Swan V. Talbot Case Brief

For summary judgment to be granted, the movant must show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The appellate standard of review for reviewing summary judgment orders in this case is the de novo standard, as this is a decision regarding “mixed questions of law and fact”. Barr v. Lafon, 538 F.3d 554, 562 (6th Cir. 2008).

Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim

Since the Court of Appeals issued a ruling in favor of M’s appeal and reversed the lower court’s ruling on the matter in 2010, which means the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M.

The court reversed the trial court’s affirmation and remanded the case for a new trail.

Case 2 is an appeal against the sentence imposed by Judge C. F. Wall on appellant

DISPOSITION:  [**1]  Defendant 's motion to compel Brennan to arbitrate denied. Brennan 's cross-motion to strike the defense of arbitration and stay arbitration granted.

The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.

The Court ruled in favor of the appellant, and the decision is described as follows:

The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.”

favor. The case had yet again been appealed, and this time the Supreme Court is

Reviewing the dispositions, the court denies plaintiff’s cross-motion for summary judgment on both its first and second causes of action….

7. Court’s Order: As a result of this holding the court has established sufficient law entitles P to have her case heard before trial court.

The organisation, Gerard Cassegrain & Co Pty Ltd, claimed a dairy farm in New South Wales. The Husband, in his ability as executive of the organisation, exchanged title of the land to both himself and his wife as joint occupants in like manner. The spouse later moved his enthusiasm for the property to his wife for $1. An Application was brought by the organisation against the spouse and wife in the New South Wales Supreme Court looking for that the property be exchanged back to the organisation because of fraudulent activities of the spouse. The trial judge requested that the spouse pay remuneration to the organisation, however dismissed the procedures against the wife as she herself was not a knowing party to the fraud.

This case was the last appealed case of the series and therefore, no other actions followed. This is because the judge affirmed the case as “an order sustaining demurrer without leave to amend”. This statement means that the plaintiff cannot amend the complaint.

With the permission of the seller, Broker A submits a listing to MLS inviting cooperating brokers to help find a buyer. This is an offer of: