Piggly Wiggly Legal Memo/Legal Cases and Support

In: Other Topics

Submitted By KeithSwift
Words 1283
Pages 6
Legal Cases to help define
Piggly Wiggly
June 18, 2012

Legal Cases to help define
Piggly Wiggly
Part I: When looking at the case of Blue v. Environmental Engineering, Inc., 828 N.E.2d 1128 (Ill. 2005) we are talking about a products liability case that went all the way to the Illinoi’s Supreme Court. On the way to the supreme court the case was looked at in several different lights of the law like Negligence of a defective design, strict liability, fore seeable harm, failure to warn, repose beyond limitations, and comparative negligence to just name a few. In this case the plaintiff Glen Blue, injured himself while working on a heavy-duty trash compactor, stuck his foot into the compactor to free up the caught box, in turn got caught, pulled into the compactor as the ram took hold of the box. The ram subsequently hit Blue “three times, breaking his pelvis, leg and foot. (Twerski, A. D., 2006). In the Blue case the expert witness stated in court that several safety features that were technologically available at the time the compactor was manufactured that would have averted plaintiff’s injury, and he opined that the compactor was negligently designed which would have made the product safer to use. However strict liability count was dismissed because the case was filed beyond the applicable limitations period and the statute of repose, and returned the verdict of the plaintiff being 32% Negligent. (Twerski, A. D., 2006). Thereafter the jury sided with the defendant due to a special interrogatory that was the risk of injury by sticking a foot over or through a gate into a moving compactor open and obvious, which the jury affirmed. When appealed the intermediate appellate court reversed the trial court. In turn the appellate court held that the fact that a danger was open and obvious did not preclude a finding that the compactor was negligently…...

Similar Documents

Legal Aspects of Life Support

...  Legal Aspects of Life Support   In "Legal Aspects of Withholding and Withdrawing Life Support from Critically Ill Patients in the United States and Providing Palliative Care to Them," authors John M. Luce and Ann Alpers, present this article to increase an understanding of the legal obligation of physicians and practitioners. Studies have shown that most patients, who die in intensive care units in the United States, deaths are related to the withholding and withdrawal of life support and also the administration of palliative care. The process through which various medical interventions are withheld or removed from patients with the expectation that the patient will die of an underlying illnesses is withholding and withdrawal of life support. The prevention or treatment of pain or providing comfort during suffering in terminally ill patients is palliative care. Physicians and practitioners are bound by ethical principles of autonomy, beneficence, and nonmaleficence. This means their actions are done for the benefit of others and they must do no harm. There are laws that govern the legal aspects and requirements of these practices in which physicians and other practitioners may not be familiar. The limitations of life sustaining treatments vary from each state and are based on statutory and case law. The Fourteenth Amendment to the Constitution protects a competent person’s right to proceed with treatment which includes nutrition and hydration. The legal......

Words: 572 - Pages: 3

Legal Memo

...firsthand but did not contact the police until Cindy returned inside the establishment and asked for help. James sustained serious injuries as a result of the attack by Miller. Question Presented: Whether Defendant Happy Times Bar owed a duty to Plaintiff James Pleasant to protect him from the criminal attack by Defendant Richard Miller. Brief Answer: Probably. Michigan courts have ruled that businesses have a duty to exercise reasonable care in order to protect their patrons from foreseeable criminal acts of other patrons. The court would likely find that Happy Times Bar breached this duty, and the breach of this duty may be proximate cause for the damages that Plaintiff Jim Pleasant sustained. Discussion: The issue in this case is whether Happy Times Bar was negligent when (a) they James when employee Joan Essex failed to summon police (until asked) when the second attack occurred, even though she witnessed the events firsthand. A business, or premises possessor, will be found negligent if its employees or authorized agents breached the duty of taking reasonable measures to an ongoing situation that is occurring on the premises and poses a risk of foreseeable harm to an identifiable invitee or class of invitees. Bailey v Schaff, 2011 Mich App Lexis 1502 (Mich Ct App Aug 18 2011). In Bailey, security guards employed by the defendant (an apartment complex owner) were notified of an individual waving a gun and threatening to shoot guests. Instead of......

Words: 1145 - Pages: 5

Legal+Ramifications+of+the+Schiavo+Case

...Legal Ramifications of the Schiavo Case This article discusses the importance of Advance Directives and the development of the patient self-determination act of 1990 demonstrates the importance that the government places on a person’s right to make their own health care decisions. In the act, congress decided consumers had the right to make their own health care choices or appoint someone who can make that decision for them if they can no longer speak for themselves. It was deemed important enough that CMS (Center for Medicare and Medicaid Services) mandated that all hospitals, home health and hospice agencies, skilled and long term facilities who receive their funds, are mandated to inform patients of their rights under state law to execute advance directives. The article discusses the legal mechanisms for consent or refusal of treatment including: living wills, durable power of attorney for health care and medical directives. The legal ramifications of the Terri Schiavo case was that there was no health care directive executed by her other than a conversation with her husband in which she stated she would not want to have her life prolonged if she was in a persistent vegetative state. Without a health care directive, after three years the decision to remove artificial nutrition and hydration was made by her husband (legal guardian). Terri’s parents and siblings disagreed and thus began a judicial, legal, ethical and media circus. The parents and siblings deemed the......

