Citation22 Ill.467 U.S. 229, 104 S. Ct. 2321, 81 L. Ed. 2d 186 (1984) Brief Fact Summary. This case involved a constitutional challenge to a Hawaii law under which property held in fee simple by just a few people was condemned and sold to lessees of the property in order to re-distribute the fee simples on the island. The Fifth Amendment of the United States Constitution provides that “private property shall not be taken for public use without just compensation.” Synopsis of Rule of Law. The mere fact that property taken outright by eminent domain is transferred in the first in ...
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United States v. Causby
Citation22 Ill.328 U.S. 256, 66 S. Ct. 1062, 90 L. Ed. 1206 (1946) Brief Fact Summary. Respondents claim that their property was taken, within the meaning of the Fifth Amendment, by the regular army and navy aircraft flights over their house and chicken farm. Synopsis of Rule of Law. The airspace is a public highway, but if the landowner is to have the full enjoyment of his land, he must have exclusive control over the immediate reaches of the enveloping atmosphere. ...
Spur Industries, Inc. v. Del E. Webb Development Co
Citation22 Ill.108 Ariz. 178, 494 P.2d 700, 4 ERC 1052 (1972) Brief Fact Summary. In 1956, Spur Industries, Inc.’s (Defendant’s) predecessor established cattle feed lots in a rural area outside of Phoenix. In 1959, Webb Development Co. (Plaintiff) established a residential development called Sun City. Both the feed lot and the development has since expanded. Plaintiff has sued Defendant for an injunction arising from the nuisance created by the feed lot due to flies and odor, which drifts into Sun City with the wind. Synopsis of Rule of Law. “Coming to the nuisance” ...
Neponsit Property Owners’ Ass’n v. Emigrant Industrial Sav. Bank
Citation22 Ill.278 N.Y. 248, 15 N.E.2d 793 (1938) Brief Fact Summary. A property owners’ association sought enforcement of a lien that arose under a covenant running with the land (real covenant). Synopsis of Rule of Law. The property owners’ association may enforce the real covenant despite not owning any of the property sought to be benefited. This is a departure from the strict requirements of privity. ...
Jancik v. Department of Housing and Urban Development
Citation44 F.3d 553 Brief Fact Summary. Jancik, Petitioner, owns an apartment building, and ran an ad in a newspaper which was claimed by the Leadership Council for Metropolitan Open Communities to violate provisions of the Fair Housing Act (FHA). Synopsis of Rule of Law. The FHA is violated where an ad for housing suggests to an ordinary reader that a particular group is preferred or dispreferred for the housing in question, which may be proven by subjective evidence of the intent of the person who places the ad. ...
Aquarian Foundation, Inc. v. Sholom House, Inc
Citation22 Ill.448 So. 2d 1166 (Fla. 3d DCA 1984) Brief Fact Summary. The Sholom House condominiums required the written consent of the condominium association’s board of directors to any sale, lease, assignment or transfer of a unit owner’s interest. Bertha Albares, a member of the board of directors, sold her condominium to Defendant Aquarian Foundation, without obtaining the required written consent. Synopsis of Rule of Law. Despite the law’s recognition of the particular desirability of restrictions on the right of transfer in the context of condominium living, such r ...
Sheridan Suzuki, Inc. v. Caruso Auto Sales
Citation22 Ill.110 Misc. 2d 823, 442 N.Y.S.2d 957 (Sup. Ct. 1981) Brief Fact Summary. Plaintiff Sheridan Suzuki sold a motorcycle to Ronald Bouton, who paid with a bad check and then sold the vehicle to Defendant Caruso Auto Sales the following day. Synopsis of Rule of Law. The common law rule that a thief could never pass good title has been supplanted by the statutory rule that a person receiving goods incident to a transaction involving a dishonored check receives only voidable title. A bona fide purchaser for value can receive good title from a person with voidable title so long as oth ...
Bower v. Westinghouse Corp
CitationBower v. Westinghouse Elec. Corp., 206 W. Va. 133, 522 S.E.2d 424, 1999 W. Va. LEXIS 118, 49 ERC (BNA) 1587 (W. Va. July 19, 1999) Brief Fact Summary. Plaintiffs alleged anticipated injuries, rather than physical injuries, as a result of being exposed to a toxic substance. Synopsis of Rule of Law. Despite the fact that there is no evidence of physical injury, the law allows damages for anticipated injuries. ...
Hustler Magazine v. Falwell
CitationHustler Magazine v. Falwell, 485 U.S. 46, 108 S. Ct. 876, 99 L. Ed. 2d 41, 1988 U.S. LEXIS 941, 56 U.S.L.W. 4180, 14 Media L. Rep. 2281 (U.S. Feb. 24, 1988) Brief Fact Summary. After Hustler Magazine and Larry Flynt (Petitioners) published an advertisement, depicting Jerry Falwell (Respondent) as having his “first time” in an outhouse with his month, the reverend brought suit based on invasion of privacy, libel and intentional infliction of emotional distress. Synopsis of Rule of Law. When an advertisement parodying a public figure depicts facts which no reasonable person ...
