CitationState v. Paul, 436 S.W.3d 713, 2014 Mo. App. LEXIS 683, 2014 WL 2723042 Brief Fact Summary. Paul was arrest for possessing controlled substance, and challenges the trial courts holding on the grounds that the she did not have knowledge of the controlled substance. ...
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California v. Spark
CitationPeople v. Spark, 16 Cal. Rptr. 3d 840, 121 Cal. App. 4th 259, 2004 Cal. App. LEXIS 1261, 2004 Cal. Daily Op. Service 6972, 2004 Daily Journal DAR 9493. Brief Fact Summary. Two sheriff deputies arrived at Appellants mothers home and found three plants of marijuana. Appellant indicated he is legally authorized to possess and smoke marijuana because he has a medical marijuana recommendation from a doctor. The State claims his illness is not protected under the statute because he is not seriously ill. Appellant claims his illness is protected under the statute. Synopsis of Rule of Law. ...
Washington v. Shepard
CitationWash. v. Shepard, 63 Wn. App. 1050, 1992 Wash. App. LEXIS 747 Brief Fact Summary. Mr. Shepard grew and maintained marijuana for his friend, Mr. Wilson, who was suffering from multiple illness.’ The police seized Mr. Shepard’s plants. Mr. Shepard indicated that he grows and maintains them for his friend who has an authorization from his physician to use medical marijuana. The trial court denied the validity of the authorization because the physician only indicated that the potential benefits of the medial use of marijuana may outweigh the health risks for this patient, wh ...
Massachusetts v. Palmer
CitationMassachusetts Protective Ass’n v. Palmer, 141 Ore. 688, 18 P.2d 585, 1933 Ore. LEXIS 207 Brief Fact Summary. Police officers found that Defendant was growing marijuana in his closet when they went to arrest Defendant for his active warrants. Defendant contends that he should be civilly fined under the 2008 amendment of the Act. Synopsis of Rule of Law. The 2008 amendment of the Act did not decriminalize the cultivation of marijuana, regardless of the users intended use. ...
Carr-Gottstein Properties, Ltd. Partnership v. Benedict
Citation72 P.3d 308 (Alaska 2003) Brief Fact Summary. Plaintiff developed a subdivision and executed a covenant that any construction on a lot had to be completed within one year. Defendant bought a lot in the subdivision and began construction, however, construction was not complete within a year and Plaintiff gave Defendant written notice of the breach. Plaintiff brought suit, and filed a motion for partial summary judgment on the issue of whether Defendant breached the covenant. Defendant filed a cross motion for summary judgment that the liquidated damages clause was invalid. The trial co ...
Ash Park, LLC v. Alexander & Bishop, Ltd.
Citation783 N.W.2d 294 (Wis. 2010) Brief Fact Summary. Defendant contracted to purchase land from Plaintiff. After Defendant breached the contract, Plaintiff sued for specific performance, pursuant to their contract. The circuit court found in favor of Plaintiff and awarded specific performance. The court of appeals affirmed. Defendant appealed, and also argues for changes to Wisconsin law on remedies. Synopsis of Rule of Law. Upon a buyer of land’s breach of contract, the seller of the land does not have to demonstrate that a legal remedy would be inadequate before a court awards spe ...
Alaska Pacific Trading Company v. Eagon Forest Products, Inc.
Citation933 P.2d 417 (1997) Brief Fact Summary. Defendant cancelled a contract between itself and Plaintiff because Plaintiff did not ship logs to Defendant as agreed. Plaintiff sued Defendant for breach. The trial court granted Defendant’s motion for summary judgment. Plaintiff appealed. Synopsis of Rule of Law. UCC 2-601 states that only perfect tender will satisfy a sales contract, and a buyer may reject delivery of goods that do not conform exactly to contract. ...
