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2016-17 Case Problem
A civil case of employment discrimination Riley Winter
v.
TBD, Inc.
BY THE AMTA CIVIL CASE COMMITTEE
JUSTIN BERNSTEIN • MICHAEL J. GELFAND • DANIEL HAUGHEY
Defense counsel's guide to preserving objections for appealrobertlaunchpodium
This document provides guidance to trial defense counsel on preserving objections for appeal. It discusses key concepts like waiver doctrine, standards of review, and specifics on preserving certain types of objections. The top 10 things to make the appellate record are outlined, emphasizing the need to properly object at trial on all grounds to avoid waiver of issues on appeal. Failure to object or enter conditional pleas results in waiver of most issues. Proper objections and offers of proof are critical to receiving meaningful appellate review.
Condamné en première instance à 18 ans de prison pour « crimes de guerre » et « crimes contre l'humanité » en Centrafrique, l’ancien vice-président et ex-chef rebelle congolais Jean-Pierre Bemba a vu vendredi 8 juin sa culpabilité annulée en appel devant la Cour pénale internationale.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
This document provides an agenda and instructions for a criminal procedures class that includes a mock trial activity. The agenda covers opening remarks, a mock trial preparation session, and notes on criminal procedures such as the roles of key participants, how cases proceed through the system, and definitions of important legal concepts like murder and manslaughter. Students are assigned roles and cases for the mock trial and provided guidance on preparing opening/closing statements and questioning witnesses.
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
Here are the six basic steps of an appeal:
1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk.
2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court.
3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court.
4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors.
5. Oral Argument - Each side may present oral arguments to a panel of appeals judges.
6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's
The document discusses key rules and issues regarding evidence in commercial dispute resolution in Vietnam. It covers: 1) what constitutes evidence; 2) types of decisive evidence like signed documents; 3) challenges with electronic evidence like emails; 4) preference for written witness testimony over verbal testimony; 5) inability to compel witness testimony; 6) use of expert opinions; and 7) issues with privileged communications. The document aims to provide guidance to litigants on effectively preparing and presenting evidence for commercial disputes in Vietnamese courts.
Paralegal Ethics Final Conflict of Interest BriefMark Smith
The memorandum summarizes the case Harmon T. Sharp V. Next EntertainmentINC (2008) 163 Cal.App.4th 410. The case involved a lawsuit filed by reality TV employees against production companies for wage and labor violations. The employees were represented by attorneys paid for by the Writers Guild of America (WGA). The defendant filed a motion to disqualify plaintiffs' counsel due to conflict of interest between the WGA and plaintiffs. The trial court denied the motion. On appeal, the court found that public policy concerns and conflict waivers signed by plaintiffs were sufficient to overcome the conflict and upheld the trial court's ruling.
Defense counsel's guide to preserving objections for appealrobertlaunchpodium
This document provides guidance to trial defense counsel on preserving objections for appeal. It discusses key concepts like waiver doctrine, standards of review, and specifics on preserving certain types of objections. The top 10 things to make the appellate record are outlined, emphasizing the need to properly object at trial on all grounds to avoid waiver of issues on appeal. Failure to object or enter conditional pleas results in waiver of most issues. Proper objections and offers of proof are critical to receiving meaningful appellate review.
Condamné en première instance à 18 ans de prison pour « crimes de guerre » et « crimes contre l'humanité » en Centrafrique, l’ancien vice-président et ex-chef rebelle congolais Jean-Pierre Bemba a vu vendredi 8 juin sa culpabilité annulée en appel devant la Cour pénale internationale.
Overview of civil litigation for the litigation neophyte or the non litigatorAdam Leitman Bailey, P.C.
This document provides an overview of the civil litigation process in 5 stages: pleadings, discovery, motions, trial, and appeal.
It begins with a brief outline of the typical pleadings filed, including complaints, answers, counterclaims, and replies. Discovery procedures like interrogatories, depositions, and demands for documents are then explained. Common pre-trial motions such as motions to dismiss and for summary judgment are also summarized.
Trial procedures for both Supreme Court and Landlord-Tenant Court are outlined, noting differences such as jury availability. Steps of a typical jury trial include opening statements, examination of witnesses, motions to dismiss, closing arguments and jury deliberation.
The document concludes with a high-level
This document provides an agenda and instructions for a criminal procedures class that includes a mock trial activity. The agenda covers opening remarks, a mock trial preparation session, and notes on criminal procedures such as the roles of key participants, how cases proceed through the system, and definitions of important legal concepts like murder and manslaughter. Students are assigned roles and cases for the mock trial and provided guidance on preparing opening/closing statements and questioning witnesses.
This document outlines an agenda for a class on criminal procedures and introduces a mock trial exercise. It includes an overview of criminal procedures, roles in the criminal justice system, and steps in the criminal process like investigation, arrest, bail, preliminary hearings, trials, and sentencing. It then provides details and instructions for two mock trial cases involving charges of murder or manslaughter in the death of babies or adults. Students are assigned roles and tasks to prepare opening and closing statements and examine witnesses for the mock trial.