Neiman-Marcus v. Lait
CitationNEIMAN-MARCUS CO. v. LAIT, 17 F.R.D. 119, 1954 U.S. Dist. LEXIS 4183 (D.N.Y. 1954) Brief Fact Summary. The Defendants, Lait and others (Defendants), wrote an article making accusations about three groups of employees at the Plaintiff, Neiman-Marcus’s (Plaintiff), department store. Plaintiff and representatives of each of these groups brought a libel suit. Synopsis of Rule of Law. A large group of individuals cannot bring a libel claim unless the allegedly libelous statement makes specific defamatory statements against an individual member of the group. ...
Spur Industries, Inc. v. Del E. Webb Development Co
CitationSpur Indus. v. Del E. Webb Dev. Co., 108 Ariz. 178, 494 P.2d 700, 1972 Ariz. LEXIS 274, 4 ERC (BNA) 1052, 53 A.L.R.3d 861, 2 ELR 20390 (Ariz. Mar. 17, 1972) Brief Fact Summary. The Plaintiff, Del E. Webb Development Co. (Plaintiff), brought suit for an injunction of the Defendant, Spur Industries, Inc.’s (Defendant), feedlot based on a public nuisance claim. Defendant had been established in the area long before Plaintiff built residential property nearby. Synopsis of Rule of Law. When a developer has brought into a previously agricultural or industrial area the population, w ...
O’Brien v. Muskin Corp
CitationO’Brien v. Muskin Corp., 94 N.J. 169, 463 A.2d 298, 1983 N.J. LEXIS 2739, CCH Prod. Liab. Rep. P9735 (N.J. Aug. 2, 1983) Brief Fact Summary. The Plaintiff, Gary O’Brien (Plaintiff), was injured when he dove into an above ground pool designed and manufactured by the Defendant, Muskin Corp. (Defendant). Plaintiff brought suit claiming that Defendant was strictly liable for the defectively designed pool. Synopsis of Rule of Law. Based on risk utility analysis, a defendant may be liable for a design defect even if his product complied with the existing level of technologica ...
Sandy v. Bushey
CitationSandy v. Bushey, 124 Me. 320, 128 A. 513, 1925 Me. LEXIS 25 (Me. 1925). Brief Fact Summary. The Plaintiff, Sandy (Plaintiff), was injured when he was kicked by the Defendant, Bushey’s (Defendant), horse. Defendant knew that the horse had vicious propensities. Synopsis of Rule of Law. Contributory negligence is not a bar to recovery for an action in strict liability. ...
Deuser v. Vecera
CitationDeuser v. Vecera, 139 F.3d 1190 (8th Cir. Mo. Mar. 26, 1998) Brief Fact Summary. Albert Deuser (Mr. Deuser), found to be drunk and obnoxious at a fair, was arrested and then released by National Park Rangers. After being released, Mr. Deuser wandered into a street and was killed. The Appellants, Mr. Deuser’s survivors (Appellants), brought a claim against the Appellees, the United States and certain individuals including David Vecera (Mr. Vecera)(Appellees), under the Federal Tort Claims Act (FTCA). Synopsis of Rule of Law. The discretionary function exception to the FTCA dis ...
Rush v. Commercial Realty Co
CitationRush v. Commercial Realty Co., 7 N.J. Misc. 337 (Sup. Ct. Mar. 28, 1929) Brief Fact Summary. The Plaintiff, tenant Rush (Plaintiff), was injured when she fell through the floor of a detached privy. Plaintiff won a suit against the Defendant landlord, Commercial Realty Co. (Defendant). The Defendant appealed. Synopsis of Rule of Law. Implied assumption of the risk is applicable only when a plaintiff voluntarily encounters a known risk. ...
Zimmerman v. Ausland
CitationZimmerman v. Ausland, 266 Ore. 427, 513 P.2d 1167, 1973 Ore. LEXIS 373, 62 A.L.R.3d 1 (Or. 1973) Brief Fact Summary. The Plaintiff, Zimmerman (Plaintiff), obtained a $7,500 jury verdict for damages incurred during an automobile accident caused by the Defendant, Ausland (Defendant). These damages included a permanent injury based on torn cartilage, preventing Plaintiff from engaging in strenuous physical education activities. Synopsis of Rule of Law. In order to recover for permanent injuries, a plaintiff has a duty to mitigate those damages by submitting to treatment that would cu ...
