Corporations Brief Meinhard v. Salmon Procedural History: Meinhard initiated the litigation, suing for an interest in the new, expanded development Facts: Walter Salmon was a real estate developer and wanted to rent a 7 story building for a 20 year term. Salmon could not afford the improvements needed. Salmon ended up leasing the building from [...]
Archive for the ‘Briefs’ Category
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In Re Estate of Fenimore – Case Brief
Posted by LawRiotAdmin on August 31st, 2010
Corporations Brief In Re Estate of Fenimore Procedural History: The court concludes that a partnership did exist between Audrey Serge and Donald Fenimore as of November 6, 1989. Facts: Donald Fenimore is insolvent and creditors are seeking to recover money owed. Mrs. Serge is also seeking to recover $20,000 from Fenimore contending that she is [...]
Miller v. McDonald’s Corporation – Case Brief
Posted by LawRiotAdmin on August 31st, 2010
Corporations Brief Miller v. McDonald’s Corporation Procedural History: Trial court granted summary judgment to defendant on the ground that it did not own or operate the restaurant. Appealed. Reversed. Facts: 3K owned and operated a restaurant under a License Agreement with defendant that required it to operate in a manner consistent with the “McDonalds System”. [...]
Hayes v. National Service Industries, Inc. – Case Brief
Posted by LawRiotAdmin on August 31st, 2010
Corporations Brief Hayes v. National Service Industries Procedural History: District Court overruled Hayes’ objections, and adopted the report and recommendation of the Judge, agreeing that Rogers had apparent, if not actual authority to settle Hayes’ claim. Appealed. Affirmed. Facts: Hayes sued National Service Industries alleging wrongful discharge as a sales representative. The attorneys for the [...]
Federal Communications Commission v. Pacifica Foundation – Case Brief
Posted by LawRiotAdmin on August 25th, 2010
Entertainment Law Brief Federal Communications Commission v. Pacifica Foundation Procedural History: Court upheld the FCC’s finding that Carlin’s language violated the terms of the Communication Act which barred indecent, though not necessarily obscene broadcasts. Supreme Court finds the government has the right to ban certain broadcasts in certain situations. Facts: George Carlin recorded a 12-minute [...]
Skyywalker Records, Inc. v. Navarro – Case Brief
Posted by LawRiotAdmin on August 25th, 2010
Entertainment Law Brief Skyywalker Records, Inc. v. Navarro Procedural History: The court finds the recording of As Nasty as they Wanna Be to be legal obscene. Facts: The lyrics of 2 Live Crew’s album are what is being discussed and whether that material is found to be obscene. The songs on the album made constant [...]
Hunting v. Elders – Case Brief
Posted by LawRiotAdmin on August 24th, 2010
Corporations Brief Hunting v. Elders Procedural History: Trial court ruled against Gordon and Elmyer Enterprises ($1.5 million) in first phase. Second phase resulted in holding that Elders was the alter ego of Elmyer Enterprises and thereby holding him personally liable for $1.5 million. Appealed. Affirmed. Facts: Gordon was intoxicated at a bar which was operated [...]
United States v. White – Case Brief
Posted by LawRiotAdmin on August 13th, 2010
Criminal Procedure Procedural History: Found guilty at trial court. Appealed. Reversed. Appealed. Reversed. No violation of the Fourth Amendment. Facts: White was charged with various illegal drug transactions. On four different occasions, conversations in White’s home were overheard by a federal informant hiding in a closet and then also heard without the consent of White [...]
Smith v. Maryland – Case Brief
Posted by LawRiotAdmin on August 13th, 2010
Criminal Procedure Procedural History: Trial court denies suppression motion. Affirmed. Facts: McDonough was robbed on March 5. Victim gave police a description of the robber and the vehicle. Victim then began receiving threatening phone calls from the robber. At one point, the robber had victim step outside and saw the same car she had seen [...]
Katz v. United States – Case Brief
Posted by LawRiotAdmin on August 13th, 2010
Criminal Procedure Procedural History: • Convicted of transmitting wagering information. • Reversed. Facts: • Police placed a listening device outside of a public telephone booth. • Katz was being suspected of transmitting gambling information from that public telephone booth. • Using the information obtained from the listening device on the public telephone booth, Katz was [...]
