach of justice. Synopsis of Rule of Law. A state judge is prohibited by the constitution from hearing a case in which the financial interests of any of his major election campaign backers are involved. ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990) Brief Fact Summary. Dennis Burnham (P) and his wife decided to separate while residing in New Jersey. At that time Mrs. Burnham shifted her residence to California with the children. There she filed for divorce, and served the papers on Mr. Burnham (P) while he was visiting California. Synopsis of Rule of Law. The jurisdiction of a state court can be extended to nonresidents who are bodily present in the state. ...
Ashcroft v. Iqbal
Citation556 U.S. 662 (2009) Brief Fact Summary. JavaidIqbal (P) was a Pakistani citizen who was arrested on criminal charges and detained by federal officials following the terrorist attack on 9/11. He filed suit against federal officials on the ground that his imprisonment was under conditions that infringed on his constitutional rights. The defendants moved the court to dismiss the complaint on grounds of facial insufficiency. Synopsis of Rule of Law. A complaint must be non-conclusory,ie, base allegations on facts and be believable under the rules of logic and circumstances to be considere ...
Muscarello v. United States
Citation524 U.S. 125 (1998) Brief Fact Summary. Muscarello (D), a convicted drug trafficker, argued that he should not receive a mandatory 5-year minimum sentence under 18 U.S.C. Section 924(c)(1) since the law provides for such a sentence only when the criminal carries or uses a firearm during the crime or in relation to it, which was not true in his case since the firearm was in the locked glove compartment of his car during the time. Synopsis of Rule of Law. The phrase “carries a firearm” includes knowingly possessing and carrying firearms in a vehicle, including its locked gl ...
Latimer v. The Queen
CitationCan. Sup. Ct., 1 S.C.R. 3, 193 D.L.R. (4th) 577 (2001) Brief Fact Summary. Latimer, convicted of murder for killing his daughter, pleaded the defense of necessity. Synopsis of Rule of Law. When necessity is pleaded as a defense, the three elements which should be established are a situation of urgent and clear peril, the lack of a reasonable legal option, and the proportion between the harm or injury inflicted and the harm avoided. ...
Varian Medical Systems, Inc. v. Delfino
CitationCal. App. Ct., 113 Cal. App. 4th 273 (2003) Brief Fact Summary. Delfino (D) and Day (D) were former employees of Varian Associates, Inc. (P). They were found to have defamed Varian and two of its officers by thousands of insulting postings on Internet bulletin boards. The employees argued, among other things, that internet speech is not to be taken literally, and as such is to be considered hyperbole rather than literal speech. Thus even if it is defamatory, it would come under the class of slander and not libel. Synopsis of Rule of Law. If a communication published via Internet is ...
United States v. Olsen
CitationUnited States v. Olson, 546 U.S. 43, 126 S. Ct. 510, 163 L. Ed. 2d 306, 2005 U.S. LEXIS 8372, 74 U.S.L.W. 4008, 2005 AMC 2773, 18 Fla. L. Weekly Fed. S 573 (U.S. Nov. 8, 2005) Brief Fact Summary. Mine workers and a spouse (P) filed for tort against the U.S.(D) under the Federal Torts Claims Act for injuries suffered due to the alleged negligence of federal mine inspectors, arguing that the U.S had agreed to waive sovereign immunity under the Act. Synopsis of Rule of Law. Under theFederal Torts Claims Act, the U.S. waives sovereign immunity only in such circumstances as would make a ...
Rainer v. Union Carbide Corporation
CitationRainer v. Union Carbide Corp., 402 F.3d 608, 2005 U.S. App. LEXIS 3795, 2005 FED App. 0112P (6th Cir.), 66 Fed. R. Evid. Serv. (Callaghan) 879 (6th Cir. Ky. Mar. 8, 2005) Brief Fact Summary. Workers (P) at a uranium-enrichment plant were exposed to dangerous radioactivity which could damage their DNA and chromosomes. They were not told about the presence of this exposure. They sued the employers for damages and also argued that their claims fell under an exception in the state workers’ compensation act. Synopsis of Rule of Law. The phrase “ deliberate inten ...
Michalson v. Nutting
CitationMichalson v. Nutting, 175 N.E. 490, 275 Mass. 232, 1931 Mass. LEXIS 1369, 76 A.L.R. 1109 (Mass. 1931) Brief Fact Summary. The plaintiffs filed a case seeking a judicial order on the defendants preventing their tree roots from growing on to and injuring the property belonging to the plaintiffs. Synopsis of Rule of Law. A property owner cannot be held liable for damage caused by the roots of a tree growing on his land which encroaches on the adjoining property of another farmer. ...
Herbert v. Enos
CitationHebert v. Enos, 806 N.E.2d 452, 60 Mass. App. Ct. 817, 2004 Mass. App. LEXIS 410 (Mass. App. Ct. Apr. 15, 2004) Brief Fact Summary. Herbert (P) argued that he suffered electrical shock and injuries as a direct consequence of the faulty toilet repair carried out by Enos on the second floor, and so Enos was legally responsible for the harm suffered by Herbert. Synopsis of Rule of Law. A negligence suit may be dismissed as a non-legal issue if the plaintiff cannot show his harm to have been a reasonably foreseeable consequence of the defendant’s negligent act. ...
Firth v. State of New York
CitationFirth v. State, 2005 N.Y. LEXIS 1067, 4 N.Y.3d 709, 830 N.E.2d 1145, 797 N.Y.S.2d 816 (N.Y. 2005) Brief Fact Summary. Firth was an employee of the state of New York, who sued when the state published a critical job performance review online. Synopsis of Rule of Law. (1) Under the statute of limitation, the single publication rule can be invoked for alleged defamation posted online on a website.(2) Modifying a different part of the website which has no relation to the original content does not mean republication has occurred. ...