Words: 385 - Pages: 2

Short Legal Cases

...Case 49 #4: The Concerns of Sarah Issue: Sarah rented a house from Franks. Every time it rains, the roof leaks, causing plaster to fall from the upstairs bedroom ceilings. One ceiling is beginning to sag. Sarah has complained about the roof leaks to Franks and Franks told Sarah he has caulked the roof, however the roof still leaks. Sarah feels it is Franks’ responsibility to repair the roof; Franks believes since Sarah has sole control of the leased premises, she has the duty to repair the roof. Legal Application: Constructive eviction, maintaining the premises, implied warranty of habitability, and application of the warranty. Resolution: There are four remedies available to Sarah. Sarah can withhold rental payments, repair the property herself and deduct that amount from her rent (provided that doing so is in conformity with state and local laws), cancel the lease, or sue for damages. Additionally, Franks would be liable for any injuries caused from defects on the property. Case 49 #5a: Lease Assignment Issue: I am a college student and plan to attend classes for nine months. I signed a twelve-month apartment lease and paid a $150 security deposit. School is now over for the year and I have a summer job back home. I want to assign the balance of my lease, which is three months, to a fellow student who is going to attend summer school. Legal Application: It depends on what the original lease states; does it allow for a sublease or assignment? In any......

Words: 1267 - Pages: 6

Legal Contract Memo

...Memorandum to Ms. Starz To: Ms. Starz From Date: November 16, 2013 Subject: Legal Contract between Claire Dawn and Leonardo deCapo I have found that there is in fact a legal binding contract between Claire Dawn as the Offeror and Leonardo deCapo as the Offeree (Spagnola,nd). On February 13, 2008 Claire Dawn presented a written offer to sell her 1965 Corvette Stingray to Leonardo deCapo for $25,995.00 plus the cost of the title transfer. The Mutuality of Obligation, or the requirement of both parties to be bound by the terms of the agreement (U.S.Legal,nd), is clearly stated through the offer to exchange the car for the desired amount of payment. When Mr. deCapo makes the payment in full and pays the cost required to transfer the title he will gain possession of the vehicle. There is Sufficiency of Consideration. Both parties are offering something of value, and all of the necessary components are present to make this a legal binding agreement (Clearpoint,nd.). The Parties are clearly distinguished, Claire Dawn and Leonardo deCapo, there is a mandatory value ascribe by the parties to the exchange involved in this contract ($25,995.00 in exchange for the 1965 Corvette), the subject matter is clear and present ( the vehicle/the payment). There Is Adequate Consideration – This is a fair and reasonable offer as the value of the car is consistent with the asking price. The exultancy of the asking price to the value of the car deems this contract valid......

Words: 611 - Pages: 3

Memo Legal Situation

...MEMORANDUM TO: Tracy Belford, Legal Supervisor FROM: Team C DATE: November 10, 2008 SUBJECT: Legal Situation – Al Jones Dear Tracy, Team C will explain the court level which Mr. Al Jones’ case can be resolved, the process or steps in filing a civil suit are addressed. The proposed resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter. Court Levels The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil and criminal act. This claim involves the Civil, Criminal Court and the State Court system. With the property owner being of Swedish citizenship the U.S. District court could be able to get involved. The property owner could opt to sue Mr. Al Jones for trespassing and possible property damage. Trespassing is considered a civil and criminal act, and the civil and criminal courts could get involved. As a result of trespassing, possible charges of damage to the property could be pending depending on the severity of damage done. Property damage in most cases would be considered a civil act and would involve the civil court. If the cases reach a trial and Mr. Jones is not happy with the outcome, and is able to produce evidence, which will benefit the case, the U.S. Court of......

Words: 1667 - Pages: 7

Legal Case

...Page 1 Question #1 - 3 essays. TCO's A, B, C. (80 points total.) Read this fact pattern. The three essay questions on this page pertain to these facts. Answer each of the questions succinctly. You can use bullet points for lists and elements. Points will be given for issue spotting, analysis, evaluation and thoughtful ethical considerations. Utilize cases from the textbook if you can. (Remember that stating a case name to explain a holding allows you to quickly move through your analysis.) Use about 60 minutes on this page ( approx. 20 minutes per essay.)  Facts: A well-known pharmaceutical company, Robins & Robins, is working through a public scandal. Three popular medications which they sell over-the-counter have been determined to be tainted with small particles of plastic explosive.  It has not yet been determined where the plastic explosives came from, but over $8 million in inventory is impacted. The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. A recall occurs but it is mostly unsuccessful. Last fall, the FDA had promulgated an administrative rule which stated that all pharmaceutical companies which sold over-the-counter medications must incorporate a special tracking bar code (i.e. UPC bars) on all packaging, to ensure that recalls could be done with very little trouble.  This bar code would have cost about $.35 (cents) per package, which would have cost the company nearly $3......

