CitationN.M. Ct App., 148 N.M. 172, 231 P.3d 628 (2010) Brief Fact Summary. the contention of the Beavers (P) who had orally agreed to sell land to the Brumlows (D) reneged on the agreement on the ground that the statute of fraud prevented specific performance of the agreement because the part performance of the Brumlows (D) was not “unequivocally referable” to the verbal agreement, of which the verbal agreement was not certain as to the purchase price and time of performance. Synopsis of Rule of Law. the statute of fraud does not bar the specific performance of an oral contract ...
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Aceves (P) v. U.S. Bank, N.A
CitationCal. Ct. App. 120 Cal. Rptr. 3d 507 (2011) Brief Fact Summary. Aceves (P) contended that the mortgagee, U.S. Bank, N.A. (U.S. Bank) (D) was promissorily estopped from foreclosing her house after she defaulted on her mortgaged house, basis her reason on the fact that her reliance on U.S. Bank’s (D) promise to work with her to reinstate and modify her loan is now detrimental to her as she forewent the opportunity to save her home by converting a chapter 7 bankruptcy case to a chapter 13 case. But the house was foreclosed without the U.S. Bank ever commencing negotiations to ...
Harvey v. Dow
CitationMaine Sup. Ct., 962 A.2d 322 (2008). Appeal after remand. 11 A.3d 308 (2011) Brief Fact Summary. Dows’ (D) daughter, Harvey (P), contended that the Dows’ (D) general promises was to transfer some of their land to her and that the actions of her father, Jeffery Sr. (D), which included the approval of the site of her house, obtaining a building permit for it and building a substantial part of it himself at the same location supported a claim for promissory estoppel which points to the fact that the Dows (D) were promissorily estopped from conveying a deed to a parcel of land on whic ...
Hines v Overstock.com, Inc.
Citation668 F. Supp. 2d 362 (E.D.N.Y 2009) Brief Fact Summary. a class action was purportedly brought against Overstock.com, Inc. (Overstock) (D) for charging a restocking fee by Hines (P), a consumer, contending that the fee had never been disclosed. But Overstock affirmed that arbitration of all issues, including the transfer to a different forum was backed by the contract governing the transaction. Hines (P) alleged that the terms were unenforceable on the ground that she had no notice of the terms and conditions and that any reasonable user would have seen the seen the terms if it had bee ...
Wait v. Travelers Indemnity Co. of Illinois
CitationWait v. Travelers Indem. Co., 240 S.W.3d 220, 2007 Tenn. LEXIS 1033 (Tenn. Nov. 16, 2007) Brief Fact Summary. Kristina Wait (P) was attacked by an acquaintance whom she let into her home office while working. Synopsis of Rule of Law. Under the workers’ compensation act, a compensable injury is one which occurs as a result of and in the process of the plaintiff’s occupation. ...
Solano v. Playgirl, Inc
CitationSolano v. Playgirl, Inc., 292 F.3d 1078, 2002 U.S. App. LEXIS 11437, 2002 Cal. Daily Op. Service 5227, 2002 Daily Journal DAR 6636, 30 Media L. Rep. 1878 (9th Cir. Cal. June 13, 2002) Brief Fact Summary. Jose Solano, Jr., (P) was a TV celebrity who was allegedly represented in a false light by Playgirl (D) magazine, by the implication that he endorsed it or was represented in the nude inside the magazine, without any factual basis, since he had not posed for, given an interview to or appeared nude in the magazine. Synopsis of Rule of Law. It is not appropriate to grant ...
DeShaney v. Winnebago County Dept. of Social Services
CitationDeshaney v. Winnebago County Dep’t of Social Services, 489 U.S. 189 (U.S. Feb. 22, 1989) Brief Fact Summary. DeShaney was abused by his father. He sued the county officials for constitutional right violation by failing to remove him from his father’s custody despite their knowledge of the abuse. Synopsis of Rule of Law. Government officials are not violating a minor’s civil rights if they fail to remove him from the custody of a violent guardian, even if they know about the violence of the guardian. ...
Winter v. Natural Resources Defense Council, Inc.
Citation555 U.S. 7 (2008) Brief Fact Summary. The Natural Resources Defense Council (P) filed a case against the U.S. Navy (the Navy) (D) to stop the use of naval sonar in its training programs, because the sonar might adversely affect marine mammals. A preliminary injunction was granted by a federal district court against the Navy (D) and this was upheld by the U.S. Court of Appeals for the Ninth Circuit. Synopsis of Rule of Law. When a plaintiff seeks a preliminary injunction, he must establish that the case is of such merits as to be likely to succeed, that without the injunction irretrie ...