Kline v. 1500 Massachusetts Ave. Apartment Corp
CitationKline v. 1500 Massachusetts Ave. Apartment Corp., 439 F.2d 477, 1970 U.S. App. LEXIS 7831, 141 U.S. App. D.C. 370, 43 A.L.R.3d 311 (D.C. Cir. Aug. 6, 1970). Brief Fact Summary. The Plaintiff, Kline (Plaintiff) a lessee of Defendant, 1500 Massachusetts Ave. Apartment Corp. (Defendant), was assaulted and robbed in a common hallway of Defendant’s apartment. Defendant was on notice that assaults were occurring in the hallway, but nonetheless stopped employing a doorman. Plaintiff sued for injuries sustained. Synopsis of Rule of Law. Landlords have a duty to take steps to protect ...
Thing v. La Chusa
CitationThing v. La Chusa, 48 Cal. 3d 644, 771 P.2d 814, 257 Cal. Rptr. 865, 1989 Cal. LEXIS 1492 (Cal. Apr. 27, 1989) Brief Fact Summary. The Plaintiff, Maria Thing’s (Plaintiff) son was struck by an automobile and injured. Plaintiff did not witness the accident, but arrived at the scene shortly thereafter. Plaintiff sued the Defendant, James La Chusa (Defendant), for negligent infliction of emotional distress. Synopsis of Rule of Law. The California Supreme Court has ruled that a plaintiff must be present when an injury occurs and be closely related to the injured party to recover ...
State of Louisiana ex rel. Guste v. M/V Testbank
CitationLouisiana ex rel. Guste v. M/V Testbank, 752 F.2d 1019, 1985 U.S. App. LEXIS 28008, 1985 AMC 1521, 15 ELR 20273, 22 ERC (BNA) 1491, 88 A.L.R. Fed. 239 (5th Cir. La. Feb. 11, 1985) Brief Fact Summary. Two ships collided, causing toxic chemicals to be released into the environment and causing the United States Coast Guard (Coast Guard) to close a Mississippi River outlet. Numerous lawsuits were filed by those affected by the closing of the outlet. The district court granted a motion for summary judgment on all claims for economic loss unaccompanied by physical damage to property. Syno ...
Coney v. J.L.G. Industries, Inc
CitationConey v. J.L.G. Industries, Inc., 97 Ill. 2d 104, 454 N.E.2d 197, 1983 Ill. LEXIS 414, 73 Ill. Dec. 337, CCH Prod. Liab. Rep. P9617 (Ill. May 18, 1983) Brief Fact Summary. A wrongful death action based on strict products liability was brought against the Defendant, J.L.G. Industries (Defendant). Defendant claims that the deceased committed contributory negligence, the deceased’s employer was also negligent and that the adoption of comparative negligence should eliminate joint and several liability. Synopsis of Rule of Law. Joint and several liability is still applicable when ...
Compuserve, Inc. v. Cyber Promotions, Inc
CitationCompuserve Inc. v. Cyber Promotions, 962 F. Supp. 1015, 1997 U.S. Dist. LEXIS 1997, 25 Media L. Rep. 1545 (S.D. Ohio Feb. 3, 1997) Brief Fact Summary. Despite Plaintiff’s request that they cease to do so, Defendants continually distributed unsolicited e-mail advertisements to the subscribers of Plaintiff. Although Plaintiff implemented measures to filter out Defendants’ unsolicited messages, Defendants reconfigured their messages so as to circumvent these measures and reach the intended targets. Plaintiff sought to enjoin Defendants from continuing in its efforts to send ...
Fisher v. Carrousel Motor Hotel, Inc
CitationFisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627, 1967 Tex. LEXIS 267, 11 Tex. Sup. J. 143 (Tex. Dec. 27, 1967) Brief Fact Summary. At a professional conference held in Defendant’s hotel, one of Defendant’s employees seized a plate from the Plaintiff’s hand, shouting that a “Negro could not be served in the club”. Defendant’s employee did not make physical contact with Plaintiff, but the event was witnessed by many of Plaintiff’s colleagues. Plaintiff sought actual and punitive damages for assault and battery. Synopsis of Rule of Law. A P ...
Clodgo v. Industry Rentavision, Inc
CitationClodgo v. Rentavision, Inc., 166 Vt. 548, 701 A.2d 1044, 1997 Vt. LEXIS 181 (Vt. July 11, 1997) Brief Fact Summary. Clodgo (Plaintiff) was hurt while involved in horseplay at work. Plaintiff sought an award of workers’ compensation. Synopsis of Rule of Law. An accident occurs in the course of employment when it was within the period of time the employee was on duty at a place where the employee was reasonably expected to by while fulfilling the duties of the employment contract. ...
Anonymous
Citation2010 U.S. App. View this case and other resources at: Brief Fact Summary. Plaintiff was attempting to use a public road. However, Defendant had blocked this road, and nobody was able to use it. Synopsis of Rule of Law. One cannot bring an action against another for damages if the harms are against the public as a whole. ...