Megan Rojo
Mr. Clay Hendrix
Harding University
09/11/2015
Legal Brief #1
Citation
Foster v. Houston General Insurance Company, La.App., 407 So.2d 759 (1982) Date Argued
January 18, 1982 Date Decided
January 29, 1982 Topic
Teacher Liability
Facts of the Case Robert Foster was killed while under the supervision of two teachers, defendants Inez Grant and Lloyd Gray. His mother, Helen Foster filed a lawsuit against the school her son attended, Morehouse Educational Development Center (MEDC). Foster was a member of the school basketball team for the special olympics. The special olympics was a school activity. The teachers planned practice to be held at a park. The park was three blocks away so the teachers decided to walk rather than get a bus for the boys. Gray took the team to Dotson Park alone and Grant followed in a car. While they were walking to the park, Foster dashed out into the street, ran between two stopped cars and fell on the ground. Foster was run over by an oncoming car and suffered serious injuries and died from three days later.
Ruling or Holding The judge ruled that "Grant was negligent because of her failure to provide other transportation, her failure to supervise, her negligent choice of route to the park and her failure to adequately instruct the students." In addition, the judge that "Gray was negligent by virtue of his failure to provide alternate transportation, his failure to wait for Grant before undertaking the trip, his failure to
In addition, the trial judge found that "Gray was negligent by virtue of his failure to provide alternate transportation, his failure to wait for Grant before undertaking the trip, his failure to adequately instruct or supervise his students, and his failure to maintain control over the students."
The appeals court ruled that there was no evidence to show that the defendant’s conduct was willful or wanton or in reckless disregard to safety.
Facts: In 1952 the United States was in a conflict in Korea, and the demand for steel
The appeals court ruled that there was no evidence to show that the defendant’s conduct was willful or wanton or in reckless disregard to safety.
The student 's motion for summary judgment was granted by the court and dismissed Drakers claims against the students for defamation and libel per se. The students and their families then had to file another motion for summary judgment regarding Draker’s remaining claim for intentional infliction of emotional distress, civil conspiracy, and negligence. Once this happened, Draker filed her third amended petition alleging the students only for intentional infliction of emotional distress and negligence and gross negligence as to the parents. Eric Goldman states, “the intentional infliction of emotional distress claim was dismissed because under TX law the cause of action is a gap-filler, and there was no gap given that the defamation doctrine putatively governs these facts.” Along with her third amended petition, Draker filed a motion for continuance. This motion would give her more time to look into the facts of her remaining claims. This motion was denied by the trial court. Along with the denial of Drakers motion, the court granted the Schreibers ' and the Todds ' motion for summary judgment. Draker argues that the trial court made three mistakes. These mistakes, as listed in the case are (1) granting summary judgment in favor of the students on her claim of intentional infliction of emotional distress; (2) granting summary judgment in favor of the parents on her claims of negligence and gross negligence; and (3) denying her motion for continuance and
The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.
1. Their uses of cash were primarily used for paying off debt and investing it in marketable securities. Also they spent some of their cash on fixed assets. Even though their ending cash was lower than the previous year, they were using their cash effectively.
Lago Vista Independent School Distict. Gebser and her teacher had a sexual relationship that lasted for almost 2 years. The two were caught in the middle of having relations. The teacher was arrested by the local police department and his license were revoked by the state. Gebser never notified administrators or staff about the relationship between her and the teacher. Her parents tried to file a case on the school district for damages and monetary payment. The court ruled in favor of the school district. This case was very interesting and unique in many ways. I support the decision of the court on no to reward the victim monetary payment. Gebser never tried to notify anyone about the situation, it was more so enjoyment for her. This school district was very proactive and moved very quickly after finding out the
Koppersmith’s testimony of his actions portrayed a picture of unintentional events. The judge referred to the Woods case, “ there was some evidence that the appellant failed to perceive the risk that the victim might die as a result of his actions.” Because there was evidence that gave a reasonable theory that would have supported the jury receiving instructions on criminally negligent homicide, there was error in the trial court not giving the jury the instructions. Therefore the judgment was reversed and the case was remanded for a new trial.
The case is brought to the Supreme Court by the Plaintiff Charles Baker suing Secretary of State of Tennessee Joe Carr, for the failure to redraw the legislative voting boundaries, something that was due over 60 years prior. A law that Tennessee legislature apportioned both houses and provided reapportionment every ten years on the basis of the population reported by the census, but failed to do since 1901. Baker argued that the population had shifted from the rural areas to the urban areas and that he himself was being affected and was being denied his equal protection of the Fourteenth Amendment. He sought to the court that that the state officials should hold an at-large election or they should halt the election process until the
Normally there is an extreme amount of blood that is found at the scene in most self-inflicted gunshot suicides. Strangely, that afternoon in Fort Marcy Park there was little blood that was found on or around the Vincent Foster’s body. Even more bizarre was Doctor Donald Haut’s coroner report. Dr. Haut is the coroner for Fairfax County, Virginia and the only medical doctor that evaluated Foster’s body. Dr. Haut was quoted in the Fiske report as saying that he observed a large pool of blood around the body at the crime scene. Although Dr. Haut denies that he ever made a statement or was interviewed by a member of Fiske’s investigative team (Balough, 2015). Cory Ashford was one of the Fairfax County Emergency Medical Technicians that was on the scene that day. In fact, Ashford was one of the individuals that put Vincent Foster’s into a body bag at Fort Marcy Park. Cory Ashford told investigators that he did not use gloves nor did he have to wash his hands after putting Foster’s body into the body bag (Balough, 2015). Mr. Ashford was one of four medical technicians that were present at Fort Marcy Park that day and saw Vince Foster’s body. None of the four of them recall seeing a hole in the top or in the back of Foster’s skull but they do recall seeing a puncture wound on the lower right side of Foster’s neck. It was described as a hole approximately the size of a .22 caliber entrance wound. This fact was omitted from all of the reports. (Rodriguez, 1995).
“The considerations of practicality and principle discussed … above appear to support the respondents ' case, namely that a bribe or secret commission accepted by an agent is held on trust for his principal. The position is perhaps rather less clear when one examines the decided cases … However, to put it at its lowest, the authorities do not preclude us adopting the respondents ' case in that they do not represent a clear and consistent line of authority to the contrary effect. Indeed, we consider that, taken as a whole, the authorities favour the respondents ' case.” (per Lord Neuberger in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45 at [46].
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Six years after deciding to be an independent public company in late 2000, Coach Inc.’s net sales had grown at a compounded annual rate of 26 percent and the stock price had increased by 1,400 percent due to a strategy keyed to a concept called accessible luxury. Coach crafted the accessible luxury category in women’s handbags and leather accessories by differentiating themselves on price, but matching competitors on styling, quality, and customer service. The accessible luxury strategy mirrors a focus (or market niche) strategy based on low costs. Coach concentrates on a narrow buyer segment and outcompetes rivals by having lower costs than rivals and thus being able to serve niche members at a lower