Davis v. Federal Election Commission
Citation128S.Ct. 2759 (2008) Brief Fact Summary. Jack Davis (P) was a wealthy candidate of the Democratic Party who sued the Federal Election Committee, citing the law which raises the ceiling for campaign contributions for any political candidate whose rival has spent a specified amount from his own personal wealth as unconstitutional. Synopsis of Rule of Law. The Millionaire’s Amendment to the 2002 law on campaign finance, which raises the ceiling for campaign contributions for any candidate who is contesting against a rival financing his own campaign by his own wealth, is a vi ...
Bartnicki v. Vopper
Citation532 U.S. 514 (2001) Brief Fact Summary. Bartnicki (P) and Kane (P) were union representatives whose cell phone conversation was illegally intercepted and recorded at a time when collective-bargaining negotiations were going on, in which they were involved. Vopper (D) was a radio commentator who played a tape of the conversation between the two unionists on his radio show in connection with his news story featuring the negotiated settlement. Bartnicki (P) and Kane (P) filed for damages, one ground being that Vopper (D) with others used the tape on public media despite knowing or having ...
Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.
Citation545 U.S. 913 (2005) Brief Fact Summary. MGM brought suit against Grokster, Ltd. on the ground that Grokster was responsible for the use of its software by third parties to obtain copyrighted materials unlawfully. Synopsis of Rule of Law. If a party distributes a device with the aim of advertising its use to unlawfully obtain copyrighted materials, it is responsible for the consequent acts of copyright breach committed by third parties using the device. ...
Paragon Molding, Ltd v. Safeco Insurance Company
Citation2010 WL 2386355 (S.Ohio 2010) Brief Fact Summary. A fire broke out at one of Paragon Molding’s (P) facilities. The insurer deposited funds to cover claims against Paragon Molding (P) with the court. All claimants, individual or corporate, were required to interplead as joined defendants. Synopsis of Rule of Law. When interpleaded funds are to be distributed, the district court functions as a court of equity to determine the distribution of such funds, and having the flexibility to offer completely equitable remedies to each party. ...
Watchtower Bible and Tract Society of New York v. Village of Stratton
Citation536 U.S. 150 (2002) Brief Fact Summary. The village of Stratton (D) required anyone wishing to do door-to-door canvassing to register with the mayor and to obtain a permit, under an ordinance. The Watchtower Bible and Tract Society of New York (P) filed a suit seeking an injunction against the ordinance. Synopsis of Rule of Law. A municipal ordinance which requires a prospective door-to-door canvasser to register and obtain a prior permit violates the First Amendment. ...
Virginia v. Black
Citation538 U.S. 343 (2003) Brief Fact Summary. Black (D) was convicted under Virginia’s (P) cross-burning statute. He argued that it was an unconstitutional law because under it any cross-burning was treated as prima facie evidence of the intention to create fear in another. Synopsis of Rule of Law. If a state’s cross-burning statute treats any such incident as being on the face of it an intention to intimidate another, it violates the constitution. ...
Vieth v. Jubelirer
Citation541 U.S. 267 (2004) Brief Fact Summary. The Pennsylvania General Assembly (D) drew a map delineating the districts for the congressional elections. The map was challenged by Vieth (P) and others in court, on the basis that the creation of the districts was for the improper purpose of obtaining political advantage, or gerrymandering. Synopsis of Rule of Law. Since the process of creating districts can involve many political considerations none of which are enforceable by the courts under any constitutional provision, gerrymandering cannot be brought into a court of law as a justiciabl ...
United States v. American Library Association, Inc.
Citation539 U.S 194 (2003) Brief Fact Summary. The Children’s Internet Protection Act (CIPA) bars a public library from being eligible for federal Internet assistance unless the library has software in place to screen out obscenity, child pornography or other material which could be dangerous for minor children. The American Library Association, Inc., sued against this law as violating the freedom of speech under the First Amendment. Synopsis of Rule of Law. The Children’s Internet Protection Act (CIPA) which prevents a public library from receiving federal Internet assist ...
