Reference no: EM133308010
Case: Betty, storage clerk and a long term employee at PineApple's customer service center in San Jose, California was called into the security office to speak with investigators about 15 missing i-pads from the storage room. It was suspected that the i-pads were stolen, that it must have been an "inside job" by workers in the department. Betty agreed to answer questions during her shift at work and volunteered to provide a sworn written statement. Betty entered the room and sat down with her back to the door and heard the door close and the lock engage. After a 45 minute interrogation the investigators and her boss were convinced that Betty had something to do with the missing i-pads but still had no reliable evidence of such, just a mere gut feeling and suspicion. Finally, after an additional 3 hours of questioning Betty signed the sworn written statement denying any involvement and was free to go back to her office. When she got home from work, Betty called her best -friend and co-worker Angie who had heard the rumors that the company was accusing Betty the storage clerk stole the i-pads. Everyone thought it was outrageous how Betty was treated and basically accused of stealing the i-pads. She recommended that Betty speak with her friend, attorney, Will Cheatham. After a conference with him, Mr Cheatham filed suit against PineApple claiming that Betty was falsely Imprisoned by overzealous investigators and boss of PineApple by holding Betty against her will for over three hours. PineApple claims that Betty presented herself voluntarily and was always free to leave. Betty argued that she felt that if she did not cooperate and tried to leave that she would have been fired.
Explain the rights and liabilities of the parties in this lawsuit. Present the best arguments for both sides Betty and PineApple. Who will prevail? Use any case law that is relevant to resolve and support your position.
Mary and Joseph who recently purchased their new home contracted with a carpenter named Jesse to re-model their 19th century small cottage on the outskirts of town. Jesse begins the expansion the one-bedroom house and is half way finished, when Jesse finds in the attic on one of the roofs beams a precious stone that seems to have been there for many years as result of the layers of dust on it. Jesse polishes the stone and finds out that it is a 5-carat diamond worth over one million dollars. Mary and Joseph ask Jesse to give it to them since it was in the cottage they bought. Jesse said, "Finders' keepers' losers' weepers." Mary and Joseph file suit to recover the stone from Jesse.
Discuss the legal principles involved and the position of the parties from a legal perspective. Using case law what will be the result of the suit?
Billy Joe who is an obnoxious Golden State Warriors fan is drinking at the local pub on the San Antonio Riverwalk. After drinking a few brews, he gets the courage to get into the face of Juan Spurs fan's face and proceeds to tell him that the Spurs are nothing to the Warriors and they are their Bit**! "We are going to kick your butt!" Enraged by the comments and insults, Juan attacks Billy Joe and Billy Joe, fearful of getting hurt, tries to stop him but is unable to stop Juan from breaking a bottle of Dos XX's over Billy Joe's head causing a large wound on his scalp. Juan pushes the drunk and injured Billy Joe into a closet and locks the door. Juan quickly flees the bar and takes Billy Joe's scooter to get away. After four hours one of the waiters looking for a broom opened the closet to find a passed-out Billy Joe. Not believing it was serious, Billy Joe wakes up and places his dirty, dusty blue and yellow fan towel on the wound to stop the bleeding. After one week, Billy Joe still felt dizzy and sore. Upon going to see a medical doctor, one month later, it was determined, that the rag Billy Joe was using on his wound and the piece of glass from the bottle that was lodged in his head had caused an infection bigger than the "State of Texas!" It required surgery to remove the glass and infected areas. Because the infection, produced by the rag and shard of glass, Billy Joe suffered an impairment of his motor skills particularly his speaking skills. He can no longer pronounce words clearly like "warriors." Remembering that Juan "the Spurs fan" was the one who broke the bottle over his head, Billy Joe visits you at your law office for advice in filing suit against Juan for his injuries and other claims.
What causes of action in tort does Billy Joe have against Juan? What damages if any is Billy Joe likely to recover? What defenses if any does Juan have against Billy Joe?
Please provide all elements for the causes of action and discuss case law concerning the legal analysis to support your conclusions.