ipl-logo

Pegah Lak Case Summary

475 Words2 Pages

Thank you for retaining The Law Offices of Pegah Lak & Associates for you legal matters. . I have conducted some legal research to better prepare to fight this matter on your behalf. Based on my research and opinion, we have a good chance in dismissing the allegations against your airline. Below you will find the defenses that we can possibly assert by a motion. Failure to state a claim upon which relief can be granted: Motion 12(b)(6). The first motion my office can file on your behalf is Failure to state a claim upon which relief can be granted in accordance to federal rules of civil procedure 12(b)(6). Upon reading the complaint, it was brought to my attention that the complaint lacked prima facie facts of the accident such as in what way …show more content…

In addition the Plaintiff never mentioned her occupation, her salary or how she suffered loss wages. Plaintiff also failed to explain how Hipster Airlines breached its duty. Given that the facts were so minimal and the elements for negligence lacked important substance to support the allegations it is likely that the court may dismiss the action for negligence given that the plaintiff failed to state a proper claim upon which relief may be granted. Vicarious Liability Under the second cause of action vicarious liability, Plaintiff stated that the flight attendant breached the duty of care by “ failing to provide proper and effective instruction to passengers when exiting the aircraft and going down an emergency slide.” However, Plaintiff failed to explain what instructions were or were not given. Defendant’s complaint lacked important substance to support the vicarious liability allegation; subsequently it is likely that our 12(b)(6) motion to dismiss for failure to state a claim will be granted. In conclusion, my legal team and I believe that it is likely that the whole complaint can be dismissed. Please stay in touch , I look forward to hearing from

Show More
Related

  • Us Vs Clemons Case Study

    514 Words  | 3 Pages

    United States v. Clemons Parties: The United States of America(Plaintiff) v. Eugene Milton Clemons and Dedrick Germond Smith(Defendants) Facts: In the case of Eugene Milton and Dedrick Smith verses the United State, the defendants are charged with murdering George Douglas Althouse. George Althouse was a Special Agent with the Drug Enforcement Administration(DEA).

    Read More

  • Billy Buyer Case Summary

    506 Words  | 3 Pages

    The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,

    Read More

  • Case Study: Holland V. Cheney Bros, Inc.

    236 Words  | 1 Pages

    The claimant argues that the JJC’s finding of the facts were insufficient not making a credible appellate review. Procedure Below: Based on the facts of the case the Judge of Compensation (JCC) denied the claimant 's request for temporary partial disability. (TPD) Issue(s): Does claimant’s argument present preservation of error against legal sufficiency of the JCC? Holding: No.

    Read More

  • Hsm 542 Week 4 You Decide Case Summary

    280 Words  | 2 Pages

    this Court’s order to respond in full to the Hospital’s discovery requests and produce the requested documents. Additionally, Defendant failed to respond to the Hospital’s attempts to confer on this Motion. III. Conclusion and Prayer Defendant’s bad faith behavior implies that he considers himself to be above the requirements of the Rules of Civil Procedure and the authority of this Court.

    Read More

  • Pros And Cons V. Defendant Medic East

    826 Words  | 4 Pages

    Plaintiff was further prejudiced by this conduct in that she was required to testify at her deposition including questioning from Defendant Medic East’s attorneys who had video in their possession of the accident yet still feigned ignorance at said deposition. 10. In their response to the cross motion, it bears repeating that Defendant Medic East does not dispute being in possession of the video in dispute, nor do they dispute their failure to turn the video over from when it was originally demanded until after they filed for summary judgment. They simply argue “we turned it over eventually”, completely ignoring the severe prejudice and trying to downplay the bad faith stemming from their conduct.

