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Free research papers and essays on topics related to: summary judgment
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- Business Law - 2,874 words
Business Law Dr. H. MANSOUR BADM 403 Karim Sobh Farida Khamis INTERNATIONAL COMMERCIAL ARBITRATION Outline A. What is International Arbitration? 1. Defining Characteristics of Commercial Arbitration 2. Special Characteristics of International Commercial Arbitration 3. Legal Framework for International Commercial Arbitration 4. Institutional Arbitration Rules 5. International Arbitration Agreements B. An Overview of the Advantages and Disadvantages of International Arbitration C. An Overview of Leading International Arbitration Institutions and Rules 1. Institutional Arbitration 2. Ad Hoc Arbitration 3. Leading Arbitral Institutions: a. International Chamber of Commerce International Court Of ...
Related: business law, important role, world wide, latin america, substantial
- Product Liability - 1,168 words
Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liability of their product to their consumers. This is where product liability legal issues come from, a segment of the law which has seen its fare share of turmoil and difficulties. Product liability is the pr ...
Related: liability, product liability, appellate court, personal injury, injured
- Re: Ingersoll Rand Co V Mcclendon, Page 57 - 338 words
Re: Ingersoll -Rand Co. v. McClendon, page 57 Date: 1-4-99 FACTS: Perry McClendon, plaintiff, was an employee of Ingersoll-Rand Co., defendant, for nine years. Plaintiff felt he was fired short of his ten years of service so defendant could avoid pension obligations. Plaintiff sued for wrongful discharge. Defendant argues that plaintiffs common law claim was preempted by the ERISA (Employee Retirement Income Security Act). ARGUMENTS: Plaintiff: Wrongful discharge Defendant: Terminated at will and common law case was preempted by ERISA provisions. ISSUE(S) An ERISA plan exists and the employer had a pension-defeating motive in terminating the employment of plaintiff. HOLDING: EIRSAs explicit ...
Related: rand, business today, public policy, case study, terminating
- The Conflict Of Interest Inherit In Administrative Review - 2,807 words
The Conflict Of Interest Inherit In Administrative Review The Conflict of Interest Inherit in Administrative Review and the Ineffectiveness of the Current Standard of Review by U.S. District Courts Law and Medicine By # I. Introduction The Employee Retirement Income Security Act, better known as ERISA, has been a major issue in healthcare litigation since its inception in 1974. ERISA governs any claim centering on health insurance, disability insurance, or any other employer provided benefits. ERISA affects many aspects of the American legal system, from inter-state commerce to bankruptcy, and particularly insurance and healthcare law. ERISA contains clauses for both the procedure and subs ...
Related: administrative, conflict of interest, inherit, benefit plans, hospital care
- Wendt V Host - 4,611 words
Wendt V. Host US Court of Appeals for the Ninth Circuit Case Name:WENDT V HOST INTERNATIONAL Case Number: Date Filed: 96-55243 12/28/99 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GEORGE WENDT, an individual; JOHN RATZENBERGER, an individual, Plaintiffs-Appellants, v. No. 96-55243 HOST INTERNATIONAL, INC., a Delaware corporation, D.C. No. Defendant-Appellee, CV-93-00142-R and ORDER PARAMOUNT PICTURES, CORPORATION, a Delaware corporation, Defendant-Intervenor. Filed December 28, 1999 Before: Betty B. Fletcher and Stephen S. Trott, Circuit Judges, and Bruce S. Jenkins,1 District Judge. Order; Dissent by Judge Kozinski ORDER The panel has voted to deny the petition fo ...
Related: host, lord byron, beverly hills, copyright infringement, intrusive
- Wendt V Host - 4,608 words
... actor of likelihood of expansion of product lines weighed in Wendt's and Ratzenberger's favor as the potential existed that in the future, Ratzenberger's endorsement of other beers would be confused with his alleged endorsement of the beers sold at Host's bars.  A reasonable jury could have concluded that most of the factors weighed in favor of Wendt and Ratzenberger, and that Host's conduct created at least the likelihood of consumer confusion. Whether their Lanham Act claim should succeed was a matter for the jury.  In trademark cases, surveys are to be admitted as long as they are conducted according to accepted principles and are relevant. Challenges to methodology go to the ...
Related: host, the courtroom, district court, kansas city, overview
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