CitationSeigneur v. National Fitness Inst., Inc., 132 Md. App. 271, 752 A.2d 631, 2000 Md. App. LEXIS 91 (Md. Ct. Spec. App. May 31, 2000) Synopsis of Rule of Law. The ultimate determination of what constitutes the public interest must be made considering the totality of the circumstances against the backdrop of current societal expectations, including transactions that are so important to the public good that an exculpatory clause would be patently offensive such that the common sense of the entire community would pronounce invalid. ...
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Wyeth v. Levine
CitationWyeth v. Levine, 555 U.S. 555, 129 S. Ct. 1187, 173 L. Ed. 2d 51, 2009 U.S. LEXIS 1774, 77 U.S.L.W. 4165, CCH Prod. Liab. Rep. P18,176, 21 Fla. L. Weekly Fed. S 675 (U.S. Mar. 4, 2009) Brief Fact Summary. A woman lost her hand and forearm to gangrene when she was injected with Phenergan, an anti-nausea drug made by Wyeth. She won a jury verdict in Vermont under a theory Wyeth had failed to include an adequate warning on the drug’s label. Synopsis of Rule of Law. Congress did not expressly intend for the FDCA to preempt all state common law tort claims, and with respect to ...
Bussard v. Minimed, Inc.
Citation105 Cal.App.4th 798, 129 Cal.Rptr.2d 675 (Ct. App. 2003) Brief Fact Summary.Despite the traditional “going-and-coming” rule shielding employer liability for an employee’s actions during his or her commute, where an employee’s job contributes to an accident, and such accident is foreseeable as a result of the circumstances, any resulting losses can be fairly attributable to employer’s business. ...
Walters v. Reno
Citation145 F.3d 1032 (9th Cir. 1998) Brief Fact Summary. Immigrants challenge the constitutionality of Immigrant and Naturalization Systems (INS)’s forms in document fraud proceedings. Synopsis of Rule of Law. The commonality of a claim between class members in a class action can be an overall policy issue rather than specific issues with each class member. ...
McPeek v. Ashcroft
Citation202 F.R.D. 31, 10 ILRD 475 (D.D.C. 2001) Brief Fact Summary. Plaintiff seeks backup computer files during a suit alleging retaliation from his filing a harassment suit against his boss. Synopsis of Rule of Law. All parties have a duty to produce all discoverable evidence in a case. Courts prefer the marginal utility test is deciding who should bear the burden of the costs of production. The more relevant the material, the more likely the requesting party will not have to pay for that production. ...
Exxon Mobil Corp. v. Allapattah Services, Inc and Rosario Ortega v. Star-Kist Foods. Inc.
Citation545 U.S. 546, 125 S, Ct. 2611, 162 L.Ed.2d 502 Brief Fact Summary. This is two consolidated cases where additional plaintiffs wish to join the action but did not have the aggregated amount to satisfy the diversity requirement. Synopsis of Rule of Law. As long as one plaintiff’s claim satisfies the minimum amount-in-controversy requirement, the court may exercise jurisdiction over additional plaintiff’s case that fall short of the requirement, when all claims arise from the same case or controversy. ...
Bose Corporation v. Consumers Union of United States, Inc.
Citation466 U.S. 485 Brief Fact Summary. The defendant printed an unfavorable story about Boss systems, and Boss brought a libelous action against the defendant. Synopsis of Rule of Law. When reviewing factual findings of a district court, the Court of Appeals must use the clearly erroneous review. ...
Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway
CitationAnderson v. Minneapolis, S. P. & S. S. M. R. Co., 179 N.W. 45, 146 Minn. 430, 1920 Minn. LEXIS 643 (Minn. 1920) Brief Fact Summary. Plaintiff’s property was burned when a windswept fire traveled east to his land. Plaintiff alleged that the fire was caused by Defendant’s engine that burned in August then the fire traveled east to consume Plaintiff’s property by October. Defendant argued that there were other fires sweeping east with unknown origins, so Plaintiff’s damage could not be attributed solely to Defendant. The ...
