Archive for the ‘Briefs’ Category

Villar v. Kernan – Case Brief

Corporations Brief Villar v. Kernan Procedural History: A nonjury trial concluded that there was an oral agreement between Villar and Kernan that prohibited Kernan from receiving a salary from Ricetta’s. Facts: 1988 – Villar and Kernan agreed to go into the brick oven pizza business. Villar operated the new business while Kernan assumed responsibility for [...]

McQuade v. Stoneham – Case Brief

Corporations Brief McQuade v. Stoneham Procedural History: The lower courts have refused to order the reinstatement of McQuade, but have given him damages for wrongful discharge, with a right to sue for future damages. The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs [...]

In Re Silicone Gel Breast Implants Liability Litigation – Case Brief

Corporations Brief In Re Silicone Gel Breast Implants Liability Litigation Procedural History: The Court concludes that Bristol is not entitled to summary judgment. Facts: Bristol is the sole shareholder of

Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company – Case Brief

Corporations Brief Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company Procedural History: The District Court pierced the corporate veil and imposed individual liability. Appealed. Affirmed. Facts: Flemming Fruit Company sold fruit for growers on commission. Corporation contracted with Dewitt Truck Brokers to transport the fruit. Dewitt is owed about $15,000. Flemming, who is [...]

Page v. Page – Case Brief

Corporations Brief Page v. Page Procedural History: Lower court entered judgment claiming the partnership to be for a term rather than at-will. Reversed. Facts: 1949 – Partners entered into an oral partnership and within two years the two had each contributed $43,000. 1949-1957 the enterprise was unrpfoitable and lost about $62,000. The partnerships major creditor [...]

Bohatch v. Butler & Binion – Case Brief

Corporations Brief Bohatch v. Butler & Binion Procedural History: Trial court rendered judgment for Bohatch on her breach of fiduciary duty claim. Awarded $57,000 for past lost wages, $250,000 for past mental anguish, $4,000,000 total punitive damages. Court of Appeals reversed the tort judgment but found evidence of a breach of the partnership agreement and [...]

Creel v. Lilly – Case Brief

Corporations Brief Creel v. Lilly Procedural History: The court held that the partnership should continue and not dissolve. Facts: June 1, 1993, Mr. Creel began a NASCAR memorabilia company. September 20, 1994, Mr. Creel expanded his business by incorporating partners and moving out of his wife’s floral shop and into his own space. Mr. Creel [...]

Ross v. Midwest Communications, Inc. – Case Brief

Entertainment Law Brief Ross v. Midwest Communications, Inc. Procedural History: Affirmed for Midwest Communications, Inc. Facts: Marla Ross was raped in 1983 and the attacker was never caught. During the police investigation, Ross viewed a suspects lineup, which included Steven Fossum, and Ross said her rapist was not in the lineup. Fossum was convicted of [...]

Patent Law: 8 Factor Test (In Re Wands)

Quantity of experimentation necessary (less is better) Amount of direction or guidance presented (more is better) Presence or absences of working examples (presence is preferred) Nature of invention (is it complicated?) State of prior art (well developed? then don’t need to teach as much) Relative skills of PHOSITA (if very skilled, then they have better [...]

Shulman v. Group W. Productions – Case Brief

Entertainment Law Brief Shulman v. Group W. Productions Procedural History: Affirmed in Part, Reversed in Part. Facts: In 1990, Ruth Shulman and her family were in a car driven by their daughter. The car fell of a LA freeway and plunged 100 feet. Shulman was trapped under the car and was removed by the jaws [...]
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