The County sent an inspector who made
observations as to the condition of the
sidewalk and concluded that it was uneven.
Although a review of the caselaw reflects that
there are no decisions in the Eleventh Circuit
concerning this issue, the great weight of
federal authority favors the exclusion of third
parties from a Rule 35 independent medical
examination.
There is caselaw for the proposition that use
restrictions are not always strictly enforced
when a lease is assigned by a tenant in
bankruptcy and the property in question is
not part of a shopping center.
The court appeared to premise much of its
opinion upon the argument that consumers
stand at a significant disadvantage in
product-liability actions based on ordinary
negligence principles. Consequently, strict
product liability was intended to relieve the
plaintiff of the burden of having to prove
actual negligence.
With respect to matters not covered by the
provisions of the Uniform Rules for the New
York Court of Claims (the Uniform Rules), the
Court of Claims adheres to the rules set forth in
the Civil Practice Law and Rules (the CPLR). Ct.
Cl. R. § 206.1(c). Because the Uniform Rules do
not discuss disclosure of expert witnesses, it
follows that the Court of Claims' rules on the
subject are governed by the CPLR.
There are cases that are factually similar to
the present case, but that are controlled by
older statutes--i.e., the pre-1965 legislative
scheme. There are no cases that have been
explicitly decided under § 1511 since the 1965
amendment, so it is unclear what effect the
amendment has on cases that are factually
similar to the present case.
Arbitration as a means of settling disputes
was at first viewed by the courts with much
disfavor, but today is being used increasingly
as a substitute for litigation for the
The County inspector observed the sidewalk
and concluded it was uneven.
No Eleventh Circuit decisions exist on this
issue, but the majority of federal authority
supports excluding third parties from a Rule
35 independent medical examination.
Caselaw suggests that use restrictions may
not be strictly enforced when a tenant in
bankruptcy assigns a lease, provided the
property is not part of a shopping center.
The court's opinion heavily relied on the
argument that consumers face a significant
disadvantage in product-liability cases under
ordinary negligence principles. Thus, strict
product liability aims to alleviate the plaintiff
from proving actual negligence.
The Court of Claims follows the rules outlined
in the Civil Practice Law and Rules (CPLR) for
matters not covered by the Uniform Rules for
the New York Court of Claims. Since the
Uniform Rules do not address the disclosure
of expert witnesses, the Court of Claims
defers to the CPLR on this matter.
Cases similar to the present one have been
governed by older statutes predating 1965,
which is the pre-1965 legislative scheme. No
explicit decisions have been made under §
1511 since the 1965 amendment, making it
unclear how the amendment affects factually
similar cases.
Arbitration was initially disfavored by the
courts but is now increasingly used as an
alternative to litigation for resolving contract
disputes.
 adjudication of disputes arising out of
contracts.
The court rejected the defendant's argument
that the headlines were not the product of
sufficient skill or effort, finding that because
many of the headlines consisted of eight or
so words that imparted information, copying
of the headlines might at least in some
instances constitute copyright infringement.
To say that one who has contracted to serve
for a number of years at a low salary or at
distasteful work and seeks to better his or her
condition by a contract with another party
should be penalized in every case by inability
to enforce this second contract seems harsh,
and under these or other extenuating
circumstances, the courts have often deemed
damages to be sufficient recompense to the
injured employer without also invalidating the
second contract.
(2)
The essential elements of a fraud claim under
New York law are that:
- the defendant made a misrepresentation
- of a material fact
- that was intended to induce reliance by the
plaintiff
- which was in fact relied upon by the plaintiff
- to the plaintiff's detriment.
Where there are already allegations of defects
in design, manufacturing, and warnings, a
claim that the manufacturer should have
The court dismissed the defendant's claim
that the headlines lacked sufficient skill or
effort, stating that copyright infringement
could occur when informative headlines
consisting of approximately eight words were
copied.
Imposing an absolute penalty on individuals
who, after serving under a low-paying or
undesirable contract, attempt to improve
their situation through another agreement
appears harsh. In many cases, courts have
considered damages as satisfactory
compensation for the employer without
invalidating the second contract, especially
when extenuating circumstances exist.
The essential elements of a fraud claim
under New York law are:
The defendant made a misrepresentation.
The misrepresentation pertained to a
material fact.
The defendant intended to induce
reliance by the plaintiff.
The plaintiff actually relied on the
misrepresentation.
The plaintiff suffered detriment as a
result.
When allegations of defects in design,
manufacturing, and warnings already exist,
asserting that the manufacturer should have
 recalled its 1999 products is redundant,
prejudicial, and directed to the wrong
institutional forum.