Words: 3711 - Pages: 15

Legal Cases

...Legal Encounter 1 New Corp hired Pat as manager of real property in Vermont; this position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moving his wife and children and selling and buying a home. His wife quit her job to seek employment in Vermont. After Pat had been working for three months, his boss explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. New Corp’s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified period of time, termination will follow. Pat acknowledged that, upon employment, he signed an understanding that the company observed employment at will with respect to discharge, but believed the provision limited New Corp’s freedom to fire him at will. Pat also stated that New Corp’s senior management was noticeably unfriendly after Pat had......

Words: 1823 - Pages: 8

Legal Case Study

...Legal Case Study This study is about a 41 year old woman whose name is Terri Schiavo. She was in a persistent vegetative state for 15 years with a brain injury before she died on March 31, 2005. This paper discusses her 15 year ordeal, the effects of it on her husband and family, Terri’s right to die, and the importance of end of life choices. We discuss the ethical and legal issues involved in the decision making of this case. Her husband and family disagreed on how to handle her situation, whether or not to remove her feeding tube. Even though their Terri was in both of their best interest, they could not agree on, would removing the feeding tube be killing her or letting her die? Ethical Importance Terri had left no written instructions as to what her wishes might be if she were no longer able to make her own medical decisions. The only thing that the court and her family had to go on was what her husband and family remembered her saying in conversation over the years. The memories of her husband and family were very different. In the beginning of this ordeal they both agreed that everything should be done for Terri’s survival because at that time there was hope. After a while, when Terri did not appear to be changing, or getting better, her husband believed that the quality of life that Terri had was not the quality that she would have wanted had she been able to voice her opinion. “Michael Schiavo said his wife had said that she would never want to be...

Words: 1209 - Pages: 5

Legal Memo

...varies base on the each individual case and specific provisions. The trade secret law covers the protected confidential information for an unlimited period with no need for registration procedures. Legal action can be taken if there is any purposely breaching of the trade secret. Trade secrets laws vary significantly by country and countries utilize different designations for the trade secrets law. In fact, trade secrets protection is the least harmonized intellectual property protection system since countries have different interpretations on the constitution of trade secrets. In the United States, Trade Secrets are protected through State laws. Some countries, especially the developing and underdeveloped countries, still have no trade secret laws in place. In these countries, the protections towards trade secrets are through different branches of their legal system, the most common case is to utilize patent law as the alternative for trade secrets protection. There are some best practices regarding protecting trade secrets for MNEs. Some fundamental and should be continuously improving ones are: Require non-disclosure agreements; limit the distribution of confidential information; Have employees sign non-disclosure agreements; closely monitor company networks and protect electronic data; record and store all the documents. Last but not least, always prepare a contingency plan if trade secrets are breached and take proactive legal actions if necessary. The......

Words: 3074 - Pages: 13

Pa230 Unit 2 Legal Memo

...MEMO To: Supervising Attorney From: Heather Leigh Bradley Re: Security Protocols in the Law Office Date: April 8, 2014 You have asked me to research the ethical rules about what is permissible for the website that you plan to create for the law firm. I have conducted legal research on the following issues and am presenting my findings, as follows: 1. Does the website have to list the state where s/he is licensed to practice? Yes, the website does have to list the state or states where he/she is licensed to practice law. In ABA Model Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law, it states that a lawyer can not mislead, or withhold their jurisdiction of legal practice to the public, or misrepresent that they can practice law in a jurisdiction that they can not. A lawyer must make it known publically where they legally can practice law. The website must list your state or states that are in his/hers legal licensed jurisdiction must be specifically listed and can not be with held from general public knowledge or misleading to the public. His/hers state or states of licensed practice must be clearly listed to the public on any form of advertising, including websites. 2. Can the attorney list a legal specialty on the webpage? If so, are there specific rules that have to be followed? Is the attorney allowed to state that s/he is a certified personal injury litigator? Yes, the attorney can list particular fields of law that......

