Toussaint Law 3220 EXAM ONE
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CASE: Davis v. Baugh Industrial Contractors, Inc.
• common law
• precedent = completion and acceptance doctrine (requires work to be completed
and owner to have accepted the work)
• summary judgement
• goes to supreme court
HELD: reversed & remanded; court rejected previous common law rules and
accepted a more modern approach
CASE: Lamson v. Crater Lake Motors
• "ethics v. law"
• Lamson fired because he didn't agree with un-ethical practices
- HELD: reversed; there was no wrongful discharge because Lamson was an
at-will employee
CASE: Davis v. West
• HRS sued Davis, but she did not respond to the summonsed complaint so the
judge entered default judgement
• trial court said summary judgement
- HELD: affirmed; no issue of fact
CASE: Blimka v. My Web Wholesaler LLC
• wired money to pay for tons of really cheap jeans
• sued for fraud (quality of jeans)
• default judgement (Idaho court has jurisdiction)
• defendant's actions of fraud invoked the long-arm statute
- HELD: affirmed; idaho has jurisdiction
CASE: Barbin v AstenJohnson inc
, • moved to exclude "expert witness" bc of "dubious credentials and his lack of
expertise with regard to dryer felts and paper mills"
• judge told jury to decide if he was an expert or not (judge is suppose to decide)
- HELD: reversed + remanded; judge errored
CASE: naples v. keystone building and development corp.
• "money damages"
• trial court only awarded half of the money it would take to fix the damages bc
"did not meet burden of proof"
- HELD: reversed + remanded; plaintiff can only get more money though
CASE: Pre-Paid Legal Services Inc v. Cahill
• became a senior rep at PPLSi and had access to see the top performers, so he
tried to poach them
• sign an agreement with PPLSi prohibiting the use of that info
- HELD: preliminary injunction ordered; PPLSi satisfied the 4 requirements
for injunction
CASE: Kelo v. City of New London, Connecticut
• city used power of eminent domain to buy waterfront property and sell to
developers
• issue: does the city's development plan serve a "public purpose"
- HELD: supreme court held; the takings satisfy the 5th amendment
requirement of "taking for a public purpose"
CASE: Hughes v. Oklahoma
• took minnows out of Oklahoma (against state law)
- HELD: supreme court reversed; state law in conflict with interstate
commerce (law should be less discriminatory to states)
CASE: Marshall v. Barlow
• OSHA inspector asks to search work areas & Barlow refused admission w/ out a
warrant
- HELD: inspector must get a warrant
expert witness
achieved through either education or experience (only experts can give an opinion in
court)
Questions and Answers Best rated A+
Guaranteed Success Latest Update
CASE: Davis v. Baugh Industrial Contractors, Inc.
• common law
• precedent = completion and acceptance doctrine (requires work to be completed
and owner to have accepted the work)
• summary judgement
• goes to supreme court
HELD: reversed & remanded; court rejected previous common law rules and
accepted a more modern approach
CASE: Lamson v. Crater Lake Motors
• "ethics v. law"
• Lamson fired because he didn't agree with un-ethical practices
- HELD: reversed; there was no wrongful discharge because Lamson was an
at-will employee
CASE: Davis v. West
• HRS sued Davis, but she did not respond to the summonsed complaint so the
judge entered default judgement
• trial court said summary judgement
- HELD: affirmed; no issue of fact
CASE: Blimka v. My Web Wholesaler LLC
• wired money to pay for tons of really cheap jeans
• sued for fraud (quality of jeans)
• default judgement (Idaho court has jurisdiction)
• defendant's actions of fraud invoked the long-arm statute
- HELD: affirmed; idaho has jurisdiction
CASE: Barbin v AstenJohnson inc
, • moved to exclude "expert witness" bc of "dubious credentials and his lack of
expertise with regard to dryer felts and paper mills"
• judge told jury to decide if he was an expert or not (judge is suppose to decide)
- HELD: reversed + remanded; judge errored
CASE: naples v. keystone building and development corp.
• "money damages"
• trial court only awarded half of the money it would take to fix the damages bc
"did not meet burden of proof"
- HELD: reversed + remanded; plaintiff can only get more money though
CASE: Pre-Paid Legal Services Inc v. Cahill
• became a senior rep at PPLSi and had access to see the top performers, so he
tried to poach them
• sign an agreement with PPLSi prohibiting the use of that info
- HELD: preliminary injunction ordered; PPLSi satisfied the 4 requirements
for injunction
CASE: Kelo v. City of New London, Connecticut
• city used power of eminent domain to buy waterfront property and sell to
developers
• issue: does the city's development plan serve a "public purpose"
- HELD: supreme court held; the takings satisfy the 5th amendment
requirement of "taking for a public purpose"
CASE: Hughes v. Oklahoma
• took minnows out of Oklahoma (against state law)
- HELD: supreme court reversed; state law in conflict with interstate
commerce (law should be less discriminatory to states)
CASE: Marshall v. Barlow
• OSHA inspector asks to search work areas & Barlow refused admission w/ out a
warrant
- HELD: inspector must get a warrant
expert witness
achieved through either education or experience (only experts can give an opinion in
court)