Thompson v. Western States Medical Center
Citation. 535 U.S. 357 (2002) Brief Fact Summary. Thompson (P) and other pharmacists sued against an FDA regulation which stated that compounded drugs should not be advertised or promoted if they were to be exempted from the standard requirements for drug approval. They argued that this was a violation of the First Amendment. Synopsis of Rule of Law. Section 503A of the FDA Modernization Act exempts certain drugs from standard process for acquiring drug approval under the condition that such drugs are not promoted or advertised, but this is an illegal restriction of the freedom of commercia ...
Tennessee v. Lane
Citation541 U.S. 509 (2004) Brief Fact Summary. George Lane (P) and Beverly Jones (P) both used wheelchairs. They were not able to enter several courthouses because of non-availability of wheelchair entrances. They sued Tennessee (D) on the ground of Title II of the Americans with Disabilities Act of 1990 (ADA). Tennessee (D) argued that the law was unconstitutional. Synopsis of Rule of Law. Title II of the ADA which prohibits discrimination against disabled persons by public entities is constitutional. ...
Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
Citation547 U.S. 47 (2006) Brief Fact Summary. Law schools barred access to military recruiters citing the military forces’ known policy of debarring an avowed homosexual from entering military service. Synopsis of Rule of Law. The Solomon Amendment is not a violation of the freedom of speech or of association as far as law schools are concerned, when it bars the grant of federal educational funds to law schools which do not grant equal access to military recruiters. ...
Randall v. Sorrell
Citation548 U.S. 230 (2006) Brief Fact Summary. Vermont passed a law on campaign finance which imposed restrictions on (1) the maximum expenditure allowable during the election campaign by a candidate for office (2) the maximum contribution allowable by an individual, political group or party towards the campaign expenses. Synopsis of Rule of Law. (1) Limiting the expenditure allowable by a candidate for political office during a political election cycle is against the First Amendment guarantee of free speech.(2) The limit of $200-$400 which is allowed by the state of Vermont as contri ...
Raines v. Byrd
Citation521 U.S. 811 (1997) Brief Fact Summary. Four senators (P) and two congressmen (P) voted against the Line Item Veto Act of 1996. Later they filed a suit against the Act on the grounds that it violated the constitution. Synopsis of Rule of Law. Congress members do not the right in law to bring an action against a bill alleging its being unconstitutional if their votes in respect of the bill have been accepted as effective, whether for or against. ...
Nevada Departmetn of Human Resources v. Hibbs
Citation538 U.S. 721 (2003) Brief Fact Summary. Hibbs (P) was an employee of the Nevada Department of Welfare, and had an ailing wife. When he did not turn up for work for the reason that he was caring for her, his job was terminated. He filed against the department, seeking money damages on the ground that his rights under the Family and Medical Leave Act (FMLA) of 1993 had been violated. Synopsis of Rule of Law. Employees who qualify for the provisions of the FMLA may recover money damages if their employer (including a state employer) prevents in any way the exercise of their rights under ...
Morse v. Frederick
Citation551 U.S. 393 (2007) Brief Fact Summary. Joseph Frederick (P) , a public school student, was suspended by the principal Deborah Morse (D) for displaying a banner on which was written “Bong Hits 4 Jesus”, bong being slang for marijuana, at a school event which was covered by television. He sued the Principal. Synopsis of Rule of Law. Public schools may lawfully prevent students from promoting the use of illegal drugs by display of banners or other material at any event supervised by the school. ...
Lorillard Tobacco Co.v. Reilly
Citation533 U.S.525 (2001) Brief Fact Summary. Massachusetts has ordinances regulating the outdoor advertising of tobacco. The tobacco manufacturers argued against it on the ground that it violated the First Amendment. Synopsis of Rule of Law. A state regulation which proscribes the advertising of smokeless tobacco or cigars within a 1,000 foot radius of a school or playground violates the First Amendment. ...
Legal Services Corporation v. Velazquez
Citation531 U.S. 533 (2001) Brief Fact Summary. Legal Services Corporation (LSC) (D) distributes funds allocated to welfare by Congress to local organizations which receive grants and provide free legal assistance to poor clients. Congress passed an order preventing LSC from funding any grantee which helped clients to challenge or try to get amendments to the current welfare laws. This restriction was challenged by LSC grantees as being in violation of the First Amendment. Synopsis of Rule of Law. A LSC program cannot be restricted so as to refuse federal funding via the LSC to any organizat ...