Words: 1660 - Pages: 7

Sample Legal Memo

...M E M O R A N D U M To: Legal Director From: Redacted Date: November 11, 2008 Re: Spiros v. Landis ______________________________________________________________________________ Question Presented Can plaintiff Ron Arnett state a claim for negligent infliction of emotional distress (NIED) under Pennsylvania law given that Arnett was located twenty feet from the accident that injured Sarah Nolan, saw Ricky Landis running toward the pool and realized immediately after the impact what had happened, but viewed the impact while underwater; and though they share an emotional bond, Arnett and Nolan are not biologically or legally related? Brief Answer Probably not. In Pennsylvania, a claim for NIED by a plaintiff who witnessed the negligently inflicted injury of a third person requires that the plaintiff: (1) was located near the scene of the accident; (2) suffered emotional shock from sensory and contemporaneous observance of the accident; and (3) was closely related to the victim. Arnett can likely establish the first two elements; he was in close proximity to the victim (discuss previous case history allowing further distance) and he witnessed the injury causing acident (underwater issue) However, the Court will probably conclude that because Arnett and the victim are not immediate family, they are not closely related. Thus, Arnett’s claim for NIED will likely fail. Facts In 2001, Arnett (age 4) was formally adopted by his uncle David Spiros......

Words: 1717 - Pages: 7

Legal Case Review

...Legal Case Review Daniel Martinez Adams State University 1. Case Name and Citation Robert ARCHIBALD and Krista Archibald, Appellants v. Cody KEMBLE, Appellee. 971 A.2d 513 (2009) Superior Court of Pennsylvania. 2. Summary of the Key Facts in the Case In this case, Robert Archibald and Krista Archibald appealed against the December 6th, 2007 motion of summary judgment in favor for Cody Kemble. The root of this appeal occurred on June 2, 2003 at the Twin Ponds East skating facility in Lower Paxton Township, Pennsylvania. On that day, Robert Archibald and Cody Kemble participated in a friendly non-check league game of hockey. As opponents against each other, Archibald was going after the puck in the corner of the rink near the boards. While doing so, Kemble checked Archibald into the boards. The check caused Archibald to slam his hip into the boards, shattering his femur. This permanent injury led to multiple surgeries which required medical hardware to correct, constant pain and suffering, and loss of full use of his leg. Archibald was also informed that his injury may worsen. This injury has diminished his quality of life and also indebted him with $35,000 dollars in medical bills. Kemble’s actions were strictly against the league rules and rules of hockey in general. Due to the summary judgment ruling, Archibald and Krista Archibald have submitted an appeal to the Superior Court of Pennsylvania. 3. Issue Presented by the Case Was the illegal hip check by Cody...

Words: 617 - Pages: 3

How to Write a Legal Memo

...negligence. Adair did sign a release of liability prior to his climb in which he sustained injuries. Summary of arguments Whether our defense of express assumption of risk will prevail against Adair's claim of negligence will turn upon the enforceability of the Release of Liability form signed by Adair. If the release is effective, then Adair will have been deemed to assume the risks set forth in the release. In order to be effective, a release must meet several requirements. I believe the release given to Adair by Oldfield satisfies these requirements, and therefore our defense of express assumption of risk will be successful, and Adair will not prevail. Argument A. THE RELEASE DID NOT INVOLVE THE PUBLIC INTEREST Pursuant to the case of Buchan v. U.S. a release of liability is only effective if it does not involve the public interest. The court stated in order to determine if an activity is of public interest turns on two factors. The first factor is whether the activity involves the public interest when the party seeking exculpation is engaged in performing service of great importance and practical necessity to the public. The second is whether the party seeking exculpation has a decisive advantage of bargaining strength against the members. As to the first factor, Oldfield was not engaged in performing a service of great public importance. He was simply the leader of a loosely organized rock climbing association. Generally, the sports and recreational......

Words: 1049 - Pages: 5

Legal Case Scheduler

...Introduction A case scheduler is a program that enables an enterprise to schedule, initiate and manages jobs automatically. It is a control program that selects from a job queue the next job to be processed. The whole essence of using a case scheduler is organization and time factor. Proper time management makes an institution quite successful and Evelyn Avi’s firm is not an exception. The Legal Case Scheduler service offers an efficient interface for all Lawyers and administrative staff to plan their office and business endeavours resourcefully. Until you value yourself, you won't value your time. “Until you value your time, you will not do anything with it” (Peck M.S. 2010) This write up provides a comprehensive explanation of the development of a Legal Case Scheduler. The new system intends to resolve the problem of, case/data mismatch, improper time management technique experienced by the administrative staff of the firm. The workers shall also be able to search and retrieve data from the database. Also included in this report will be the problem statement, aim, objectives, scope and the justification of the project. Firstly, the problem statement shall be discussed comprehensively with the best methodology approach to be applied. Then the aim shall be mentioned. From the aim, the objectives shall be outlined. The scope and justification of the entire project shall be discussed in details too. The entire project goes through some process like planning, analysis,...

Words: 1000 - Pages: 4