The memorandum discusses the principle of quantum meruit as it applies to an attorney's right to compensation after being discharged from a case. McDonald and Fontana represented Ida Ipana in a personal injury suit against Shipley Supermarket but were subsequently discharged. Quantum meruit allows an attorney to recover the reasonable value of services rendered to prevent unjust enrichment. Relevant Illinois statutes and case law establish that McDonald and Fontana would likely be entitled to a percentage of any recovery or could place a lien on the case until their fees are resolved.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample motion for consolidation in unlawful detainer (eviction) in California LegalDocsPro
This sample motion for consolidation in an unlawful detainer (eviction) in California is filed pursuant to Code of Civil Procedure sections 1048(a) and 1177 and is used by a defendant in an eviction proceeding who wants to request consolidation of the eviction case with another case involving title to the real property such as a fraud or quiet title action on the grounds that the two cases are related and that determination of complex title issues should not be decided in a summary proceeding as that would unfairly prejudice the defendant. The sample is designed to be used by a defendant in an eviction after a foreclosure but can also be easily modified for use in situations such as where the defendant in the eviction case is asserting an interest in the real property. The sample on which this preview is based is 27 pages and includes brief instructions, a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service and proposed order granting motion for consolidation. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample California motion to enforce settlement agreementLegalDocsPro
This sample motion to enforce settlement agreement in California is made under Code of Civil Procedure Section 664.6 and is used when the parties have entered into a settlement agreement but one party has not complied with the terms of the settlement agreement. The motion requests that the Court enter judgment pursuant to the terms of the settlement agreement. The motion includes a memorandum of points and authorities with citations to case law and statutory authority, and a sample declaration. This is a preview of the sample motion sold by LegalDocsPro.
Sample California motion to compel further responses to special interrogatoriesLegalDocsPro
This sample California motion to compel further responses to special interrogatories is made pursuant to Code of Civil Procedure Section 2030.300 and is used when a party has served special interrogatories but the responses received are evasive or incomplete, or the objections are without merit or are too general. The sample could easily be modified to apply to form interrogatories as well. The sample on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a separate statement as required by Rule of Court 3.1345, a sample declaration and a proof of service by mail.
Sample motion to suppress evidence for CaliforniaLegalDocsPro
This sample motion to suppress evidence for California is made pursuant to Penal Code § 1538.5 to suppress evidence on the grounds that the evidence obtained was the result of a search and seizure conducted without a valid search warrant or probable cause, and without defendant’s consent. The sample document on which this preview is based is 9 pages and includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration and proof of service by mail.
Sample motion for consolidation in unlawful detainer (eviction) in California LegalDocsPro
This sample motion for consolidation in an unlawful detainer (eviction) in California is filed pursuant to Code of Civil Procedure sections 1048(a) and 1177 and is used by a defendant in an eviction proceeding who wants to request consolidation of the eviction case with another case involving title to the real property such as a fraud or quiet title action on the grounds that the two cases are related and that determination of complex title issues should not be decided in a summary proceeding as that would unfairly prejudice the defendant. The sample is designed to be used by a defendant in an eviction after a foreclosure but can also be easily modified for use in situations such as where the defendant in the eviction case is asserting an interest in the real property. The sample on which this preview is based is 27 pages and includes brief instructions, a table of contents and table of authorities, memorandum of points and authorities with citations to case law and statutory authority, sample declaration, proof of service and proposed order granting motion for consolidation. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 250 sample legal documents for sale.
Sample California demurrer to complaint for breach of contractLegalDocsPro
This sample California demurrer to a complaint for breach of contract and common counts is made on the grounds that the causes of action fail to state sufficient facts as it cannot be ascertained whether any contract was written, oral or implied by conduct, no contract is attached and on other grounds as well. This is a preview of the 12 page sample sold on scribd.com by LegalDocsPro which includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail.
Sample California motion to strike answer LegalDocsPro
This sample motion to strike an answer to a complaint for California is made pursuant to Sections 435-437 of the Code of Civil Procedure. The sample requests that the entire answer be stricken as it is not verified, or in the alternative that all of the affirmative defenses contained in the answer should be stricken as they contain only immaterial allegations. The sample contains brief instructions, a memorandum of points and authorities and a proof of service by mail.