Parents Involved in Community Schools v. Seattle School Dist. No. 1
CitationParents Involved in Community Schools v. Seattle School Dist. No. 1, 127 S. Ct. 2738 (U.S. 2007) Brief Fact Summary. Parents of school children sued the Seattle School Districts after their children were assigned to particular schools based on racial classifications to achieve integration in the school system. Synopsis of Rule of Law. School districts cannot assign students to different schools based on race to achieve integration unless narrowly-tailored standards are used to promote diversity. ...
Goodridge v. Department of Public Health
CitationGoodridge v. Department of Public Health, 798 N.E.2d 941 (Mass. 2003) Brief Fact Summary. Same-sex couples filed suit after being denied marriage licenses by the Massachusetts Department of Public Health. Synopsis of Rule of Law. Massachusetts cannot prevent homosexual couples from getting married. ...
Free Enterprise Fund v. Public Company Accounting Oversight Board
CitationFree Enterprise Fund v. Public Company Accounting Oversight Board, 130 S. Ct. 3138 (U.S. 2010) Brief Fact Summary. The Free Enterprise Fund filed suit against the Public Company Accounting Oversight Board claiming that the Board’s protection from removal is unconstitutional. Synopsis of Rule of Law. The President cannot be prevented from removing a principal officer of the law, who will subsequently be prevented from removing an inferior officer of the law who enforces laws, because that prevents the President from ensuring that laws are faithfully executed. ...
American Electric Power Company, Inc. v. Connecticut
CitationAm. Elec. Power Co. v. Connecticut, 131 S. Ct. 2527, 564 U.S. 410, 180 L. Ed. 2d 435, 2011 U.S. LEXIS 4565, 79 U.S.L.W. 4547, 41 ELR 20210, 72 ERC (BNA) 1609, 22 Fla. L. Weekly Fed. S 1184 (U.S. June 20, 2011). Brief Fact Summary. Eight states, New York City, and three land trusts sued five electric power companies claiming the power plants’ carbon dioxide emissions contributed to global warming and violated the federal common law of interstate nuisance. Plaintiffs asked the federal district court to set carbon dioxide emission caps on the power plants. Synopsis of Rule of La ...
Desnick v. American Broadcasting Companies, Inc
CitationJ.H. Desnick v. American Broadcasting Cos., 44 F.3d 1345, 1995 U.S. App. LEXIS 454, 23 Media L. Rep. 1161 (7th Cir. Ill. Jan. 10, 1995) Brief Fact Summary. Employees of Defendant posed as patients in order to investigate Plaintiffs. Defendant’s employees were equipped with hidden cameras and videotaped conversations with Plaintiffs’ employees. Plaintiffs filed suit claiming that Defendant committed a trespass by failing to divulge their true reasons for the visits. The district court dismissed Plaintiffs’ suit. Plaintiff appealed. Synopsis of Rule of Law. Entry o ...
Aluminum Company of America v. Essex Group, Inc
Citation499 F.Supp. 53 (1980) Brief Fact Summary. Plaintiff agreed to supply Essex with aluminum over a long period of time. A portion of the price for the aluminum factored in the Wholesale Price Index, which could possibly make the price increase too excessively. After the price increased too excessively, Plaintiff sought to reform the contract. Synopsis of Rule of Law. Contracting parties may reform the terms of a contract when performance under the original terms becomes impracticable. ...
Gammon v. Osteopathic Hospital of Maine, Inc
CitationGammon v. Osteopathic Hospital of Maine, Inc., 534 A.2d 1282, 1987 Me. LEXIS 887 (Me. Dec. 16, 1987) Brief Fact Summary. Gammon (Plaintiff) suffered a temporary emotional disorder when the Osteopathic Hospital of Maine, Inc. (Defendant) mistakenly sent him a bag of severed body parts. Plaintiff sued for negligent infliction of emotional distress. Synopsis of Rule of Law. A plaintiff can recover on a claim for negligent infliction of emotional distress without resulting physical injuries ...