Here are the six basic steps of an appeal:
1. Notice of Appeal - The losing party files a notice of appeal with the trial court clerk.
2. Record on Appeal - The clerk prepares the record of documents and transcripts from the trial for the appeals court.
3. Appellant's Brief - The appellant files a brief explaining any errors made in the trial court.
4. Appellee's Brief - The appellee, or opposing party, files a brief responding to the appellant's claimed errors.
5. Oral Argument - Each side may present oral arguments to a panel of appeals judges.
6. Decision - The appeals court issues a written decision either upholding or overturning the lower court's
The document discusses key rules and issues regarding evidence in commercial dispute resolution in Vietnam. It covers: 1) what constitutes evidence; 2) types of decisive evidence like signed documents; 3) challenges with electronic evidence like emails; 4) preference for written witness testimony over verbal testimony; 5) inability to compel witness testimony; 6) use of expert opinions; and 7) issues with privileged communications. The document aims to provide guidance to litigants on effectively preparing and presenting evidence for commercial disputes in Vietnamese courts.
Paralegal Ethics Final Conflict of Interest BriefMark Smith
The memorandum summarizes the case Harmon T. Sharp V. Next EntertainmentINC (2008) 163 Cal.App.4th 410. The case involved a lawsuit filed by reality TV employees against production companies for wage and labor violations. The employees were represented by attorneys paid for by the Writers Guild of America (WGA). The defendant filed a motion to disqualify plaintiffs' counsel due to conflict of interest between the WGA and plaintiffs. The trial court denied the motion. On appeal, the court found that public policy concerns and conflict waivers signed by plaintiffs were sufficient to overcome the conflict and upheld the trial court's ruling.
Lawweb.in judgment of us district court on motion for a negative inference ba...Law Web
Judgment of US District court on motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails - See more at: http://www.lawweb.in/2016/04/judgment-of-us-district-court-on-motion.html?#sthash.T5WQGg2Q.dpuf
This memorandum supports the plaintiff's motion to compel further discovery from the defendants. It summarizes that the plaintiff, Izabella Danielli, was seriously injured in a car accident caused by the defendant's tractor-trailer. While the defendants objected to the plaintiff's requests for production, they failed to provide any responses or a privilege log. The memorandum argues that the plaintiff is entitled to any statements made to the defense, as they are neither privileged nor protected work product. It also argues that sanctions should be awarded against the defendants for failing to meet and confer in good faith or provide a privilege log. The plaintiff is requesting an order compelling responses to requests for production and monetary sanctions of $1,500.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
This order from the United States District Court for the Northern District of Georgia addresses sanctions against Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Sean Smith, and Dr. Terrell Mark Wright for contempt of previous court orders. The court had previously found the defendants in contempt for making unsubstantiated advertising claims about weight loss products in violation of injunctions against deceptive marketing practices. At an evidentiary hearing, the court considered evidence to determine the appropriate nature and amount of sanctions. In this order, the court issues findings of fact regarding the defendants' roles and responsibilities at Hi-Tech, and reserves judgment to issue conclusions of law on the sanctions imposed.
This document discusses the consequences of appearances and non-appearances of parties in civil litigation under Order IX of the Code of Civil Procedure, 1908.
The key points discussed are:
- If neither party appears on the hearing date, the court may dismiss the suit under Rule 3.
- If the defendant does not appear, the court may proceed ex-parte and pass a decree against the defendant. The defendant can then apply to set aside the ex-parte decree by showing they did not receive notice or had sufficient cause for non-appearance.
- If only the plaintiff appears, the court may proceed ex-parte or adjourn the hearing to a future date. The consequences of a decree passed
1. The document discusses the English legal system and routes of appeal through the courts. It outlines several courts that hear cases at both the first instance and appellate levels.
2. It provides examples of how defendants and prosecutions can appeal cases from lower courts to higher appellate courts. Defendants can appeal on points of law, points of fact, or sentences depending on their original plea.
3. The document also discusses specialized appeal bodies like the Criminal Cases Review Commission that can investigate potential miscarriages of justice and refer cases back to the Court of Appeal.
This document provides information about the civil appeals process in Massachusetts courts. It explains that if a party is dissatisfied with a trial court judgment, they have the right to appeal after final judgment. It outlines the steps to file an appeal, including filing a notice of appeal within 30 days, ordering transcripts if needed, docketing the appeal by paying a fee, and filing an appellant's brief and record appendix within 40 days. The brief must follow specific formatting rules and include sections like statements of issues, facts, and legal argument supported by authorities.
This document summarizes an appeal hearing regarding a previous employment tribunal case.
1) The appellant alleged discrimination on the grounds of race and disability by her employer. The previous tribunal largely rejected her claims over 10 days of evidence. The appeal argues the previous tribunal made errors in its findings.
2) Three grounds of appeal are argued: that certain acts found to be out of time should have been seen as continuing acts; that the tribunal failed to properly consider the duty to make reasonable adjustments for disability under the Disability Discrimination Act; and that the tribunal was biased against the appellant in its findings.
3) The appeal tribunal finds the first two grounds do not present an arguable
Motion to Dismiss 12 B 5 FILING Stamped-1 July 2021.pdfFrankEkejija1
Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
This document provides an agenda and announcements for a government team meeting. It includes discussing possible Supreme Court nominees, profiling the current 9 Supreme Court justices, and a moot court activity on the Dred Scott v. Sandford case. It reminds students to submit their first question and that their second question is due on Monday. It also lists upcoming events like a town hall and officers meeting.
