Lexis Nexis - Case Brief

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    • 23 Sep 2020

    Baer Reed: Max Oil Co. v. Range Prod. Co. Ltd. Liab. Co.

    Max Oil Company and Max, Rebecca, and Joe Hawkins (Hawkins Family) sued Range Production Company LLC and Range Resources-Midcontinent LLC (collectively Range), alleging Range's oil and gas drilling operations permanently damaged their producing oil and gas wells. The district judge dismissed the petition with prejudice as time-barred. Max Oil and the Hawkins argued that the statute of limitations did not begin to...
    • 23 Sep 2020

    Baer Reed: Bates v. UPS

    United Parcel Service (UPS) imposed a Department of Transportation hearing standard on all package-car drivers even though the standard was federally mandated only for higher-weight vehicles. Plaintiffs, a class of hearing-impaired employees, challenged the employer's policy under ADA, the Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12900 et seq. , and the Unruh Civil Rights Act, Cal. Civ. Code...
    • 23 Sep 2020

    Baer Reed: Nat'l Socialist Party v. Skokie

    After the Circuit Court of Cook County, Illinois, entered an injunction prohibiting certain individuals from performing, within a village, the acts of (1) marching, walking, or parading in the uniform of a certain political party, (2) marching, walking, or parading, or otherwise displaying the swastika on or off their persons, and (3) distributing pamphlets or displaying materials of a certain type, National Socialist...
    • 23 Sep 2020

    Baer Reed: Sch. Bd. of Nassau Cty. v. Arline

    An elementary school teacher who had contracted and recovered from tuberculosis 20 years earlier suffered a series of relapses, resulting at one point in her hospitalization, and the local school board discharged her after the third relapse because of her susceptibility to the disease. After she was denied relief in state administrative proceedings, the teacher filed an action against the school board in the United States...
    • 23 Sep 2020

    Baer Reed: United Novelty Co. v. Daniels

    The employee was cleaning a machine with gasoline in an enclosed room. A rat got too close to a heater in the room, caught itself on fire and set the machine on fire when it ran into it. The employee was burned to death. The heirs filed a wrongful death action. The trial court found in favor of the heirs. The employer appealed.
    • 23 Sep 2020

    Baer Reed: Randall v. Prince George's Cty.

    On the evening of April 26, 1995, Corporal John Novabilski, a police officer in Prince George's County, Maryland, was murdered as he sat in his police cruiser. This event resulted in an extensive search and investigation by the County's Police Department (the "County Police"), during which they encountered the fourteen plaintiffs (collectively, the "Plaintiffs") in this proceeding. The Plaintiffs...
    • 23 Sep 2020

    Baer Reed: Rojas v. Debevoise & Plimpton

    This is an action for money damages arising out of the alleged wrongful termination of plaintiff Leticia C. Rojas' employment as an associate at defendant Debevoise & Plimpton (Debevoise), a law partnership. After Rojas was questioned by the FBI regarding a former Debevoise partner, Mario Baeza’s conduct, she informed the partners of the situation. The partners told her she should resign from Debevoise....
    • 23 Sep 2020

    Baer Reed: EEOC v. Joe's Stone Crab, Inc.

    Joe's Stone Crab, Inc. ("Joe's") is a landmark Miami Beach seafood restaurant which from 1986 to 1990 hired 108 male food servers and zero female food servers. After the EEOC filed its discrimination charge in June 1991, Joe's hired 88 food servers from 1991 to 1995, nineteen, or roughly 21.7%, of whom were female. The district court concluded that while Joe's was not liable for intentional discrimination...
    • 23 Sep 2020

    Baer Reed: Ne. Research, LLC v. One Shipwrecked Vessel

    This action arises from the chill depths of Lake Erie, where lies the intact shipwreck of an early nineteenth century wooden schooner. In 2004, Plaintiff-Appellant Northeast Research, LLC ("Northeast") filed an in rem action in federal court laying claim to the shipwreck under admiralty law as the finder and salvor of the sunken vessel. Claimant-Appellee the State of New York ("New York") intervened...
    • 23 Sep 2020

    Baer Reed: First Bank v. Fischer & Frichtel, Inc.

    First Bank is a privately-owned company that provides both retail and commercial banking services to its clients. Fischer & Frichtel is a real-estate developer with more than sixty years of experience in the industry. From 2005 to the beginning of 2008, Fischer & Frichtel had hundreds of millions of dollars in revenue and earned tens of millions of dollars in profit. Among its business deals in June 2000 was the...
    • 23 Sep 2020

    Baer Reed: United States v. Robinson

    A federal grand jury returned a four-count indictment against Richard Robinson on charges stemming from two armed bank robberies. Counts one and two of the indictment alleged that on April 8, 1997, Robinson robbed the Americana Bank in Anderson, Indiana, and that he used a firearm during the commission of this offense. Counts three and four of this same indictment alleged that ten days later, on April 18, 1997, Robinson...
    • 23 Sep 2020

    Baer Reed: Bigelow v. RKO Radio Pictures, Inc.

    Petitioners owned a motion picture theatre in Chicago. Some of the respondents were distributors of motion picture films; others owned or controlled motion picture theatres in Chicago. Petitioners sued respondents under the Sherman and Clayton Acts to recover treble damages. The gist of the complaint was that, by reason of an unlawful conspiracy of the respondents, petitioners were prevented from securing pictures for...
    • 23 Sep 2020

    Baer Reed: Adrian v. Rabinowitz

    Plaintiff Goodwin Adrian was the lessee of premises that he intended to use for a shoe store under a six-month term lease. Defendant Rachel Rabinowitz was unable to deliver possession of the premises to plaintiff at the beginning of the term because a prior tenant held over, and caused defendant to pursue eviction proceedings. Plaintiff instituted a complaint against defendant, alleging breach of an obligation. The trial...
    • 23 Sep 2020

    Baer Reed: Beachcombers, Int'l, Inc. v. Wildewood Creative Prods.