Sample California motion to enforce settlement agreementLegalDocsPro
This sample motion to enforce settlement agreement in California is made under Code of Civil Procedure Section 664.6 and is used when the parties have entered into a settlement agreement but one party has not complied with the terms of the settlement agreement. The motion requests that the Court enter judgment pursuant to the terms of the settlement agreement. The motion includes a memorandum of points and authorities with citations to case law and statutory authority, and a sample declaration. This is a preview of the sample motion sold by LegalDocsPro.
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
This sample Plaintiffs opposition to a motion for judgment on the pleadings in California is filed on the grounds that (1) the complaint does state valid causes of action and (2) that Defendants demurrer is without merit. The sample opposition on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Sample opposition to rule 56 motion in united states district courtLegalDocsPro
This sample opposition to a Rule 56 Motion for Summary Judgment in United States District Court is used by a party who wishes to oppose the motion on the grounds that triable issues of material fact exist. The sample includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, and a separate statement of undisputed material facts. This is a preview of the sample sold by LegalDocsPro.
Sample motion for leave to amend answer in CaliforniaLegalDocsPro
This sample motion for leave to amend an Answer in California is filed pursuant to Code of Civil Procedure sections 473(a) and 576 on the grounds that allowing an amended Answer to be filed would further the interests of justice. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample motion to strike punitive damages in californiaLegalDocsPro
This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Motion to enforce settlement agreement in California articleLegalDocsPro
A motion to enforce a settlement agreement in California under Code of Civil Procedure sectoin 664.6 is the topic of this article.
A motion to enforce a settlement agreement is made under Code of Civil Procedure § 664.6 and is filed by a party seeking to enforce a settlement agreement entered into in any pending litigation in California.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
This sample request for entry of default under Rule 55(a) in United States District Court is filed pursuant to Rule 55(a) of the Federal Rules of Civil Procedure to request that the clerk enter the default of a defendant or defendants that have been properly served and have failed to plead or otherwise respond within the time limit allowed under Rule 12 of the Federal Rules of Civil Procedure. The sample is 6 pages and includes brief instructions, a sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion to strike alter ego allegations in californiaLegalDocsPro
This sample motion to strike alter ego allegations in a California complaint is designed to be used by a defendant to request that the court strike the alter ego allegations in a complaint or cross-complaint on the grounds that the alter ego allegations which appear through the complaint are factually devoid and in fact are merely generic boilerplate allegations which are insufficient to support an alter ego claim, and the entire complaint be stricken as it is a sham complaint that was only filed to only filed to exert pressure on the defendant by attempting to impose personal liability on them to extract a settlement, or in the alternative an order striking the other specified portions of the complaint including on the grounds that the plaintiff has failed to allege sufficient facts to entitle them to an award of punitive and exemplary damages and the complaint requests attorney’s fees even though the allegations of the complaint do not support an award of attorney’s fees. The sample motion on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This a sample offer to compromise or also known as a 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california demurrer to fraud complaintLegalDocsPro
This sample California demurrer to a fraud complaint is made under Code of Civil Procedure section 430.10(e) on the grounds that the fraud cause of action fails to state facts sufficient to constitute a cause of action for fraud in that it does not meet the particularity requirements for a fraud cause of action.
The sample on which this preview is based is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample is sold on scribd.com by LegalDocsPro.
Sample request for judicial notice in United States District CourtLegalDocsPro
This sample request for judicial notice in United States District Court is pursuant to Rule 201 of the Federal Rules of Evidence and requests that the court judicial notice of certain specified adjudicative facts. The sample is available for free download in Microsoft Word format, includes brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california complaint for real estate fraud against seller, broker and ...LegalDocsPro
This sample California complaint for real estate fraud contains causes of action for breach of contract, failure to disclose in a Real Estate Transfer Disclosure Statement and fraud by concealment. The sample names the seller, broker and agent as defendants and includes brief instructions.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Sample Notice of Errata for California LegalDocsPro
This sample notice of errata for California is used to correct minor errors or omissions in declarations, motions, or other pleadings such as the late submission of a missing page or a replacement page made necessary by a glitch in photocopying. The sample includes brief instructions and a proof of service. The author is a virtual litigation paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
New York Appeals Court Sustains Asbestos Plaintiff's Direct Suit Against Liab...NationalUnderwriter
New York Appeals Court Sustains Asbestos Plaintiff's Direct Suit Against Liability Insurer of Dissolved Corporate Defendant. Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department – under certain circumstances. The court’s decision came in cases under In re New York City Asbestos Litigation, et al.[1]
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Sample plaintiffs opposition to motion for judgment on the pleadings in Calif...LegalDocsPro
This sample Plaintiffs opposition to a motion for judgment on the pleadings in California is filed on the grounds that (1) the complaint does state valid causes of action and (2) that Defendants demurrer is without merit. The sample opposition on which this preview is based is 9 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample California complaint for breach of contract and common countsLegalDocsPro
This sample California complaint for breach of contract also includes causes of action for common counts including open book account, account stated and goods sold and delivered. The sample on which this preview is based is 6 pages and includes brief instructions. The sample document is sold on scribd.com by LegalDocsPro.