This document is a plaintiff's ex parte application for a temporary restraining order and preliminary injunction against the Antelope Ground Water Agreement Association (AGWA) and their attorneys. The plaintiff, representing a certified class, seeks to restrain AGWA from communicating with or soliciting absent class members about issues related to the class action. The plaintiff argues that AGWA has already held meetings with class members without the consent or knowledge of class counsel, and intends to hold another meeting during the class notice period, which could confuse class members. The plaintiff believes they are likely to succeed on the merits since AGWA, knowing the class members are represented, has communicated directly with them in violation of ethical rules. A restraining order is necessary to prevent
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
This proposal form requests information from applicants seeking commercial litigation insurance. It requests details about the applicant and their legal representatives, estimates of costs and the coverage sought, information about the opposing party and their representatives, and details about the claim such as the nature of the dispute, evidence, damages, defenses, settlement prospects, costs awards, and enforcement. The applicant is asked to provide documentation to support their costs estimates and a breakdown of anticipated legal costs and funding arrangements. The purpose is to allow the insurance provider to assess the application and prospects of success for the claim.
This document discusses evidentiary issues that may arise in a rape case involving three suspects - Jones, Walsh and Bert. During the investigation, police obtained a statement from Bland alleging that Jones was involved in three separate assaults and rapes of juveniles over three days. There are potential hearsay issues with admitting Bland's statement. Additionally, evidence of prior bad acts by Jones risks being excluded, as past crimes cannot be used to prove conduct on the current occasion. However, such evidence may be admissible to show intent, plan or identity. The judge will need to carefully weigh the probative value versus prejudicial effect of this evidence.
06/27/11: Response to DOJ Motion Opposing Amicus Briefartba
This document is a reply brief submitted by a group of amici curiae (friends of the court) in support of their motion for leave to file an amicus brief in a case before the United States District Court for the District of Columbia. The amici argue that EPA's opposition to their motion is based on an overly narrow interpretation of the standard for allowing amicus briefs. Specifically, the amici assert that they can provide unique perspectives and expertise to assist the court, including analysis from a renowned economist of the potential nationwide economic impacts of EPA's actions at issue in the case. The amici therefore request that the court accept their amicus brief.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
Lawweb.in judgment of us district court on motion for a negative inference ba...Law Web
Judgment of US District court on motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails - See more at: http://www.lawweb.in/2016/04/judgment-of-us-district-court-on-motion.html?#sthash.T5WQGg2Q.dpuf
This memorandum supports the plaintiff's motion to compel further discovery from the defendants. It summarizes that the plaintiff, Izabella Danielli, was seriously injured in a car accident caused by the defendant's tractor-trailer. While the defendants objected to the plaintiff's requests for production, they failed to provide any responses or a privilege log. The memorandum argues that the plaintiff is entitled to any statements made to the defense, as they are neither privileged nor protected work product. It also argues that sanctions should be awarded against the defendants for failing to meet and confer in good faith or provide a privilege log. The plaintiff is requesting an order compelling responses to requests for production and monetary sanctions of $1,500.
This document discusses the concept of a lawsuit and the importance of pleadings in civil litigation. It provides definitions and explanations of key terms like pleading, plaint, and written statement. The main points are:
1) Pleadings are the formal written statements that define the issues in a civil lawsuit. They help narrow the matters in dispute and prevent surprises at trial.
2) The main types of pleadings are the plaint, which is the plaintiff's statement of claims, and the written statement, which is the defendant's reply and defenses.
3) Pleadings must be confined to material facts and prevent irrelevant information. Their purpose is to ascertain the exact matters in disagreement to facilitate appropriate evidence and
This order from the United States District Court for the Northern District of Georgia addresses sanctions against Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Sean Smith, and Dr. Terrell Mark Wright for contempt of previous court orders. The court had previously found the defendants in contempt for making unsubstantiated advertising claims about weight loss products in violation of injunctions against deceptive marketing practices. At an evidentiary hearing, the court considered evidence to determine the appropriate nature and amount of sanctions. In this order, the court issues findings of fact regarding the defendants' roles and responsibilities at Hi-Tech, and reserves judgment to issue conclusions of law on the sanctions imposed.
This document discusses the consequences of appearances and non-appearances of parties in civil litigation under Order IX of the Code of Civil Procedure, 1908.
The key points discussed are:
- If neither party appears on the hearing date, the court may dismiss the suit under Rule 3.
- If the defendant does not appear, the court may proceed ex-parte and pass a decree against the defendant. The defendant can then apply to set aside the ex-parte decree by showing they did not receive notice or had sufficient cause for non-appearance.
- If only the plaintiff appears, the court may proceed ex-parte or adjourn the hearing to a future date. The consequences of a decree passed
1. The document discusses the English legal system and routes of appeal through the courts. It outlines several courts that hear cases at both the first instance and appellate levels.
2. It provides examples of how defendants and prosecutions can appeal cases from lower courts to higher appellate courts. Defendants can appeal on points of law, points of fact, or sentences depending on their original plea.
3. The document also discusses specialized appeal bodies like the Criminal Cases Review Commission that can investigate potential miscarriages of justice and refer cases back to the Court of Appeal.
This document provides information about the civil appeals process in Massachusetts courts. It explains that if a party is dissatisfied with a trial court judgment, they have the right to appeal after final judgment. It outlines the steps to file an appeal, including filing a notice of appeal within 30 days, ordering transcripts if needed, docketing the appeal by paying a fee, and filing an appellant's brief and record appendix within 40 days. The brief must follow specific formatting rules and include sections like statements of issues, facts, and legal argument supported by authorities.