Christensen v. Royal School District No. 160
CitationChristensen v. Royal Sch. Dist., 156 Wn.2d 62, 124 P.3d 283, 2005 Wash. LEXIS 985 (Wash. Dec. 8, 2005) Synopsis of Rule of Law. Defendant teacher sexually abused Plaintiff middle school student. Plaintiff sued for negligence and the teacher and school district claimed contributory fault on Plaintiff's part. The court did not permit a contributory fault defense in this case. ...
Taylor v. Sturgell
Citation128 S. Ct. 2161 Brief Fact Summary. Taylor’s friend filed a lawsuit seeking information and was denied. Then Taylor filed a similar action and the court bared suit based on the previous case. Synopsis of Rule of Law. The Supreme Court holds that the doctrine of virtual representation is not a constitutionally approved method of nonparty preclusion. ...
Kelo v. City of New London
Citation545 U.S. 469, 125 S. Ct. 2655, 162 L. Ed. 2d 439, 60 ERC 1769 (2005) Synopsis of Rule of Law. A taking by eminent domain will be upheld as long as it is “rationally related to a conceivable public purpose” and “just compensation” is paid to the owner. A valid public purpose can be found in a plan for economic rejuvenation of an overall condemned community, even though some individual properties within that community may not be blighted. ...
Jacque v. SteenBerg Homes, Inc.
Citation563 N.W. 2d 154 (Wis. 1997). Brief Fact Summary. of the Facts: In order to deliver a mobile home, SteenBerg Homes went across the Jacque’s property without permission Synopsis of Rule of Law. When nominal damages are awarded for an intentional trespass to land punitive damages may also be awarded. ...
Cochran v. Fairfax County Board of Zoning Appeals
Citation594 S.E.2d 571. Brief Fact Summary. The court analyzed a zoning decisions made in three different cities concerning application for variances from local zoning ordinances. Synopsis of Rule of Law. A variance should only be granted if the current zoning ordinance interferes with all reasonable beneficial uses of the property taken as a whole ...
Philip Morris U.S.A. v Williams
Citation127 S. Ct. 1057 (2007) Synopsis of Rule of Law. Taking into account third parties, not parties to a lawsuit, when assessing damages is a violation of procedural due process, since the defendant does not have an opportunity to defend against the non parties. ...
Goddard v. Boston & Maine R.R. Co.
Citation179 Mass. 52, 60 N.E. 486 (1901) Brief Fact Summary. An individual slipped on a railroad platform and sustained certain injuries. Synopsis of Rule of Law. A railroad is not liable for negligence, if a passenger of the railroad may have perpetrated the negligent action. ...
Kelo v. City of New London
Citation545 U.S. 469, 125 S. Ct. 2655, 162 L. Ed. 2d 439, 60 ERC 1769 (2005) Brief Fact Summary. In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was “projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas.” The city purchased property and seeks to enforce eminent domain to acquire the remaining parcels from unwilling owners. Synopsis of Rule of Law. The court had previously held i ...
In the Matter of Rhone-Poulenc Rorer, Inc
Citation51 F.3d 1293, 1995 U.S. App. 5504 Brief Fact Summary. Defendants, Thone-Poulenc Rorer, Inc. et al., petitioned for mandamus relief after the district court judge allowed a class certification for Plaintiffs, Wadleigh et al. Synopsis of Rule of Law. Class action certification may be unacceptable in situations where a defendant is likely to win, and wherein a plaintiff will be awarded a large sum if they prevail, and irreparable harm would come to the defendant if the plaintiffs won the class action suit. ...
Daynard v. Ness, Motley, Loadholdt, Richardson & Poole P.A
Citation184 F. Supp. 2d 55, 2001 U.S. Dist. 22085 Brief Fact Summary. Plaintiff, Richard Daynard, seeks to bring an action against only Defendant law firm, Ness, Motley, Loadholdt, Richardson & Poole, after Plaintiff was unable to obtain personal jurisdiction over another group of defendants from Mississippi. Defendant claimed that the other defendants were indispensable parties. Synopsis of Rule of Law. Rule 19 of the Federal Rules of Civil Procedure provides that indispensable parties defined in 19(b) are a subset of necessary parties defined in 19(a), and the factors to consider when ...