Under Georgia law, the elements necessary
for the application of equitable estoppel are
(1) a false representation or concealment of
facts, (2) it must be within the knowledge of
the party making the one or concealing the
other, (3) the person affected thereby must
be ignorant of the truth, (4) the person
seeking to influence the conduct of the other
must act intentionally for that purpose, and
(5) persons complaining must have been
induced to act by reason of such conduct of
the other.
(4)
All modifications, interlineations, additions,
supplements, and/or changes to this
Contractual Amendment are subject to and
conditioned upon a fully executed, signed,
and dated acceptance, approval, and
confirmation at Pantheon's corporate
headquarters.
An interpreter is needed if, after examining a
witness, the court arrives at the conclusion
that the witness is without the ability to
understand and speak English at a sufficient
level of proficiency to comprehend the
proceedings in such a way as to assist
counsel in the conduct of the case.
This letter shall confirm our understanding
and agreement that if your loan application
on the above-described property is approved,
you shall occupy the same as your primary
residence within thirty (30) days of the closing
date. You are aware that if you shall fail to do
so, such failure shall constitute a default
under the Note and Security Instrument
executed in connection with your loan, and
recalled its 1999 products is redundant,
prejudicial, and misdirected to the wrong
institutional forum.
Under Georgia law, the application of equitable
estoppel requires the presence of the following
elements:
- A false representation or concealment of facts.
- Knowledge of the false representation or
concealment by the party responsible.
- Lack of awareness of the truth by the affected
person.
- Intentional actions by the party seeking to
influence the other's conduct.
- Inducement of the complaining parties to act
based on the conduct of the other party.
Any changes or additions made to this
Contractual Amendment are subject to and
dependent on receiving a fully executed,
signed, and dated acceptance, approval, and
confirmation at Pantheon's corporate
headquarters.
If, upon examining a witness, the court
determines that the witness lacks the
necessary proficiency in English to
understand and participate in the
proceedings effectively, an interpreter will be
required to assist counsel in conducting the
case.
This letter serves to confirm our
understanding and agreement regarding your
loan application for the property mentioned
above. If your application is approved, you
are required to move into the property as
your primary residence within thirty (30) days
after the closing date. Please be aware that
failing to do so will be considered a default
under the Note and Security Instrument
 upon occurrence of such default the full and
entire amount of the principal and interest
payable pursuant to said Note shall become
immediately due and payable at the option of
the holder thereof.
Pursuant to the provisions of §§ 3670, 3671,
and 3672 of the Internal Revenue Code of the
United States, notice is hereby given that
there have been assessed under the Internal
Revenue Code of the United States, against
the following-named taxpayer, taxes
(including interest and penalties) which after
demand for payment thereof remain unpaid,
and that by virtue of the above-mentioned
statutes the amount (or amounts) of said
taxes, together with penalties, interest, and
costs that may accrue in addition thereto, is
(or are) a lien (or liens) in favor of the United
States upon all property and rights to
property belonging to said taxpayer.
(5)
At best, the lack of precise rules as to the
treatment of routine corporate transactions
forces investors and others who seek to
understand accounting statements in all of
their complex fullness to wade through pages
of qualifying footnotes, the effect of which is
often to express serious doubts about the
meaningfulness and accuracy of the figures
to which the accountants are attesting.
Equally bad, while the footnotes, carefully
read and digested, may enable the
sophisticated analyst to arrive at a reasonably
accurate understanding of the underlying
economic reality, the comparison of figures
published by one firm with those of any other
is bound to result in seriously misleading
distortions. Indeed, the figures for any given
company may not be comparable from one
year to the next, for although auditing
associated with your loan. In the event of
such default, the full amount of principal and
interest stated in the Note will become
immediately due and payable at the
discretion of the holder.
In accordance with sections 3670, 3671, and
3672 of the Internal Revenue Code of the
United States, this notice serves to inform
that taxes, including interest and penalties,
have been assessed against the taxpayer
named below. Despite previous payment
demands, these taxes remain unpaid. As a
result of the aforementioned statutes, the
amount or amounts of these taxes, along with
any applicable penalties, interest, and
additional costs, constitute a lien or liens in
favor of the United States. This lien extends to
all property and rights to property owned by
the taxpayer.