This document summarizes an appeal hearing regarding a previous employment tribunal case.
1) The appellant alleged discrimination on the grounds of race and disability by her employer. The previous tribunal largely rejected her claims over 10 days of evidence. The appeal argues the previous tribunal made errors in its findings.
2) Three grounds of appeal are argued: that certain acts found to be out of time should have been seen as continuing acts; that the tribunal failed to properly consider the duty to make reasonable adjustments for disability under the Disability Discrimination Act; and that the tribunal was biased against the appellant in its findings.
3) The appeal tribunal finds the first two grounds do not present an arguable
Motion to Dismiss 12 B 5 FILING Stamped-1 July 2021.pdfFrankEkejija1
Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
This document provides an agenda and announcements for a government team meeting. It includes discussing possible Supreme Court nominees, profiling the current 9 Supreme Court justices, and a moot court activity on the Dred Scott v. Sandford case. It reminds students to submit their first question and that their second question is due on Monday. It also lists upcoming events like a town hall and officers meeting.
This document is a plaintiff's ex parte application for a temporary restraining order and preliminary injunction against the Antelope Ground Water Agreement Association (AGWA) and their attorneys. The plaintiff, representing a certified class, seeks to restrain AGWA from communicating with or soliciting absent class members about issues related to the class action. The plaintiff argues that AGWA has already held meetings with class members without the consent or knowledge of class counsel, and intends to hold another meeting during the class notice period, which could confuse class members. The plaintiff believes they are likely to succeed on the merits since AGWA, knowing the class members are represented, has communicated directly with them in violation of ethical rules. A restraining order is necessary to prevent
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
This proposal form requests information from applicants seeking commercial litigation insurance. It requests details about the applicant and their legal representatives, estimates of costs and the coverage sought, information about the opposing party and their representatives, and details about the claim such as the nature of the dispute, evidence, damages, defenses, settlement prospects, costs awards, and enforcement. The applicant is asked to provide documentation to support their costs estimates and a breakdown of anticipated legal costs and funding arrangements. The purpose is to allow the insurance provider to assess the application and prospects of success for the claim.
This document discusses evidentiary issues that may arise in a rape case involving three suspects - Jones, Walsh and Bert. During the investigation, police obtained a statement from Bland alleging that Jones was involved in three separate assaults and rapes of juveniles over three days. There are potential hearsay issues with admitting Bland's statement. Additionally, evidence of prior bad acts by Jones risks being excluded, as past crimes cannot be used to prove conduct on the current occasion. However, such evidence may be admissible to show intent, plan or identity. The judge will need to carefully weigh the probative value versus prejudicial effect of this evidence.
06/27/11: Response to DOJ Motion Opposing Amicus Briefartba
This document is a reply brief submitted by a group of amici curiae (friends of the court) in support of their motion for leave to file an amicus brief in a case before the United States District Court for the District of Columbia. The amici argue that EPA's opposition to their motion is based on an overly narrow interpretation of the standard for allowing amicus briefs. Specifically, the amici assert that they can provide unique perspectives and expertise to assist the court, including analysis from a renowned economist of the potential nationwide economic impacts of EPA's actions at issue in the case. The amici therefore request that the court accept their amicus brief.
This webinar is for the lawyer -or anyone else- who wants to brush up on the latest issues and strategies to be aware of regarding legal ethics and best practices. The panelists discuss recent and important case law in the area and explain how those decisions can have real-world impact on the situations you may be involved in. Among others, the panel will address the following Model Rules of Professional Conduct: Rule 1.7-Conflict of Interest: Current Clients; Rule 1.8-Conflict of Interest: Current Clients: Specific Rules; Rule 3.8 - Special Responsibilities of a Prosecutor; and Rule 4.4(a) Respect for Rights of Third Persons.
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
Be prepared and gain a deeper understanding of Arizona civil lawsuits with this simple to understand guide. An in depth explanation of civil lawsuits in Arizona, including the stages of a lawsuit, and common terminology.
This CLE presentation from Kegler Brown's 12th Annual Seminar on Professional Responsibility covers duties to report and cooperate, confidentiality, professionalism, advertising guidelines and more for attorneys admitted to the bar in Ohio. The speakers were Geoffrey Stern, Christopher Weber, Rasheeda Khan and Carol Costa.
Similar to PS 316 Perfect Education/tutorialoutletdotcom (20)
Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
This document provides an overview of wound healing, its functions, stages, mechanisms, factors affecting it, and complications.
A wound is a break in the integrity of the skin or tissues, which may be associated with disruption of the structure and function.
Healing is the body’s response to injury in an attempt to restore normal structure and functions.
Healing can occur in two ways: Regeneration and Repair
There are 4 phases of wound healing: hemostasis, inflammation, proliferation, and remodeling. This document also describes the mechanism of wound healing. Factors that affect healing include infection, uncontrolled diabetes, poor nutrition, age, anemia, the presence of foreign bodies, etc.
Complications of wound healing like infection, hyperpigmentation of scar, contractures, and keloid formation.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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Training: ISO/IEC 27001 Information Security Management System - EN | PECB
ISO/IEC 42001 Artificial Intelligence Management System - EN | PECB
General Data Protection Regulation (GDPR) - Training Courses - EN | PECB
Webinars: https://pecb.com/webinars
Article: https://pecb.com/article
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Slideshare: http://www.slideshare.net/PECBCERTIFICATION
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
1. PS 316 Prepare closing arguments based on the following
case; attachments are the case and if needed as well as the
ATMA rules of evidence
FOR MORE CLASSES VISIT
www.tutorialoutlet.com
2016-17 Case Problem
A civil case of employment discrimination Riley Winter
v.