Sample opposition to rule 56 motion in united states district courtLegalDocsPro
This sample opposition to a Rule 56 Motion for Summary Judgment in United States District Court is used by a party who wishes to oppose the motion on the grounds that triable issues of material fact exist. The sample includes a memorandum of points and authorities with citations to case law and statutory authority, a sample declaration, and a separate statement of undisputed material facts. This is a preview of the sample sold by LegalDocsPro.
Sample motion for leave to amend answer in CaliforniaLegalDocsPro
This sample motion for leave to amend an Answer in California is filed pursuant to Code of Civil Procedure sections 473(a) and 576 on the grounds that allowing an amended Answer to be filed would further the interests of justice. The sample on which this preview is based is 12 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail.
Sample motion to strike punitive damages in californiaLegalDocsPro
This sample motion to strike punitive damages allegations in California is used when the complaint includes only boilerplate and conclusory allegations in support of a request for punitive damages and/or improperly states the amount of punitive damages that are sought. The sample on which this preview is based is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail. The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
Motion to enforce settlement agreement in California articleLegalDocsPro
A motion to enforce a settlement agreement in California under Code of Civil Procedure sectoin 664.6 is the topic of this article.
A motion to enforce a settlement agreement is made under Code of Civil Procedure § 664.6 and is filed by a party seeking to enforce a settlement agreement entered into in any pending litigation in California.
Sample California complaint for fraud against unlicensed contractorLegalDocsPro
This sample California complaint against an unlicensed contractor contains causes of action for the return of all money paid to the unlicensed contractor, fraud and negligence. It also requests additional damages under CCP Section 1029.8 as well as exemplary and punitive damages. It can be modified for use in any California case where fraud is a cause of action. This is a preview of the sample complaint sold by LegalDocsPro.
Sample California motion to strike complaintLegalDocsPro
This sample motion to strike portions of a complaint for California was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years.
Sample request for entry of default under rule 55(a) in United States Distric...LegalDocsPro
This sample request for entry of default under Rule 55(a) in United States District Court is filed pursuant to Rule 55(a) of the Federal Rules of Civil Procedure to request that the clerk enter the default of a defendant or defendants that have been properly served and have failed to plead or otherwise respond within the time limit allowed under Rule 12 of the Federal Rules of Civil Procedure. The sample is 6 pages and includes brief instructions, a sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample motion to strike alter ego allegations in californiaLegalDocsPro
This sample motion to strike alter ego allegations in a California complaint is designed to be used by a defendant to request that the court strike the alter ego allegations in a complaint or cross-complaint on the grounds that the alter ego allegations which appear through the complaint are factually devoid and in fact are merely generic boilerplate allegations which are insufficient to support an alter ego claim, and the entire complaint be stricken as it is a sham complaint that was only filed to only filed to exert pressure on the defendant by attempting to impose personal liability on them to extract a settlement, or in the alternative an order striking the other specified portions of the complaint including on the grounds that the plaintiff has failed to allege sufficient facts to entitle them to an award of punitive and exemplary damages and the complaint requests attorney’s fees even though the allegations of the complaint do not support an award of attorney’s fees. The sample motion on which this preview is based is 16 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This a sample offer to compromise or also known as a 998 offer for California is pursuant to Section 998 of the Code of Civil Procedure. This sample is used when a defendant wants to make an offer to compromise to the plaintiff. It can be adapted for use by a plaintiff who wishes to make an offer to compromise to a defendant.