    Read More

  • Ja Dyn Case Summary

    85 Words  | 1 Pages

    Ja'Dyn continues to engage in negative behaviors at school due to his inability to control his angry outburst and lack of ability to utilize his coping skills. Ja'Dyn is a misunderstood young man who has developed a bad reputation at school which has placed him in the crosshairs of all the faculty regardless if he started or engaged in any negative behaviors. Mom needs to be a little more proactive in making sure the school is following his IEP and 504 which is in place.

    Read More

  • Examples Of Westlaw Research Authority

    363 Words  | 2 Pages

    1. i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii.

    Read More

  • Betty Blackacre Case

    857 Words  | 4 Pages

    The motion for dismiss will be denied, due to the New York City trial court having long-arm statute in-personam jurisdiction. Furthermore, Betty may be permitted to apply for a change in venue if a fair trail would be impossible in

    Read More

  • Turner V Hershey Chocolate Case Analysis

    955 Words  | 4 Pages

    The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.

    Read More

  • Bowers V Hardwick Case Brief

    669 Words  | 3 Pages

    The District court acknowledges the defendants' motion to dismiss for failure to state a claim. The Court of

    Read More

  • Neveah Case Summary

    913 Words  | 4 Pages

    The following social policies and macro issues impact Neveah’s case: education, child mental health, and Lesbian, Gay, Bisexual, and Transgender (LGBT) equality. In 1974 congress passes the Education of the Handicapped Act, which required schools to provide mental health services to children with serious emotional disturbances (SED) (Fraser & Lanier, 2006). This protocol was included in the child’s Individual Education Plan (IEP) and helped them gain additional resources in the school setting (Fraser & Lanier, 2006). Prior to residential treatment, Neveah attended a public school and had an IEP.

    Read More

  • Intentional Tort: Court Case Study

    556 Words  | 3 Pages

    In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? 
Julian’s attorney is most likely to allege that mike reacted in a negligent matter in his complaint. As people it is our duty to act reasonably. A reasonable person would not have picked up Julian after witnessing him take a kick to the head. A reasonable person should not move a person who has received a kick to the head.

    Read More

  • Lagoyda Incident Report

    1100 Words  | 5 Pages

    Investigation Board on Lt. Lagoyda's crash. I asked him to get me the maintenance records on Captain Dunn's plane for the mission when the accident happened. I wanted to check the Part Two of the Form One on his airplane to see exactly how much jet fuel it had taken to refuel his plane after he had parked it back in the revetment that day. When the Chief brought me the Part II of the form for Dunn’s plane for the day of the Flight, my suspicions were confirmed. The Part II of the form showed it had taken 420 gallons of JP-3 jet fuel to refuel the internal tanks on Captain Dunn's plane.

    Read More

  • Injury And Claim Negligence Essay

    643 Words  | 3 Pages

    Every year, there are some 10,000 serious auto accidents in the state of Hawaii alone. Traffic accidents in Hawaii are one of the most common causes of injury and death. In fact, an estimated 12,000 people are injured in auto accidents in Hawaii every year, and of those, between 120 and 150 result in fatality. Unfortunately, many of these accidents are due to speeding or another form of reckless driving. No matter how safe of a driver you are, there is always a chance you could be involved in an accident.

    Read More

  • Intellectual Evidence: Case Study

    255 Words  | 2 Pages

    MOTION TO DISMISS RULE TO SHOW CAUSE OR IN THE ALTERNATIVE MOTION TO CONTINUE THE ADVISEMENT HEARING COME NOW Vernida R. Chaney, Esq. and enter her appearance on behalf of the defendant, Georgia Sunlee Hazel, and move this Honorable Court to dismiss the rule to show against the defendant on the grounds that the defendant completed the balance of her community service hours. See Exhibit A (attached). In alternative, the defendant, through counsel, moves the this Honorable Court to continue the advisement hearing scheduled for November 5, 2015 on the grounds that counsel has a conflict and is unavailable to attend the hearing on behalf of the defendant. If the Court grants the motion to continue, counsel is available on the following dates:

    Read More

More about Pegah Lak Case Summary

Open Document