TBD, Inc.
BY THE AMTA CIVIL CASE COMMITTEE
JUSTIN BERNSTEIN • MICHAEL J. GELFAND • DANIEL
HAUGHEY
TOBY HEYTENS • MACKENZI SIEBERT • ABBE STENSLAND •
KYLE WEST Revised 12/4/16 Synopsis
Professional writer Riley Winter, age 50 at the time of termination,
has sued an online magazine, TBD, Inc., for wrongful termination on
the basis of age discrimination.
Available Witnesses
•
•
•
•
• Riley Winter, writer
2. Austin Perez, editor in chief
Bobbie Lin, secretary
Sam Owens, employment expert
Cary Kramer, psychiatrist •
•
•
•
• Sawyer Shaw, chief executive officer
Skye Martin, human resources manager
Adrian Edwards, tech magnate
Kirby Doolittle, intern
Vic Fogel, journalism expert We Need Your Help!
Please report any typos, inconsistencies, or other errors to
amta.civilcase@collegemocktrial.org. We
do not anticipate releasing any additional changes before regionals.
NEW AMTA POLICY – Licensing Fee for Use of Case Materials at
Invitational Tournaments
These case materials are the intellectual property of the American
Mock Trial Association. By paying
the School Registration Fee, a school acquires a license to use this
case for internal educational purposes and
to compete at AMTA-sanctioned tournaments (that is, regionals,
ORCS, and the National Championship
Tournament). Under AMTA’s Intellectual Property policy, however,
this license does not by itself permit
3. use of these case materials to host an invitational tournament. Instead,
Schools wishing to use these case
materials to host an invitational tournament must obtain a separate
license to do so. For 2016-17, this license will require tournament
hosts to pay to AMTA an amount equal to 5% of gross fees collected
from all
participating teams, to provide AMTA with a copy of the tournament
tab summary, and to respond promptly to any requests for information
from AMTA. Failure to comply with any of these requirements could
result in sanctions under the AMTA rules or other consequences,
including inability to compete in AMTAsanctioned tournaments until
the school is in compliance. If you have any questions, please contact
AMTA.IP@collegemocktrial.org.
Notes and Acknowledgments
This case is a work of fiction, and AMTA owns all rights. Any
similarity to real people, companies,
locations, trade names, service marks, or copyrighted material is
purely coincidental.
The case committee wishes to thank:
•
• Alex Bluebond, Brandon Harper, Sue Johnson, Michael Nelson, and
Melissa Schuett for
proofreading the case.
Sarah Sawtelle for creating our more technically challenging exhibits
and logos. 1 1 Revised 12/4/16 SPECIAL INSTRUCTIONS
Witnesses and Witness Selection
1. Witness Availability: Winter, Perez, Lin, Owens, and Kramer may
be called only by the plaintiff.
4. Shaw, Martin, Edwards, Doolittle, and Fogel may be called only by
the defense. See Instructions 2(a)
and (b) for special rules governing Kramer and Shaw.
2. Captains Meeting Procedures. Damages election and witness
selection must proceed sequentially down the Captains Meeting Form.
All announcements are final once made.
a. Step 1: Plaintiff announces whether it is pursuing damages or
whether the trial has
been bifurcated into separate liability and damages phases.
i. If plaintiff pursues damages:
1. Legal Document 5 (Pretrial Order (Liability Only)) does not exist
and
may not be referenced by either team for any purpose.
2. Plaintiff must select Kramer as one of its three witnesses.
ii. If plaintiff chooses bifurcation:
1. Legal Document 6 (Pretrial Order (Damages)) does not exist and
may
not be referenced by either team for any purpose.
2. Plaintiff may not select Kramer as one of its three witnesses.
b. Step 2: Defense announces if it is calling Shaw.
i. If Shaw is one of the three defense witnesses:
1. Exhibit 20(2) (timestamp 2:00 p.m.) does not exist.
ii. If Shaw is not one of the three defense witnesses:
1. Exhibit 20(1) (timestamp 1:59 p.m.) does not exist.
2. Notwithstanding AMTA Rule 4.31(1), the defense team’s total
allotted
5. time for direct examination will be reduced to 20 minutes.
c. Step 3: Defense announces its remaining witnesses.
d. Step 4: Plaintiff announces its three witnesses, subject to the rules
stated in Step 1.
3. Genders of available witnesses: The plaintiff team determines the
genders of all available plaintiff witnesses. The defense team
determines the genders of all available defense witnesses.
4. Party Representatives. Winter and Shaw are the only permissible
party representatives under
Rule 615 of the Midlands Rules of Evidence. If Winter or Shaw will
be called as witnesses, they
must be designated as party representatives by the party calling them.
Other provisions
5. Reports as “Affidavits.” The reports of Owens, Kramer, and Fogel
are “affidavits” for purposes
of AMTA Rules 8.9 (Invention of Fact) and 8.17 (Admission) and
thus may not be offered into
evidence.
6. Winter and Shaw Depositions. Riley Winter and Sawyer Shaw do
not have affidavits or reports.
