defense is for newsworthiness by media fraud is intentional tort and others can

Defense is for newsworthiness by media fraud is

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defense is for newsworthiness by media fraud is intentional tort and others can receive punitive in addition to compensatory damages Cases: Otis Engineering Corp V. Clark: o Matheson worked for Otis Corp and would drink on the job. Otis told him to go home one day and asked Matheson if he could make it home. Matheson said yes, but on the way home got in an accident and killed the wife of Clark. o Clark sued Otis for wrongful death action o District court dismissed suit, saying Matheson was not acting in scope of employment at time of accident o case goes to Intermediate court where the court believed because of the employee’s state, the employer had certain responsibility over its employee. It should have foreseen this kind of accident to happen o Clark won case Brown v. Philadelphia college of osteopathic medicine o Mrs. Brown and baby diagnosed with syphilis o Mrs. Brown asks Mr. brown if he’s been cheating. He says yes. Leads to stress in marriage. o Mrs. Brown sues hospital for negligence. o Mrs. Brown wins case o ^ was actually reversed in favor of PCOM Cole v. St. of LA dept of public safety and corrections o Cole was an officer participating in an “angry crowd exercise” as an inmate for another officer group acting as guards o Cole was hit with non padded batons and only had on a helmet, where in previous instances officers used padded batons and had the “inmates” in protective padding o Cole sued for battery, courts affirmed all the way up - even though the acts of the employees were not vicious, they were harmful and done with intent GTE Southwest v. Bruce o Bruce and two other employees sued GTE for emotional distress caused by their supervisor
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o Employees had continuously made reports, with no action from GTE o Trial court found for employees, GTE appealed o affirmed Milliken v Jacono o Defendant sold house to plaintiff without telling them that a murder- suicide happened there, so plaintiff sued saying the failure to disclose breached Real Estate Disclosure law and was common fraud o Defendant filed MSJ and was granted, plaintiff appealed o Court affirmed trial court’s decision to grant MSJ Speakers of Sport Inc, v Proserv Inc o Both are sports agent firms, player started at Speakers but left for Proserv after he was told he would make more o After a year it was not true and player left Proserv o Speakers sued Proserv stating that their promise of endorsements made the player leave Speakers, trial court found for Proserv, Speakers appealed o Court affirmed, stated only unlawful means would by Proserv have made Speakers won Unit 5: Product Liability Uniform Commercial Code (UCC) = Set of rules created by people that were not members of congress or state legislatures.
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  • Spring '08
  • BREDESON
  • Law, Government, Supreme Court of the United States, U.S Supreme court

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