    Plaintiff, Beachcombers, International, the exclusive licensee of plaintiff MacCarthay, the inventor of the liquid kaleidoscope disclosed and claimed in the ‘046 patent, filed a complaint against defendant WildeWood Creative Products, Inc., alleging patent infringement by making and selling “ILLUSION” kaleidoscope. Defendant denied infringement and sought a declaratory judgment that the patent was invalid...
    • 23 Sep 2020

    Baer Reed: United States v. Lara

    In 1990, the United States Supreme Court held that an Indian tribe lacked sovereign authority to prosecute Indians who were not members of that tribe. However, Congress subsequently amended a provision of the Indian Civil Rights Act of 1968 (25 USCS § 1301(2)) so as to recognize the "inherent power" of Indian tribes to exercise criminal jurisdiction over "all Indians." A member of the Turtle Mountain...
    • 23 Sep 2020

    Baer Reed: Bell Sports, Inc. v. Yarusso

    Brian Yarusso was riding his off-road motorcycle at a dirt motocross track. He was wearing a full complement of safety equipment in addition to a helmet manufactured by Bell Sports, Inc. ("Bell"). An accident resulted in Yarusso catapulting over the handlebars of the motorcycle. He landed on his head, flipped over and came to rest face down in the dirt. As a result of his fall, Yarusso was rendered a quadriplegic...
    • 23 Sep 2020

    Baer Reed: United States v. Arrieta

    Defendant Guillermo Soriano Arrieta was a citizen of Mexico, who was in receipt of relief under the Deferred Action for Childhood Arrivals (DACA) program administered by the Department of Homeland Security (DHS). When firearms and ammunition were found in his possession, Arrieta was charged with being an alien illegally and unlawfully in the United States in possession of a firearm affecting interstate and foreign commerce...
    • 23 Sep 2020

    Baer Reed: Aller v. Aller

    The father, Peter H. Aller, had signed a note to his wife promising to pay her $1000. After several payments were made, the wife died. The father then agreed to pay the balance due to his daughter, Angelina Aller, and signed a new note to that effect. Angelina brought an action to recover on the note. Judgment was granted in favor of Angelina. The defendant executor resisted payment on the ground that the note, which...
    • 23 Sep 2020

    Baer Reed: Davis v. Mississippi

    After an 86-year-old white woman was allegedly raped, she described her assailant as a Negro youth, and the police found some fingerprints on the window through which the assailant had apparently entered her home. Defendant Davis, a 14-year-old boy who had occasionally worked for the victim as a yardboy, and several other Negro youths were taken to police headquarters, where they were questioned briefly and were fingerprinted...
    • 23 Sep 2020

    Baer Reed: Eastwood v. Superior Court

    Petitioner Clint Eastwood, a well-known actor, brought suit against the National Enquirer, Inc. (Enquirer), a tabloid newspaper, for invasion of privacy through the commercial appropriation of his name, photograph, and likeness, under both the common law and Cal. Civ. Code § 3344. The newspaper published a false article about a love triangle involving petitioner and made telecast advertisements in which it featured...
    • 23 Sep 2020

    Baer Reed: Purtle v. Shelton

    Jerry Purtle, a sixteen-year-old minor was injured in a hunting accident when Kenneth Shelton, Jr., a seventeen-year-old minor, accidentally shot in his direction while the two were hunting for deer. Robert Purtle, Jerry Purtle’s father filed an action against Kenneth, Jr. and his father. The trial court instructed the jury that Kenneth, Jr. was required to use that degree of care which a minor his age would use...
    • 23 Sep 2020

    Baer Reed: Flatt v. Superior Court

    Based on plaintiff William Daniel’s dissatisfaction with the work performed by his first attorney, Donald Hinkle, plaintiff had met with defendant attorney, Gail Flatt, to discuss his grievance. One week after that meeting, defendant returned plaintiff's documents and advised him that she could not represent him in an action against Hinkle, because her firm was representing Hinkle’s firm in an unrelated...
    • 22 Sep 2020

    Baer Reed: People v. Jennings

    A San Bernardino County jury found defendant Martin Carl Jennings guilty of the first degree murder of his five-year-old son, Arthur Jennings. The jury further found true the special circumstance that the murder was intentional and involved the infliction of torture, but found not true the special circumstance that defendant intentionally killed Arthur by the administration of poison. Following the penalty phase of the...
    • 22 Sep 2020

    Baer Reed: Crosstex N. Tex. Pipeline, L.P. v. Gardiner

    Crosstex North Texas Pipeline, L.P., owns and operates a natural-gas pipeline. When Crosstex was preparing to construct the pipeline in 2005, it purchased a 20-acre tract along the pipeline's projected path in a rural part of Denton County to use as a storage yard during construction and as a prospective site for a compressor station. Andrew and Shannon Gardiner own an undeveloped 95-acre ranch, and its southwest...
    • 22 Sep 2020

    Baer Reed: State v. Smith

    Victim told her mother's friend that Eual Howard Smith, Jr., victim's grandmother's husband, had touched her in inappropriate areas for years. Defense counsel attempted to cross-examine victim's mother about victim's similar accusations against her cousin. Victim subsequently recanted these accusations. Testimony regarding victim's prior allegations of sexual molestation were barred on basis of...