The depositions of Winter and Shaw are not “affidavits” for purposes
of AMTA Rules 8.9 (Invention of Fact) or 8.17 (Admission). Students
playing Winter and Shaw may build their testimony using the
depositions and other documents in the case. Winter and Shaw may
also invent facts outside of the case documents, but can still be cross
examined on those inventions using the deposition, exhibits, or other
case materials. All inventions of fact by Winter and Shaw must
comply
6. with all AMTA Rules and other special instructions in the case. For
example, Shaw may not deny
that Shaw gave the answers given in the deposition after having sworn
to tell the truth or deny
having sent any emails or texts that purport to have been sent by
Shaw.
1 Revised 12/4/16 7. Fifth Amendment. No witness may refuse to
answer any question—and no attorney may instruct a witness not to
respond—based on the witness’s Fifth Amendment rights.
8. Birthday card (Exhibit 8). Teams may use the birthday card exhibit
in two ways. First, teams
may use the materials in their provided form (or an enlargement
thereof) as an exhibit, subject to
the rules of evidence. Second, teams may use the provided materials
to approximate an actual
birthday card (including by folding the materials, printing them on
cardstock, or the like) so long
as they do not add content or alter the existing content in any way.
(To print the card in doublesided format, select “Flip on short side” or
similar before printing). Any team wishing to approximate an actual
card must show the card to the other team during the captains meeting
so that any
concerns may be brought to the attention of the AMTA
representatives.
9. Final Versions (and Revision Dates). All participants must
acknowledge that all case documents are the final and only versions
of those documents. AMTA’s case corrections will be indicated by
dates (e.g. “8-15-2015”) at the top or bottom of corrected documents.
For purposes of
the trial, such dates do not indicate anything else about the history of
the document. For instance,
7. dates do not indicate that a witness has revised his or her affidavit,
report, declaration, etc., or
when such a revision occurred.
10. Witnesses must be able to respond to cross-examination.
Stipulation 7 provides that “[a]ll
parties and witnesses are of at least of normal intelligence and none
has or ever has had a mental
condition that would impact a person’s perception, memory, or ability
to respond to questions on
cross examination.” It is a violation of that stipulation and of this
special instruction to portray Riley Winter—or any other witness—in
a manner that renders Winter unable or unwilling to respond to
otherwise proper questions on cross examination. 2 CAPTAINS
MEETING FORM
To get ballots, competitors must complete this form and submit it to
the AMTA representative (or, at
invitational competitions, the tournament host). Courtroom # ____
The Captains Meeting proceeds in the following order: All selections
are final and binding once announced.
1. Plaintiff decides whether to bifurcate the trial (liability only) or
pursue damages:
BIFURCATE
Legal Document 6 Does Not Exist
Plaintiff May Not Call Kramer DAMAGES
Legal Document 5 Does Not Exist
Plaintiff Must Call Kramer 2. Defense announces whether it is calling
Shaw:
SHAW
8. Exhibit 20(2) Does Not Exist
Defense Has 25 Minutes For Direct NO SHAW
Exhibit 20(1) Does Not Exist
Defense Has 20 Minutes For Direct 3. Defense selects its remaining
witnesses from Martin, Edwards, Doolittle, and Fogel.
4. Plaintiff selects its remaining witnesses from Winter, Perez, Lin,
and Owens.
5. In the table below, circle the three witnesses selected by each party
(six total). Each party
indicates the gender of each of its available witness, including those
not called. Plaintiff
Witness M/F Defense
Witness Riley Winter Sawyer Shaw Austin Perez Skye Martin Bobbie
Lin Adrian Edwards Sam Owens Kirby Doolittle Cary Kramer Vic
Fogel M/F CASE DOCUMENTS
Legal Documents
1. Complaint
2. Answer
3. Available Law
4. Stipulations
5. Pretrial Order (Liability Only). See Special Instruction 2(a).
6. Pretrial Order (Damages). See Special Instruction 2(a).
Plaintiff Witness Materials
1. Riley Winter (Deposition)
2. Austin Perez (Affidavit)
3. Bobbie Lin (Affidavit)
9. 4. Sam Owens (Report)
5. Cary Kramer (Report) Defense Witness Materials
6. Sawyer Shaw (Deposition)
7. Skye Martin (Affidavit)
8. Adrian Edwards (Affidavit)
9. Kirby Doolittle (Affidavit)
10. Vic Fogel (Report) Revised 9/23/16 EXHIBIT LIST
Defendant TBD, Inc.’s Responses to Plaintiff’s Interrogatories
Remarks to TBD, Inc. Staff
TBD People Policy
Memorandum from Martin to Winter (December 1, 2014)
Email from Winter to Perez (January 12, 2015)
Email from Shaw to All Staff (April 27, 2015)
Email from Shaw to All Staff (August 12, 2015)
Birthday card
Memorandum from Martin to Winter (December 1, 2015)
Riley Winter, TURNTable’s New QRate Is Ruining Music
(December 15, 2015)
Email from Winter to Perez and accompanying attachment (Dec. 16,
2015, 8:47 a.m.)
Email from Perez to Winter and accompanying attachment (Dec. 16,
2015, 10:08 a.m.)
Email from Winter to Perez (Dec. 16, 2015, 11:47 a.m.)