The absence of precise rules for routine
corporate transactions compels investors and
others to sift through extensive footnotes in
accounting statements. These footnotes cast
doubt on the accuracy of the figures certified
by accountants. While thorough examination
of footnotes aids in understanding economic
reality, comparing figures between
companies can be highly misleading. In fact,
figures for a single company may not be
comparable over time, as auditing standards
allow the use of alternative accounting
principles if justified by the enterprise.
standards require that the principles used by
a firm must be "consistently applied" from
year to year, the "presumption" of
consistency may be overcome where the
enterprise justifies the use of an alternative
acceptable accounting principle on the basis
that it is preferable
It follows that in order for Wisconsin to For Wisconsin to enforce school attendance
compel school attendance beyond the eighth beyond eighth grade despite religious belief
grade against a claim that such attendance claims, two conditions must be met: either
interferes with the practice of a legitimate the state's requirement must not impede the
religious belief, it must appear either that the free exercise of religious beliefs, or there
State does not deny the free exercise of must be a compelling state interest that
religious belief by its requirement, or that outweighs the protection granted under the
there is a state interest of sufficient Free Exercise Clause. Even before the
magnitude to override the interest claiming recognition of the importance of universal
protection under the Free Exercise Clause. education, the Religion Clauses established
Long before there was general the right to freely practice religious beliefs
acknowledgment of the need for universal and prohibited government establishment of
formal education, the Religion Clauses had religion. These values have been vigorously
specifically and firmly fixed the right to free safeguarded, sometimes at the expense of
exercise of religious beliefs, and buttressing other socially significant interests. Courts
this fundamental right was an equally firm, have even invalidated government grants for
even if less explicit, prohibition against the salary subsidies to parochial school teachers,
establishment of any religion by government. despite legislative determination that such
The values underlying these two provisions aid programs served the public interest and
relating to religion have been zealously sound educational policy.
protected, sometimes even at the expense of
other interests of admittedly high social
importance. The invalidation of financial aid
to parochial schools by government grants
for a salary subsidy for teachers is but one
example of the extent to which courts have
gone in this regard, notwithstanding that
such aid programs were legislatively
determined to be in the public interest and
the service of sound educational policy by
states and by Congress
Some time subsequent thereto defendant, Later on, defendant Brian Dailey moved a
Brian Dailey, picked up a lightly built wood- lightweight wooden and canvas lawn chair a
and-canvas lawn chair that was then and short distance in the backyard of the
there located in the back yard of the above described premises. He then sat in the chair
described premises, moved it sideways a few and noticed that plaintiff Ruth Garratt was
feet and seated himself therein, at which time about to sit where the chair had been before.
he discovered that the plaintiff, Ruth Garratt,
was about to sit down at the place where the
lawn chair had formerly been, at which time
he hurriedly got up from the chair and
attempted to move it toward Ruth Garratt to
aid her in sitting down in the chair,
whereupon, due to the defendant's small size
and lack of dexterity, he was unable to get
the lawn chair under the plaintiff in time to
prevent her from falling to the ground.
Since it is undisputed that the sugar was
stolen, and that it was purchased by Johnson,
the question at issue for jury determination is
the state of Johnson's mind when he
purchased it. While the jury is unauthorized
to convict unless it finds that Johnson himself
had guilty knowledge, such knowledge may
be proved by circumstances here to warrant
the conclusion that Johnson, when he
purchased the sugar, knew it to have been
stolen, and did not in fact honestly believe
that the sellers were sugar dealers or were
properly authorized by the Ralston Mill to sell
sugar for it. In arriving at this conclusion, the
jury might have considered the time and
arrangements for the purchases, statements
of Johnson to Gordon showing that he knew
that he was taking a risk, the absence of any
invoice or regular billing procedure, the
contradictory statements of Johnson after his
arrest, and the unlikelihood of the sellers'
having come into possession of such large
quantities of sugar to be sold below
wholesale price in a legal manner.
In a rush, he stood up from the chair and
tried to move it closer to assist Ruth Garratt
in sitting down. However, due to the
defendant's small size and limited agility, he
couldn't get the chair in place fast enough,
causing Ruth Garratt to fall to the ground.
The jury's role is to determine the state of
mind of Johnson when he purchased the
stolen sugar. While the jury cannot convict
unless it finds that Johnson had guilty
knowledge, circumstances suggest that he
knew the sugar was stolen and did not
genuinely believe the sellers were authorized
by Ralston Mill. Factors for the jury to
consider include the timing and
arrangements of the purchases, Johnson's
statements indicating awareness of the risk,
the absence of proper documentation,
Johnson's contradictory statements after his
arrest, and the improbability of the sellers
acquiring large quantities of sugar to be sold
below wholesale price legally.