Based on the relevant background, On May 31, 2005, Florence Hayes was 95 years old, and she was applied and admitted to go to Oakridge, a nursing home in Ohio. In the agreement contract, there was written for whoever signed this form, they agreed to submit any of future malpractice claims against Oakridge to arbitration and waive their right to recover punitive damages and attorney fee (2). Hayes alleged that she had suffered injuries from fall while she was a resident at Oakridge. She assumed directly it was the fault and/or recklessness of Oakridge and/or its officers (3). The trial court ordered both parties to have a voluntary arbitration agreement. Afterwards, Hayes appealed to the Eight District court of Appeals. She argued that the trial court’s judgment was a mistake, because of the fact that the arbitration agreement was unreasonably excessive. Oakridge countered that statement and proved that there was no evidentiary basis for finding that the agreement was unconscionable. ISSUES …show more content…
Firstly, it took away Hayes’ rights to have the attorney fees, punitive damages, and a jury trial. Secondly, Hayes was a 95 year old woman with questionable business or contract experience, so it might be a fact that she didn’t understand about the agreement’s details. Furthermore, it turned out to be Oakridge who had all the bargaining power and advantages of the agreement. Therefore, based on ¶13, the court accepted the jurisdiction to address two issues, whether the resident’s age can become an arbitration agreement executed by the resident procedurally unacceptable, and whether an arbitration agreement that waives the resident’s right to trial and to recover punitive damages and attorney fees
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
The court findings have finally come to a conclusion, to confirm regard to defendants Alexander, McCarthy, Caruso, and Correctional Medical Services Inc. because the Plantiff has poorly provided evidence specifying suspicious indifference. However, the court overturned the district court’s granting of summary judgment to Heebsh and Pausits, two defendants who return to custody for further actions because of sufficient evidence of deliberate indifference to survive summary judgment.
[49] Justice Frank Murphy’s Notes on Screws et al. v. United States, Frank Murphy Papers.
Given the situation, as manager of the office, Sara must talk to Nell and tell her that she can not allow her to stay doing her work because she is not fit to comply with them due to her drunken state. However, you must ask her to leave the office and return the next day when she is already sober to talk about the particular situation.
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
Parise, A. S. (1991). Maryland v. Craig: Ignoring the Letter and Purpose of the Confrontation Clause. Brigham Young University Law Review , 1093-2007.
Patients seek medical attention from the nursing homes. There nursing homes get a large amount of financial aid on behalf of the government. The financial assistance is given in order to ensure that all the necessary health care facilities are available at the nursing homes. There are few fraud cases that have seemed to occur in the nursing homes. One of the fraud cases that is becoming very common in nursing homes is that the patients are charged wrong amounts for the services that they acquire from the nursing home. The patient generally comes with some disease to seek medical attention. The nursing home raises fraud cases by advising unnecessary tests and procedures to be done on the patients. These tests or procedures may not be required for the patient. As the patient is limited in knowledge, the tests and procedures are done on the patient while charging the patient with a heavy amount of bill. (LLP, 2016) The nursing homes does not cater the specific problems that ha been raised by the patient rather they start to encounter on more details that are unnecessary and not even needed by the patient. The case is about a nursing home in Washington that charges heavy amounts to the patient for unnecessary treatments and procedures. (PEAR,
The scenario I have been given highlights the main complexity of contract law. It touches on issues such as unilateral contracts, revocation as well as advertisement. I will be advising Mick (claimant) answering: Whether Yummy chocolate is liable to give a year supply of chocolate as advertised?
Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide all the care listed on the care plan. Most corporate owned nursing homes today are not sufficiently staffed, and they can not provide all the care listed on the care plan. Consequently, residents are not taken to the toilet when necessary; they’re often left lying in urine and feces. They also develop painful and life-threatening decubitus ulcers, and are not fed properly, they’re not given sufficient fluids. They are also over-medicated or under-medicated, and dropped causing painful bruises and fractures, are ignored and not included in activities, are left in bed all day, call lights not answered. These are all forms of negligence, performed daily in nursing homes.
...awarded by a jury, this motion was denied by the judge. In the end Arnold & Porter lowered their desired settlement from $21 million to $15 million, Pittston offered $13 million. The two parties reach a settlement for $13.5 million, $8 million of which was for psychic-impairment.
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
...ntradiction of terms. If the Court finds it unsatisfactory, doesn’t that imply that the Court already believes the authorities are not doing justice? How much “convincing” would they need? Duffy again points out the need for revision in the treaty.