The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california demurrer to fraud complaintLegalDocsPro
This sample California demurrer to a fraud complaint is made under Code of Civil Procedure section 430.10(e) on the grounds that the fraud cause of action fails to state facts sufficient to constitute a cause of action for fraud in that it does not meet the particularity requirements for a fraud cause of action.
The sample on which this preview is based is 10 pages and includes a memorandum of points and authorities with citations to case law and statutory authority and a proof of service by mail. The sample is sold on scribd.com by LegalDocsPro.
Sample request for judicial notice in United States District CourtLegalDocsPro
This sample request for judicial notice in United States District Court is pursuant to Rule 201 of the Federal Rules of Evidence and requests that the court judicial notice of certain specified adjudicative facts. The sample is available for free download in Microsoft Word format, includes brief instructions and can be easily modified. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
Sample california complaint for real estate fraud against seller, broker and ...LegalDocsPro
This sample California complaint for real estate fraud contains causes of action for breach of contract, failure to disclose in a Real Estate Transfer Disclosure Statement and fraud by concealment. The sample names the seller, broker and agent as defendants and includes brief instructions.
Mock answer and counterclaim of Ms. Geiger who allegedly rear-ended the plaintiff on I-540 by following too closely but alleges that the collision was the result of the plaintiff's proximate negligence.
Sample Notice of Errata for California LegalDocsPro
This sample notice of errata for California is used to correct minor errors or omissions in declarations, motions, or other pleadings such as the late submission of a missing page or a replacement page made necessary by a glitch in photocopying. The sample includes brief instructions and a proof of service. The author is a virtual litigation paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
New York Appeals Court Sustains Asbestos Plaintiff's Direct Suit Against Liab...NationalUnderwriter
New York Appeals Court Sustains Asbestos Plaintiff's Direct Suit Against Liability Insurer of Dissolved Corporate Defendant. Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department – under certain circumstances. The court’s decision came in cases under In re New York City Asbestos Litigation, et al.[1]
Choose one of the options below for discussion. Be sure to elabora.docxrusselldayna
Choose one of the options below for discussion. Be sure to elaborate and explain. I choose p>81
Waffles and Workers’ Rights (EEOC v. Waffle House, p. 81)
Read about arbitration law in Chapter 4 and Case 4-3 in your textbook, and do some online research on the U.S. Equal Employment Opportunity Commission (EEOC). Then discuss the following:
What is the EEOC’s role in regard to business? Does the court say that the EEOC trumps the arbitration contract between the employee and the employer? If so, why? What are the pros and cons of arbitration agreements? Do you think arbitration agreements between big companies and low wage earners who are uninformed about the law are truly fair? If you have any experiences at work with discrimination policies or EEOC trainings, share those experiences.
Dogs and Dream Therapists (Hagen v. Field, pp. 65 (question 7), and Jones v. Williams, p. 43 (question 9)
P65
The plaintiff, a Texas resident, and the defendants, Colorado residents, were cat breeders who met at a cat show in Colorado. Subsequently, the plaintiff sent two cats to the defendants in Colorado for breeding and sent a third cat to them to be sold. A dispute over the return of the two breeding cats arose, and the plaintiff filed suit against the defendants in Texas. The defendants alleged that the Texas court lacked personal jurisdiction over them because they did not have minimum contacts within the state of Texas.
Read both cases and discuss legal issues for the court, focusing on in each. Summarize what factors the court looks at in determining where a case can be brought. What was the decision in each case, and do you think the decision was correct? Why or why not?
ASE
4-3 p81
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WAFFLE HOUSE, INC.
UNITED STATES SUPREME COURT 534 U.S. 279 (2002)
All employees of Waffle House had to sign an agreement requiring employment disputes to be settled by binding arbitration. After Eric Baker suffered a seizure and was fired by Waffle House, he filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC) alleging that his discharge violated the Americans with Disabilities Act of 1990 (ADA) under Title VII. The EEOC subsequently filed an enforcement suit, to which Baker was not a party, alleging that Waffle House's employment practices, including Baker's discharge “because of his disability,” violated the ADA. The EEOC sought the following: an injunction to “eradicate the effects of [Waffle House's] past and present unlawful employment practices”; specific relief designed to make Baker whole, including back pay, reinstatement, and compensatory damages; and punitive damages.
Waffle House sought to dismiss the EEOC's suit and compel arbitration because of the binding arbitration clause signed by Baker. The District Court denied Waffle House's motion to dismiss. The Fourth Circuit agreed with the District Court that the arbitration agreement between Baker and Waffle House did not foreclose ...
