A party may be deemed to have expended considerable time or money in the circumstance, even if it does not state a precise length of time or dollar value to develop the information. Strata, 740 N.E.2d at 1177; Learning Curve, 342 F.3d at 729 (implicating that “several months and several thousand dollars” of investment could be considerable). In Strata, the plaintiff alleged that its compiled customer list and other confidential information took considerable time and expense without proving the precise dollar amount and length of time expended to create the information. Strata, 740 N.E.2d at 1166. The Strata court stated that plaintiff’s assertion that it took considerable time and expense to compile the customer list could be a valid claim
Due to the unfortunate incident that happened recently and resulted in EMTALA violations by a DeTar Emergency Department Staff, it in of grave importance that DeTar Hospital develop policies and procedures that will eradicate deficient practices promptly and put in place sustainable solutions to prevent a reoccurrence.
ARB43, Ch.4, Par.9 ?Where evidence indicates that cost will be recovered with an approximately normal profit upon sale in the ordinary course of business, no loss should be recognized...?
Primrose claimed about the incident at Wal-Mart Stores, INC., that they were trying to cause any kind of harm to her. Based on the evidence that had been provided to the court have proved that the signs was clear enough to be seen by everyone around the area at that time. Moreover, Wal-Mart did not asking her to go around the display in order for her to transported the watermelon. The Judges thinks that the incident would not happened if Ms.Primrose can move her shopping cart closer so it would be easier for her to transferred the watermelon. Therefore, the Judges are agreed with the trial court’s decision to grant the defendant their motion for summary judgment, after it had been proven that the display was open and obvious to be seen by everyone and there’s no sign of any risk or mean to harm anyone. Also, Ms. Primrose was failed to prove her’s argues that she claimed above to support her liability to La. R.S. 9:2800.6, the Judges cannot impose any enforcement or duty upon the defendant. In conclusion, the three assignments of error cannot be
(1) When the contract was entered into, was it apparent that damages would be difficult to estimate in the event of a breach? (2) Was the amount set as damages a reasonable estimate and not excessive? (Cross & Miller, 2012)
Debbie owed Carlos $50,000 on a contract for the purchase of 200 air conditioners on credit, the terms of payment stating “Payment due 60 days after delivery.” Delivery was made on January 2. On March 10, Debbie met Carlos and told him, “I’m sorry I missed out on paying you what I owe you. Collections have been slow. If you give me until May 1, I’ll pay you what I owe plus interest at 9%.” Carlos said, “O.K. I’ll give you until May 1.” On March 15, Carlos changed his mind and sued Debbie for $50,000. Debbie contends that the debt is not due until May
During the 1990s, Samara Brothers, Inc. designed and manufactured children’s clothing that was sold in department stores. The clothes made by Samara Bros. consisted of one-piece outfits that were made of seer-sucker fabric with large appliques in a variety of decorative themes for girls and boys. Around the same time, Walmart Inc. hired a clothing manufacturing company to create a line of children’s clothing based on the current line from Samara Bros. Walmart Inc. named their copied line of clothing “Small Steps” and successfully sold it at a lower cost in their national chain of stores making millions in profits. Once Samara Brothers, Inc. learned of the copied garments, they sent numerous letters to Walmart, Inc. to stop the sale and production of the materials they believed they had the right to defend under trade dress laws. When Walmart, Inc. still continued to sell the copied garments, Samara Brothers, Inc. took Walmart, Inc. to court.
The Dread Scott decision exacerbated the debate over slavery by declaring that blacks cannot be citizens and that Congress does not have the power to prohibit slavery in the territories, which further divided the North and the South. The decision also deeply affected politics, and was one of the causes of the Civil War.
On September 24, 2016, “Charlotte Shooting; police release video and photo evidence,” an article developed by Nick Valencia, a writer for CNN, describes the events leading to the death of Keith Scott. According to the Charlotte Police department, officers were going to an apartment complex for an unrelated incident when officers notice Keith Scott in his car with a firearm visibly in his hand. Officers instructed Keith to drop the firearm. Instead of letting go of the firearm, Keith decided to exit the vehicle when he was told not to. This lead to officers firing upon 43 year old Keith Scott, as they felt he was a danger to everyone who was in the surrounding area.
On Thursday, August 3,2017 at about 0900 hours, I was present at Kings County Criminal Court, Part AP1F for SPAA Tammie Croswell's scheduled court appearance. SPAA Croswell pled guilty to a violation (P.L 240.20). She was ordered to make restitution in the amount of $4,200.00 plus a surcharge of 5% ($210.00). A payment of $1,500.00 was ordered to be made today (08/03/17) and she has until 03/05/18 to pay the remaining balance. The next court date has been scheduled for 03/05/18 by Honorable Judge M. Dougherty in order to verify that all fees were paid in
What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee that the plaintiff did not engage in work prior to her official start time?
Various steps exist at the state level when filing suit against an organization. First Shirley Kovalchick filed a complaint for workers compensation benefits against South Baldwin Hospital after suffering a heart attack. The hospital must file an answer in response to the complaint. In the answer filed by the hospital, they categorically denied the claims posed by Shirley Kovalchick and asked the judge for a summary judgment, which ended the legal action without a trial. A summary judgment can be granted when the court determines that no dispute of issue or material fact exists (Cheeseman, 2013, p. 47). The next step in this case is to file an appeal where the higher courts determined that the lower courts should have reviewed the evidence prior to granting the summary judgment. The higher courts referred the case back to the lower courts for trail. The next step in the state court system is the discovery process. During this process both Kovalchick and South Baldwin Hospital will participate in the process to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many tools ...
Two individual employees wanted to complete their assignment for their company. But, did their strategy go about accuracy? Karel Svoboda works for Rogue Bank. Svoboda is a credit officer who needed Alena Robles, independent accountant, assists to evaluate and approved his employer’s extensions of credit to clients. In order to complete the task, Svoboda needed to access the nonpublic information about the clients’ personal information related to the company such as their profits and performances. Instead of appropriately following the company policy, Svoboda and Robles created a plan to utilize this data to exchange securities. According to their plan, Robles exchanged the securities of more than twenty unique organizations and benefitted by
The case starts off by saying that Jack Wright had received several phone calls after the board meeting. However, none of them were from Sam Bigger. They were from “independent” board members who were in Jack’s corner. To make things worse, Sam had Bill Monday call Jack for him. It seems as if the two are afraid to confront one another. We’ve said in class several times that the two need to have a conversation face to face, not have someone channel the conversation between them. Matthew 18:15-16 says, “If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses.” Jack clearly has the witnesses on his side, but continues to beat around the bush. He will never be able to get to the root of the problem until he talks directly with Sam.
Altering, falsifying, destroying, concealing, or removing records needed to assess claim validity or establish the nature of goods and services for which reimbursement is requested;
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry Cockrill. Cockrill then informed the school principal, Claudia Argo. When Geiger entered her classroom that morning, she observed Reeves and Coffman leaning over her deck; and when the girls noticed her, they giggled and ran back to their seats. Geiger saw a purse lying next to her coffee cup on the top of the desk. Shortly after Argo called Coffman to the principal's office, rat poison was found in Coffman's purse. Both Reeves and Coffman gave written statement to the Sheriff investigator concerning their plan to poison Geiger and steal her car.