“What Kirby Learned”
Text messages from Shaw to Edwards (December 23, 2015)
10. Email from Edwards to Shaw (December 23, 2015)
Letter from Shaw to Winter (December 23, 2015)
Writers Employed by TBD, 2014-2015
Press release: “Greene-er Days for TBD’s Culture Beat” (Dec. 23,
2015)
Email from Perez to Perez (December 23, 2015)
(a) Version 20(1) (sent 1:59 p.m.) See Special Instruction 2(b).
(b) Version 20(2) (sent 2:00 p.m.) See Special Instruction 2(b).
21. Email from Shaw to Mayes (December 23, 2015).
22. “Riley Winter Articles, Clicks, and Shares” and accompanying
declaration
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
11. 14.
15.
16.
17.
18.
19.
20. 1 Revised 12/4/16 CIRCUIT COURT OF MIDLANDS
Riley Winter, Case No. CV 11-715
Plaintiff, Action filed: February 29, 2016 v.
Judge Rachel Oliver TBD, Inc.,
Defendant. Complaint 1. This is an employment discrimination action
brought under the Midlands Age Discrimination Act of 1967
(“MADA”). JURISDICTION, VENUE, & ADMINISTRATIVE
PREREQUISITES
2. This court has subject matter jurisdiction, personal jurisdiction, and
is a proper venue for
this lawsuit.
3. Plaintiff has complied with all administrative requirements to
bringing this action, including exhausting administrative remedies.
PARTIES AND RELEVANT INDIVIDUALS
4. Plaintiff Riley Winter (“Winter”) is a citizen of Midlands born on
November 20, 1965. 5. Defendant TBD, Inc. (“Defendant”) is a
corporation chartered under the laws of Midlands that publishes a
magazine called “TBD.”
6. Since January 1, 2014, Sawyer Shaw (“Shaw”) has been sole
shareholder and CEO of
Defendant. Shaw was born June 20, 1987.
12. 7. From January 2, 2014, through and including March 31, 2016,
Austin Perez (“Perez”)
was editor in chief of TBD. From January 2, 2014 until the present
Skye Martin (“Martin”)
has been Director of People Operations for Defendant. COUNT 1:
AGE DISCRIMINATION IN TERMINATION
8. Winter was employed by Defendant from July 14, 1988, to
December 23, 2015. 9. On December 23, 2015, Winter’s employment
was terminated by Defendant. Winter did
not resign, retire, or otherwise voluntarily give up Winter’s position.
10. Winter was 50 years old as of the date that Winter was terminated.
11. Shaw, Perez, and Martin all were aware of Winter’s age as of
December 23, 2015.
1 Revised 12/4/16 12. At the time of Winter’s termination, Winter’s
title was senior staff writer.
13. At the time Winter was terminated, Winter was fulfilling all of
Defendant’s legitimate
expectations in terms of conduct and performance.
14. At or about the time Winter’s employment was terminated,
Defendant hired Landon
Greene (“Greene”) to replace Winter. As of December 23, 2015,
Greene was 26 years old.
15. In violation of MADA, Defendant terminated Winter’s
employment because of, or on the
basis of, Winter’s age. PRAYER FOR RELIEF
THEREFORE, Plaintiff demands judgment against Defendant and
compensatory damages for
13. past lost wages, future lost wages, medical bills, and emotional
distress in an amount of
$4,000,000.
Respectfully submitted, K. Villany
Gupta, Piacenti, & Villany
Attorneys for Plaintiff 2 Revised 12/4/16 CIRCUIT COURT OF
MIDLANDS
Riley Winter, Case No. CV 11-715
Action filed: February 29, 2016 Plaintiff,
v. Judge Rachel Oliver TBD, Inc., Answer Defendant. 1. This is an
employment discrimination action brought under the Midlands Age
Discrimination Act of 1967 (“MADA”).
a. Defendant’s response: Admitted. JURISDICTION, VENUE,
& ADMINISTRATIVE PREREQUISITES
2. This court has subject matter jurisdiction, personal jurisdiction, and
is a proper venue for
this lawsuit.
a. Defendant’s response: Admitted. 3. Plaintiff has complied with all
administrative requirements to bringing this action, including
exhausting administrative remedies.
a. Defendant’s response: Admitted. PARTIES AND RELEVANT
INDIVIDUALS
4. Plaintiff Riley Winter (“Winter”) is a citizen of Midlands born on
November 20, 1965.
a. Defendant’s response: Admitted. 5. Defendant TBD, Inc.
(“Defendant”) is a corporation chartered under the laws Midlands
that publishes a magazine called “TBD.”
14. a. Defendant’s response: Admitted. 6. Since January 1, 2014, Sawyer
Shaw (“Shaw”) has been sole shareholder and CEO of
Defendant. Shaw was born June 20, 1987.
a. Defendant’s response: Admitted. 1 Revised 12/4/16 7. From
January 2, 2014, through and including March 31, 2016, Austin Perez
(“Perez”) was
editor in chief of TBD. From January 2, 2014 until the present Skye
Martin (“Martin”) has
been Director of People Operations for Defendant.
a. Defendant’s response: Admitted. COUNT 1: AGE
DISCRIMINATION IN TERMINATION
8. Winter was employed by Defendant from July 14, 1988, to
December 23, 2015.
a. Defendant’s response: Admitted. 9. On December 23, 2015,
Winter’s employment was terminated by Defendant. Winter did
not resign, retire, or otherwise voluntarily give up Winter’s position.
a. Defendant’s response: Admitted. 10. Winter was 50 years old as of
the date that Winter was terminated.