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Da...NationalUnderwriter
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case. (from FC&S Legal: The Insurance Coverage Law Information Center)
Recently, Division One of the Court of Appeals of Washington State affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant
judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award.
In Miller v. Kenny and Safeco Ins. Co.,[1] the Court of Appeals ruled on several additional issues on appeal including whether evidence of an insurance company’s loss reserves is properly admissible at trial.
Is the Concepcion Case a Pandora's Box for Class Arbitration?Shahram Shirkhani
Class arbitration is when a group of plaintiffs join together as claimants against an entity. This will happen more commonly when a group of consumers is affected by a defective product that may cause some type of loss to an individual. Know the Concepcion Case.
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Under the Right Circumstances, an Insured Entitled to "Independent Counsel" in California Can Retain More Than One Firm
by Carey B. Moorehead
In a case of first impression, a California district court has ruled that California law does not preclude an insured from
retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of
rights. The court’s ruling came in the case of Signal Products v. American Zurich Insurance Company, et al.
The Signal Products court was called upon to interpret California Civil Code §2860 in the context of cross-motions for summary judgment between American Zurich Insurance Company and its insured Signal Products, Inc., the defendant in a trademark infringement action. Zurich had agreed to defend Signal under reservation of rights and consented to Signal’s retention of independent counsel.
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1. To: Supervising Attorney
From: Research Assistant Michael Currie
Date: 9/19/2016
In Re: Ipana Case and Quantum Meruit
MEMORANDUM OF LAW
The principle of quantum meruit revolves around fair compensation for services
rendered, especially when an individual may become unjustly enriched by those services. With
roots in contract law, this principle can be applied to many facets of law where one provides
legal services. The focus of this memorandum is on the use of a contingency agreement between
an attorney and a client. The contingency agreement is based on the recovery of the client,
meaning that the attorney agrees to bear a loss if there is no recovery and the client agrees to pay
the attorney a certain percentage of the award if there is recovery in the case. This agreement can
pose difficulties for attorneys and legal professionals who provide services to clients and are
subsequently discharged without adequate compensation. This memorandum will discuss the
rules of quantum meruit in Illinois, highlighting relevant statutory and case law.
FACTS
The current case at hand is a personal injury case in which the plaintiff named Ida
Ipana brings suit against Shipley Supermarket Inc. for injuries sustained during a slip and fall
accident. Ipana is suing for negligence, under the premise that the spill was the direct cause of
her fall which resulted in serious and potentially permanent injuries to the head, back, and limbs.
Initially, Mrs. Ipana hired the law office of McDonald and Fontana to handle the case. Mrs.
2. Ipana subsequently discharged McDonald and Fontana from the case and is looking for our
services in pursing her negligence case against Shipley supermarket Inc.
According to the client files, the law office of McDonald and Fontana did
substantial work on the Ipana case including drafting and filing the complaint and answering
interrogatories directed at Mrs. Ipana. McDonald and Fontana also recovered the accident bill
and report from Dr. Claudia Grossman including a report of previous treatment from a skiing
accident Mrs. Ipana suffered four years prior. A client intake form was also completed, which
details the accidents and the injuries sustained as a result of the accident.
ISSUE
The problem that arises in this scenario is created by the crossing of the client’s
freedom to discharge an attorney with the attorney’s right to fair and just compensation for
services rendered. The principle was created out of a need for fairness paired with the need for
job security. In most situations, an attorney that does substantial work on a case and then is
discharged by the client with or without cause does have a right to a certain amount of the
recovery from that case. The question at hand is how much of the recovery is a previous attorney
entitled to under the principle of quantum meruit? Relevant statutes and case law in Illinois seeks
to address this question by creating law through both legislation and precedent.
RULE
The main statutory rule in Illinois as it relates to the concept of Quantum Meruit and
attorney’s fees is found in the Illinois Compiled Statutes. The Attorney’s lien for fees;
enforcement reads “Attorneys at law shall have a lien upon all claims, demands and causes of
action, including all claims for unliquidated damages, which may be placed in their hands by
their clients for suit or collection, or upon which suit or action has been instituted, for the amount
3. of any fee which may have been agreed upon by and between such attorneys and their clients, or,
in the absence of such agreement, for a reasonable fee, for the services of such suits, claims,
demands or causes of action, plus costs and expenses.” 770 ILCS 5/1 (West 2016). This statute
gives authority to the courts to enforce a discharged attorney’s lien and lays the foundation for
the principle of quantum meruit.
