Scribd Feed for category: LawThis is a feed for documents in the category LawEdmonson v. Leesville Concrete Co.- August 28, 2008 Case: Edmonson v. Leesville Concrete Co. (1991) App. 132 Facts: The plaintiff Edmonson was injured when he was pinned by a truck of the defendant Leesville Concrete Co. The plaintiff sued for negligence, and the defendant used two of its three preemptory challenges to remove black jurors. The plaintiff is black and requested a race-neutral explanation for the defendants challenges. Court refused bc this only applies in criminal cases. Pl appealed. Issue: Whether a private litigant in a civil..http://www.scribd.com/doc/5257116/Edmonson-v-Leesville-Concrete-Co- Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry- August 28, 2008 Applying the Historical Test to New Claims Case: Chauffeurs, Teamsters & Helpers, Local No. 391 v. Terry (1990, US) pp. 550-561 Parties: Plaintiff - Chauffeurs, etc. (union) Petitioners Defendant - Terry (union members) Respondents Facts: McLean Trucking and union members, were parties to a collective bargaining agreement which governed employment at McLean. The Ps here were union members employed as truck drivers at McLean. McLean started lay-offs and union members filed a grievance with the..http://www.scribd.com/doc/5257072/Chauffeurs-Teamsters-Helpers-Local-No-391-v-Terry- Repp & K&R Music v. Webber- August 28, 2008 Case: Repp & K&R Music v. Webber (1997, 2nd) App. 105-114 Facts: Pl sued Df in a copyright infringement action. Df counterclaims on same issue, but other way around. Summary judgment entered for Df, and Pl appeals. Repp is a religious composer who says that Webber stole the Phantom song from one of Repp's songs. In response to that claim, Webber denies the plagiarism, and also, in a counterclaim, says Repp plagiarized one of Webber's song. In regards to the complaint to the plagiarism,...http://www.scribd.com/doc/5257049/Repp-KR-Music-v-Webber- Celotex Corp. v. Catrett- August 28, 2008 Case: Celotex Corp. v. Catrett (1986, US) CB 516-521 Facts: Catrett brought claim against Celotex, alleging that her husband's death resulted from products containing asbestos manufactured or distributed by 15 named corporations. Celotex motioned for summary judgment, district court granted it,, but appellate court reversed. Now before Supreme court. Df argument for summary judgment: Catrett failed to produce evidence that Dfs were proximate cause of husband's death Catrett sued for her...http://www.scribd.com/doc/5257027/Celotex-Corp-v-Catrett- Arnstein v. Porter- August 28, 2008 Case: Arnstein v. Porter (1946, 2nd) App. 99-104 Facts: Pl brought suit alleging plagiarism of music. Df moved for summary judgment. Df submitted depositions, phonograph records of piano renditions of Pl's compositions, and Df's alleged infringing compositions, and court records of 5 previous suits brought by Pl against others for same reason, which all had judgments entered, after trial against Pl. Arnstein has a long record for unsuccessfully suing ppl for plagiarism, sues Porter, and...http://www.scribd.com/doc/5257002/Arnstein-v-Porter- Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee- August 28, 2008 Case: Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee (1982; US) App. 90-96 456 U.S. 694 Facts: Pl obtained insurance against business interruption through Df. Pl alleged there was a business interruption, and Df refused to pay. Pl brought suit in PA. Dfs are foreigners, and challenged jurisdiction. Pl responded by making certain requests for discovery. Df refused, saying the request was too burdensome. Court ordered the discovery, but Dfs refused. Court, as a sanction,...http://www.scribd.com/doc/5256954/Insurance-Corp-of-Ireland-Ltd-v-Compagnie-des-Bauxites-d... Peralta v. Heights Medical Center- August 28, 2008 Default and Default Judgments Case: Parties: Peralta v. Heights Medical Center (1988, US) pp. 467-471 Plaintiff - Heights (appellee) Defendant - Peralta (appellant) Facts: Peralta supposed to pay for employee's medical expenses. Heights Medical Center sued Peralta to get $5600 in medical expenses (incurred by one of his employees). Peralta was personally served, but it was untimely. Peralta then did not appear or answer, and default judgment was entered against him for the $5600 plus...http://www.scribd.com/doc/5256976/Peralta-v-Heights-Medical-Center- Poole v. Testron, Inc.- August 28, 2008 Case: Poole v. Testron, Inc. (2000; D. Md) CB 457-464 Facts: Product liability case where Pl sued Df for alleged defects in a golf car, that resulted in serious injury to Pl. Pl moved for attorney's fees and expenses as sanctions for the Df's discovery abuses. Issue: Whether the court should impose sanctions of attorney's fees and expense for discovery violations - Yes Reasoning: 1st issue: Whether the Dfs actions warrant sanctions. - Yes. First, court looks at whether there was a violation.http://www.scribd.com/doc/5256934/Poole-v-Testron-Inc- Thompson v. Department of Housing & Urban Development- August 28, 2008 Case: Thompson v. Department of Housing & Urban Development (2001; FRD) CB 455-457 Facts: Pls, class reps for African-Americans in Baltimore, Housing + City) alleging racial segregation from 1933 until motioned to compel Dfs to provide responsive answers to Rule requests. Dfs objected to the requests on the ground that they burdensome. Issue: suing Dfs (Dept of the present. Pls 33 & 34 discovery were overly broad and Should the court allow Pls motion to compel discovery -No. Holding:...http://www.scribd.com/doc/5256918/Thompson-v-Department-of-Housing-Urban-Development- Thompson v. The Haskell Co.- August 28, 2008 Expert Information Case: Thompson v. The Haskell Co. (1994; Fl) CB 447-448 Facts: P had brought the suit against former employer. P claimed that as a result of sexual harassment by D, and was fired when she did not acquiesce to his advances, she suffered depression as a result. 10 days after she was fired, she was examined by Dr. Lucas. Now during the lawsuit, the Ds want a copy of that report. Plaintiff then moves for a protective order on the report, claiming it is not discoverable under...http://www.scribd.com/doc/5256873/Thompson-v-The-Haskell-Co- |