a. Defendant’s response: Admitted. 11. Shaw, Perez, and Martin all
were aware of Winter’s age as of December 23, 2015.
a. Defendant’s response: Admitted. 12. At the time of Winter’s
termination, Winter’s title was senior staff writer.
a. Defendant’s response: Admitted. 13. At the time Winter was
terminated, Winter was fulfilling all of Defendant’s legitimate
expectations in terms of conduct and performance.
a. Defendant’s response: Denied. 14. At or about the time Winter’s
employment was terminated, Defendant hired Landon
15. Greene (“Greene”) to replace Winter. As of December 23, 2015,
Greene was 26 years old.
a. Defendant’s response: Defendant admits that it hired Greene as a
writer in
December 2015 and that Greene was 26 years old. Defendant denies
that
Greene was hired to “replace” Winter or in fact “replaced” Winter.
15. In violation of MADA, Defendant terminated Winter’s
employment because of, or on the
basis of, Winter’s age.
a. Defendant’s response: Denied.
Respectfully submitted, R. Zhu
Zhu, Cohen, & Stern
Attorneys for Defendant 2 Revised 12/4/16 AVAILABLE LAW
The statute and cases listed below are the only legal authorities that
may be cited in trial. Statutes
NOTE: All statutes are from Title 29 of the Midlands Code (M.C.)
Chapter 14 -- Midlands Age Discrimination Act
29 M.C. § 623 - Prohibition of age discrimination
It shall be unlawful for an employer-(a) to fail or refuse to hire or to
discharge any individual or otherwise discriminate against
any individual with respect to his or her compensation, terms,
conditions, or privileges of
employment, because of such individual’s age . . .
29 M.C. § 631 - Age limit
16. The prohibitions in this chapter shall be limited to individuals who are
at least 40 years of age.
29 M.C. § 972 - Remedies
A plaintiff who prevails in an action under Section 623 may recover
compensatory damages. Relevant Cases
(All cases are from the Supreme Court of Midlands)
MIDLANDS AGE DISCRIMINATION ACT
Elements and Nature of Proof
O’Keefe v. Tunceli (1990)
To establish liability under the Midlands Age Discrimination Act
(MADA), a plaintiff must prove
three elements: (1) the plaintiff was a member of the protected class;
(2) the defendant took an adverse employment action against the
plaintiff; and (3) the defendant took the adverse employment
action because of the plaintiff’s age. To obtain damages, a plaintiff
also must establish a fourth element: (4) legally cognizable harm.
Mendoza v. Jovic (2015)
The well-known burden-shifting framework associated with
McDonnell Douglas Corp. v. Green, 411
U.S. 792 (1973), has no application in a MADA trial. Even in federal
court, that standard applies at
the summary judgment stage, not at trial. In addition, under MADA,
the burden never shifts to the
employer to show it would have taken the same action regardless of
age. See Villany v. Vincent (2014).
Instead, the parties’ obligations are governed solely by O’Keefe and
its progeny.
Element 1: Protected class
17. Liaolo v. Ahmed (1985)
A plaintiff is a member of the protected class so long as she was at
least 40 years old at the time of
the challenged employment decision.
Element 2: Adverse employment action
Mourrain v. Thompson (1992)
Termination of employment is, by definition, an “adverse
employment action.”
1 Revised 12/4/16 Element 3: Discriminatory intent and causation
Hobbs v. Xiao (1999)
The plaintiff must prove age was the “but-for” cause of the challenged
employment decision. Put
another way, the plaintiff must show that her age actually motivated
and was a necessary precondition for the employer’s action.
Villany v. Vincent (2014)
Under MADA, the burden of persuasion never shifts to the defendant
to prove that it would have
taken the same action regardless of the plaintiff’s age. Instead, the
plaintiff always must prove that
the defendant would not have taken the same action if not for the
plaintiff’s age.
Chan v. Ingram (1992)
The only relevant consideration under the third element of O’Keefe is
the defendant’s actual reason(s)
for terminating the plaintiff’s employment. For example, a defendant
who fires an employee because
18. of gender cannot escape liability merely because the defendant
happened to have other reasons that
could have motivated, but did not actually motivate, the termination.
Laughlin v. Bitterly (2015)
A plaintiff may establish that age was the “but for” cause of the
adverse employment action through
direct evidence, circumstantial evidence, or a combination of direct
and circumstantial evidence.
Dworkin v. Devanathan (2000)
Saying age must have been a “but for” cause is not the same as saying
that age must have been the
only factor with respect to the challenged decision. For example, if
half of a company’s employees
consistently arrive late to work but the employer only disciplines
employees who have blue eyes, eye
color was a “but for” cause of the discipline even though the
employees also would not have been
disciplined had they shown up for work on time.
Zapata v. Doolittle (1988)
In Midlands, employees are presumed to be “at will,” meaning they
can be terminated for no reason
or any reason not prohibited by law. MADA does not create a “for-
cause” requirement for firing
older workers, meaning that an employee over 40 is still an at-will
employee and can be fired even if
the employee did not engage in misconduct or violate one of the
employer’s policies. MADA does
19. not authorize courts or juries to impose liability for termination
decisions deemed unwise, foolish, or
even cruel. The question is not whether the employer made the best,
or even a sound, business decision; it is whether the real reason was
age discrimination.
Stebbins v. Rahimzada (1988)