Parklane Hosiery Co. v. Shore
Citation439 U.S. 322, 99 S. Ct. 645, 58 L. Ed. 2d 552, 1979 U.S. 50 Brief Fact Summary. The plaintiff in a securities fraud stockholder’s class action suit against a defendant sought collateral estoppel following an SEC action against the same defendant in which the district court reached a factual decision on the merits. Synopsis of Rule of Law. A plaintiff should be allowed to employ offensive collateral estoppel unless it would have been easy for the plaintiff to have joined in the earlier action, or collateral estoppel would be unfair given the circumstances. ...
Hanna v. Plumer
Citation380 U.S. 460, 85 S. Ct. 1136, 14 L. Ed. 2d 8, 1965 U.S. Brief Fact Summary. Plaintiff Hanna, an Ohio resident filed suit in Massachusetts Federal District Court claiming damages for personal injuries resulting from an automobile accident in South Carolina, allegedly caused by the negligence of Defendant Louise Plumer Osgood, a Massachusetts resident deceased at the time of filing. Service was made by leaving copies of the summons and the complaint with Defendant’s wife at his residence, in compliance with Fed. R. Civ. P. 4(d) (1) then in effect. Synopsis of Rule of Law. In civ ...
Guaranty Trust Co. v. York
Citation326 U.S. 99, 65 S. Ct. 1464, 89 L. Ed. 2079, 1945 U.S. Brief Fact Summary. Guaranty Trust Company (Petitioner) served as trustee for some of the noteholders of the Van Sweringen Corporation (Van Sweringen). In 1930, Petitioner loaned money to corporations affiliated with Van Sweringen. When Petitioner began having financial problems, it agreed to purchase notes for $500 and twenty shares of Van Sweringen stock for each $1000.00 note. York (Respondent) received $6000.00 worth of the notes from a donor who had not accepted Petitioner’s offer. Synopsis of Rule of Law. When the ...
Byrd v. Blue Ridge Rural Electric Cooperative, Inc
Citation356 U.S. 525, 78 S. Ct. 893, 2 L. Ed. 2d 953, 1958 U.S. Brief Fact Summary. Byrd (Petitioner), a resident of North Carolina, filed a diversity suit in the District Court for the Western District of South Carolina for injuries allegedly caused by the negligence of Blue Ridge Rural Electric Cooperative, Inc.’s (Respondent), a South Carolina corporation. Petitioner was a lineman in a construction crew of a contractor who had contracted to build power lines for the Respondent. Petitioner was injured while connecting power lines during the course of his employment. Synopsis of Rul ...
Finley v. United States
Citation490 U.S. 545, 109 S. Ct. 2003, 104 L. Ed. 2d 593, 1989 U.S. Brief Fact Summary. Petitioner, Finley, sought to combine the defendants in a civil action and bring the suit into federal court because that is the only place the federal government could be sued. Synopsis of Rule of Law. Parties that otherwise could not be sued in federal courts can not be brought into federal court solely on the basis of having their claims share the same facts as the claim mandated to the federal courts. ...
Chauffeurs, Teamsters and Helpers Local 391 v. Terry
Citation494 U.S. 558, 110 S. Ct. 1339, 108 L. Ed. 2d 519, 1990 U.S. 1530 Brief Fact Summary. The Respondents, various unionized workers (Respondents), brought action against the Petitioners, Chauffeurs, Teamster and Helpers Local 391 (Petitioners), their union for violation of the duty of fair representation. Respondents sought compensatory damages in the form of back pay and loss of benefits. Respondents requested and were granted a jury trial by the District and Appellate Courts. The Union appealed. Synopsis of Rule of Law. Claims based on the duty of fair representation are legal in n ...