Metro-North Commuter Railroad Company v. Buckley
CitationMetro-North Commuter R.R. v. Buckley, 521 U.S. 424, 117 S. Ct. 2113, 138 L. Ed. 2d 560, 1997 U.S. LEXIS 3867, 65 U.S.L.W. 4586, 97 Cal. Daily Op. Service 4806, 17 OSHC (BNA) 2153, 12 I.E.R. Cas. (BNA) 1645, 97 Daily Journal DAR 7833, 1997 AMC 2309, 11 Fla. L. Weekly Fed. S 56 (U.S. June 23, 1997) Brief Fact Summary. Buckley (Plaintiff) sued Metro-North Commuter Railroad Company (Defendant) for negligent infliction of emotional distress when he was exposed to asbestos while employed by Defendant. Synopsis of Rule of Law. An employee cannot recover for negligent infliction of emotio ...
Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.
Citation153 F.2d 822 (7th Cir. 1946). Brief Fact Summary. In an initial action alleging breach of contract, the court refused to consider parol evidence that changed the terms of the contract. Subsequently, Hennepin Paper Co. (Plaintiff) filed a reformation action and Fort Wayne Corrugated Paper Co. (Defendant) argued that the reformation action was barred by res judicata. Synopsis of Rule of Law. When a contract is the basis for an earlier lawsuit, a later action for reformation of that contract is barred by res judicata when reformation could have been requested in the earlier action. ...
Beneficial National Bank, U.S.A. v. Payton
Citation214 F. Supp. 2d 679 (S.D. Miss. 2001). Brief Fact Summary. Payton (Defendant) obtained a credit card from Beneficial National Bank, U.S.A. (Beneficial) (Plaintiff). A year later, Beneficial sent all cardholders a notice that it was adding a mandatory arbitration clause to the cardholder agreements that would become effective unless a cardholder rejected the change. Defendant did not take any steps to reject the change. The account was later assigned to Household Bank (SB), N.A. (Household) (Plaintiff). A notification of this assignment was sent to Defendant along with Household&rsquo ...
Ellish v. Airport Parking Company of America, Inc
Citation345 N.Y.S.2d 650 (N.Y. Sup. Ct. App. Div., 2d Dept. 1973). Brief Fact Summary. Ellish (Plaintiff) parked her car in an airport parking lot operated by Airport Parking Company of America, Inc. (Defendant). When she returned from her trip, her car was gone. Plaintiff sued to recover for the loss of her vehicle. Synopsis of Rule of Law. Parking lots that dispense tickets through a machine and require the owner to park the car and take her keys create only a license to use space within the lot, not a bailment for the vehicle. The owner of the parking lot is not liable for loss. ...
Connecticut Bank and Trust Company v. Brody
Citation392 A.2d 445 (Conn. Sup. Ct. 1978). Brief Fact Summary. Skinner created a testamentary trust that left life estates in the income to his children and then his grandchildren. The remainder was to be distributed amongst his great-grandchildren. Synopsis of Rule of Law. A trust creating a remainder in the testator’s great-grandchildren as a class violates the Rule Against Perpetuities. ...
Louisiana Leasing Company v. Sokolow
Citation266 N.Y.S. 2d 447 (N.Y. City Civ. Ct., Queens County 1966).. Brief Fact Summary. Louisiana Leasing Company (Plaintiff) brought an action to remove its tenants, Sokolow (Defendant) and his family, when the tenants below them complained that Defendant’s children made too much noise. Synopsis of Rule of Law. A landlord cannot evict a tenant for breach of a noise covenant in a lease when the complaining tenant moved in after the tenant making noise, and the noise was not deliberate or excessive. ...
Ex Parte Merryman
Citation17 F. Cas. 144 (1861). Brief Fact Summary. President Lincoln suspended the writs of habeas corpus. This suspension was challenged by Merryman’s attorney. Synopsis of Rule of Law. The Constitution does not give the president the authority to suspend, or authorize the suspension of, the writ of habeas corpus. ...
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