According to the plaintiff in the Coleman v. Kohl’s Department Stores, Inc., et al., Case No. 15-cv-2588 (N.D. Calf.). In June of 2015 Kohl’s Department Stores Inc. allegedly used ambiguous and misleading language to obtain credit reports from job applicants in violation of the Fair Credit Reporting Act (FCRA). As a result of the confusing and misleading application materials, plaintiff alleges that Kohl’s obtained a credit report and claims that Kohl’s willfully violated a recent warning by the (FTC) Federal Trade Commission to display background check disclosures to job applicants in plain language and on a separate document. Plaintiff said that Kohl’s motion to dismiss is based on an erroneous interpretation of the FCRA’s statute of
Facts: Defendant (Kmart) allegedly failed to provide to plaintiff (Lopez) the written wage statements. The availability of the wage statements is required under California labor code. Under the agreement, employment-related issues between the employee and company shall be resolved informally or by binding arbitration. This replaces the right of either party to go to court or have a jury decide the outcome of the claims. Lopez alleges that the agreement was never valid due to the fact that he was a minor when he acknowledged the agreement and is now entitled to revoke his consent.
Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)
Case Review: Davis Supermarkets, Inc. v. National Labor Relations Board 2 F.3d 1162 (DC. Cir. 1993)
McDonald v. Chicago, 561 U.S. 742 (2010) is a landmark decision of the U.S. Supreme Court involving Amendment II and Amendment XIV in 2010. Amendment II states that individuals has the right to “keep and bear arms” and Amendment XIV protects a citizens rights from being restricted from the states through the due process of law clause.
United States v. Morrison was orally tried at the United States Western District of Virginia court, on January, 11, 2000. Where Christy Brzonkala being the plaintiff, prosecuted both college Varsity football players Antonio Morrison and James Crawford for sexually assaulting her within thirty minutes of meeting her at the Virginia Tech University. She complained to the school staff faculty members about her tragic incident. After making several reproaches to the school and being ignored she decided to withdraw, especially after uncovering in a newspaper that Morrison would be returning to campus in the fall of 1995. Proceeding the events she then filed a lawsuit under Brzonkala v Morrison in which talks about the
I, Jason Tison, am writing this opinion to support the majority opinion on the case of Hazelwood v. Kuhlmeier.
This case was one of federal jurisdiction. “Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress… cases involving violations of the U.S. Constitution or federal laws” (Federal
Kelley acquired employment as a mattress salesman at Bed-Mart in January 2000. Upon employment, all sales personnel must sign a convent which includes both confidentiality provision - not and non complete provisions. In July 2000, Kelly ended his employment at Bed-Mart and began to work at Sleep America.
“In Burwell v. Hobby Lobby Stores, Inc., a five-Justice majority held that the contraception mandate of the Affordable Care Act failed to satisfy the strict scrutiny that the Religious Freedom Restoration Act (RFRA) requires of federal laws that burden religious exercise (Gedicks 1).” Burwell means the Secretary of the Department of Health and Human Services (HHS). In this case of Hobby Lobby versus Burwell, it is accused that the government has violated the plaintiff’s constitutional rights. Hobby Lobby refused to provide insurance that covers birth control because it violates their religious beliefs. It is said that the government “shall not substantially burden a person’s exercise of religion (Burwell v. Hobby Lobby, INC)” unless the government
In week 6, I will be discussing the Americans with Disabilities Act. Secondly, I will discuss applications to hiring health care providers and how to establish reasonable accommodations. In my review of case EEOC v. Sears, Roebuck & Co., I will discover my findings in the American with Disabilities Act and what it entails. In conclusion, I will discuss my overall discoveries and what was important.
Prior to the Public Safety Realignment initiative, “more than 60,000” offenders who violated their parole returned to prison every year. With more low-level inmates returning to state prisons, California was ordered to reduce the inmate population by “33,000 in the state’s 33 prisons” in a two-year period. The primary reason for this was due to the California Department of Correction and Rehabilitation no being able to afford inmates acceptable healthcare. Two class action law suits were brought about in November of 2006 (Plata v. Brown and Coleman v. Brown), the dispute was that because of overcrowding the CDCR was unable to provide adequate healthcare to prison inmates. The Coleman v. Brown case entailed the mentally disordered housed in
The Supreme Court case McDonald vs Chicago was about the Second Amendment. Specifically, Chicago and Oak Park’s ban on handguns. Several lawsuits were filed against them after the Supreme Court shared their opinions in the District of Columbia v. Heller. The court voiced that the ban was in violation of the Second Amendment. Ultimately, the Supreme Court decided that the Fourteenth Amendment made the Second Amendment applicable to all the states in regards of self-defense. This case is relevant to the issue of federalism because the Second Amendment gives rights to the people in order to defend themselves. Therefore, offering a balance of power between People, the Federal government, and the State government.
In this case yes it was reasonably foreseeable and violated state dram shop laws (Melvin, 2015). Nevertheless, under the dram shop statute, a person who provides alcoholic beverages to another person is immune from civil liability for damages caused by the drunkenness of that person unless the provider is licensed to dispense such beverages and the person to whom the beverages are provided is a drunken person(www.courtlistener.com/opinion/2610778/gonzales-v-kruegerOpinion for, 799 P.2d 1318). A drunken person *1320 is a person whose conduct is substantially and visibly impaired as a result of alcohol ingestion. There were two related arguments presented by Safeway as to why it cannot, as a matter of law, be civilly liable for Gonzales' injuries.
Unfortunately, the grill is missing the attachable wheels and we are unable to get it to stable enough to properly function. I am disappointed because I paid nearly $300 for this grill, the manufacturers manual states quality and an assured grilling experience. While I understand misplacement of attachable pieces; the functionality of the grill itself is compromised when these
Thornton is in violation of the FCRA polices, due to the inaccuracies in credit reports the FCRA requires that the credit check be disclosed to applicants and consent form used needs to be separate and only used to notify the applicant of the check. A statement on an application will not suffice. If Thornton decides not to hire an applicant based on their credit history he is required to send them pre-adverse action disclosure.