There is applicable case law from the first district appellate court in Illinois that
address this issue. A relevant case involves a mother filing suit for her minor son as an indigent,
following the services rendered by the attorney. The court ruled that the attorney was able to
recover a third of the recovery of the plaintiff, even after prior discharge. The court stated “The
Attorney's Lien Act provides that the attorney shall have a lien “for the amount of any fee which
may have been agreed upon by and between such attorneys and their clients,” or, in the absence
of such agreement, for a reasonable fee, for the services of such attorneys rendered or to be
rendered.” Caruso v. Pelling 271 Ill.App. 318, 324 (1st
Dist. Ill. 1933).
A second relevant case also comes from the first district. This case illustrates how
the trial court did not err in awarding contingency fees to a previously discharged attorney. The
court used the quantum meruit principle to award a percentage of the recovery to the previous
attorney handling the case. The court stated “The trial court did not award attorney fees based
upon a percentage of work performed by each attorney. Here, the trial court employed the
exception to the general rule that a discharged attorney receives fees for services rendered prior
to discharge based upon a quantum meruit basis.” DeLapaz v. SelectBuild Const., Inc., 394 Ill.
App. 3d 969, 976, 917 N.E.2d 93, (1st
Dist. Ill. 2009).
A third relevant case from the first district deals with this issue in a similar way. This
court ruled that an attorney employed on a contingent fee contract that was discharged without
4. fault, is not entitled to full compensation of the contract but is limited to quantum meruit
recovery. The case states “Where an attorney enters a case knowing of the contractual rights of a
previously retained attorney and that the rights of a minor are involved, it is against public policy
to allow the second attorney to enforce his fee contract fully and especially when he was not the
attorney who achieved the settlement.” Johnson v. Long, 15 Ill. App. 3d 506, 508, 305 N.E.2d 30,
31 (1st
Dist. Ill. 1973).
A secondary source that may be helpful in understanding the rules of quantum meruit
can be found in the Trial Handbook for Illinois Lawyers. The handbook states that “To recover
under a quantum meruit theory, the plaintiff must prove that: (1) he performed a service to
benefit the defendant; (2) he did not perform this service gratuitously; (3) the defendant accepted
this service; and (4) no contract existed to prescribe payment for this service” 2 Trial Handbook
for Illinois Lawyers - Civil § 69:46 (8th ed. West 2016). The handbook also states “Quantum
meruit” is an equitable theory under which a party can obtain restitution for the unjust
enrichment of the other party, and it is often pleaded as an alternative to a breach of contract
claim so that the plaintiff can recover the value of its work even if the trial court finds that the
plaintiff cannot recover under the contract.” Id page 1.
ANALYSIS
In analyzing the mentioned cases and statutes and comparing them to the situation at
hand, it is clear that the theory of Quantum Meruit is applicable to the Ipana case. There is solid
case law on the matter which has a strong tendency to enforce the principle of quantum meruit.
Since substantial work was done on this case by the law office of McDonald and Fontana, that
office would likely be able to enforce a previous contract and earn a percentage of the recovery.
If there was no initial contract between the two parties, the law office of McDonald and Fontana
5. would likely be able to recover a reasonable amount of services rendered, as determined by the
courts. Since it is clear that McDonald and Fontana drafted and filed the complaint, responded to
interrogatories and recovered medical bills and documents, they would be entitled to retain a
percentage of the recovery or place a lien on the recovery until the dispute is resolved.
CONCLUSION
In conclusion, the principle of quantum meruit can be used by an attorney to obtain
just compensation for legal services rendered to a client. In the case at hand, the law offices of
McDonald and Fontana would have high probability of proving the elements found in the trial
handbook for Illinois lawyers. These elements are guidelines for making a quantum meruit
argument. Furthermore, there is consistent case law on the matter that points to enforcing the
principles of fair and just compensation as it pertains to discharged attorneys. It is likely that the
law office of McDonald and Fontana would pursue a contract action on the matter and plead
quantum meruit in the alternative. It is recommended that a consultation take place between the
parties involved to reach an agreement before this case is accepted.