Nobody downloaded yet

Lawsuite against Target- court cases - Essay Example

Comments (0) Cite this document
His friend had purchased a Huffy bicycle from Target, but while in Utah six days later, Kabish suffered serious injuries while riding the…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.8% of users find it useful
Lawsuite against Target- court cases
Read TextPreview

Extract of sample "Lawsuite against Target- court cases"

Download file to see previous pages unds that the charges against it could be dismissed because it was only a nominal defendant, exerting no significant control over the design and manufacture of a defective product. However Tabish filed a motion to remand the case to the Hannepin County District Court.
The decision in this case was in support of the Plaintiff. The Court held that Target’s argument that it was a non-manufacturer defendant and therefore entitled to dismissal of the charges against it, would not hold good because Tabish had also filed for damages against implied warranties of fitness and mercantibility. Dismissal is required only in cases where the suit is filed on the basis of only strict liability claims. As a result, the ruling of the Court effectively held that the charges against Target would not be dismissed and Target remained a viable defendant rather than a nominal party and Tabish was entitled to seek relief from Target.
Kenneth Tabish, Plaintiff, v. Target Corporation, Huffy Corporation, Impact Resource Group, Inc., National Product Services Acquisition Corporation, and John Does I-X, Defendants.Civ. No. 07-2303 (RHK/JSM)
CORE TERMS: bicycle, removal, nominal, amount in controversy, manufacturer, strict-liability, in-state, defective product, subject to dismissal, non-manufacturer, implied-warranty, contravened, diversity, removable, diversity jurisdiction, principal place of business, front
For Impact Resource Group, Inc., an Ohio Corporation, National Product Services Acquisition Corporation, a Delaware Corporation, Defendants: Jessica R Wymore , LEAD ATTORNEY, Stich, Angell, Kreidler & Dodge, P.A., Mpls, MN US.
Plaintiff Kenneth Tabish commenced this personal-injury action in Minnesota state court  [*2] against (among others) Huffy Corporation ("Huffy") and Target Corporation ("Target"), the manufacturer and distributor, respectively, of an allegedly defective bicycle. Target removed the action to this Court on May 15, 2007, asserting diversity jurisdiction. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Lawsuite against Target- court cases Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Lawsuite Against Target- Court Cases Essay Example | Topics and Well Written Essays - 500 Words)
“Lawsuite Against Target- Court Cases Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Lawsuite against Target- court cases

Supreme court cases

...? The case at bar has been a very controversial topic in courts. There are lots of concurring and dissenting opinions from different judges. The different states in the United States have given different decisions involving similar or the same set facts. In the case at bar, Mary and Susan were married in the state of Massachusetts where same sex marriage is allowed. Moving to Texas, their marriage was invalidated because it is against the Texas Ordinance. The issues presented in the present case is whether the marriage of Susan and Mary is invalid because it is against Texas Ordinance and whether or not fundamental rights of Susan and...
5 Pages(1250 words)Essay

American Law: Court Cases

...; such a situation will certainly infringe on the practice of religion as anything official will be given preference and even affect atheists who will be forced to accept the state religion as well. This was the sad experience before of the founding fathers and they wanted to avoid a repeat when religion has the sanction of the law. Conclusion The prayer in the Engel v. Vitale case by itself is relatively harmless but the fact it was mandated by the school board carries with it an indirect coercive power to join. It is worth noting that Madison warned against such experiments with fundamental liberties and it is necessary to sound an alarm right away (State Court Watch, n.d., p. 1); this...
4 Pages(1000 words)Essay

Supreme court cases

...on the case of Roe v. Wade with the opinion that the court erred in its decision. The case involved decision on legality of abortion based Texas laws that prohibited abortion. The court ruled against state law and explained that a woman has a right to abortion. The Supreme Court further stated that this right was constitutional, derived from two amendments of the United States’ constitution. “The Ninth and Fourteenth Amendments,” the court explained, provide for the right to “personal privacy,” and grants a woman the sole right to make decisions on reproductive issues (United States Confederation of Catholic Bishops 1)....
3 Pages(750 words)Essay

Supreme Court Cases in Education 1909. Its goal was to grant all minorities the rights of equal voting, schooling, and housing. It pounced on the opportunity to have a legal battle with the white dominated public schools of America. For years, the NAACP had attempted to stop this sinister way of life through court cases. Until Brown v. Board, the many attempts had proved unsuccessful. The head of the NAACP, Thurgood Marshall, figured that with Linda Carol Brown, they had the greatest possible chance of winning the court case and upsetting the former case, Plessy v. Ferguson. On February 28, 1951, Linda Brown, her father and the NAACP filed their lawsuit...
2 Pages(500 words)Essay

Terri Schiavo Court Cases

...To Live or Not To Live: The Terri Schiavo Debate Terri Schiavo became a household in the debates over right to die, as well as human rights. The fight was between her husband and her parents. Her husband wanted to remove his wife’s feeding tube, after years of her lying in a vegetative state. Her parents disagreed. Terri’s parents would have to go to court, because, legally, her husband was her next of kin and he had the ultimate say. The fight went well beyond this. Before it ended, it became a war between bioethics and law. Ultimately, the law won out. Yet, was this really the right choice? Many argue that it might have been, but then there were many arguments in this case. Not all of them were...
8 Pages(2000 words)Essay

New york state court decision cases

...that not one of the inmates came forward to testify that the defendant had anything to do with the incident. Hence, the prosecutor legitimately and correctly intimated the possibilities other than defendant’s innocence, which is mainly, the prospect of retaliation or adherence to the code of silence. Vintage, LLC v. Laws Construction Corp., et al. NY Reports, New York State Court of Appeals, 2009 FACTS This case stems from the suit made by Vintage against Westway Industries, Inc., Laws Construction Corp., and Westway Industries Inc./Laws Construction Corp., which is a joint venture for breach of contract. Gagne Development Company, Inc. intended to develop a golf course in the Bronx and...
6 Pages(1500 words)Essay

Court cases

...Ron Steele John Smith Legal Studies 500 22 August This paper will examine four different legal cases brought before the Supreme Court of the United States. Each of the cases is noteworthy for what can constitute the admissibility of expert evidence in court cases. First, I will examine the basic facts of each of the four cases, followed by a brief summary of the precedents each case set. Finally, I will look at how these precedents could affect either an accident investigation, or the work of an occupational safety and health professional in their course of work. The first case setting precedent...
2 Pages(500 words)Essay

Critically Acclaimed Supreme Court Cases

... Critically Acclaimed Supreme Court Cases Engel V Vitale This is one of the most critical cases in which the Supreme Court made it clear that voluntary prayer conducted in institutions is against the First Amendment rights. The case can relate back to 1951 in which the New York State Board passed a legislature which would require students to recite a prayer before school. The ideology was to promote spiritually amongst students. However, ten students rejected to follow this tradition and filed a law suit. The question remained; did the school snatch the right to have religious liberty from students by enforcing public prayer? Engel...
2 Pages(500 words)Essay

Supreme court cases

...the law recognized as Alien Statue in a civil case filed against companies that produce oil and were held responsible for being involved in the atrocities that took place during 1992 and 1995. Another major case that has been highlighted and is to be reviewed by the Supreme Court on tenth of October is Fisher v. University of Texas At Austin case, the case focuses upon racial discrimination in admission conducted at the undergraduate level. The case focuses on whether it is constitutionally acceptable to use such means while providing admission. The third major case is Florida v. Jardines and Florida...
2 Pages(500 words)Case Study

Current Supreme Court Cases

... held that where there is physical presence of co-tenants and one objects the police’s consent while the other agrees; the police have no option but to respect the objection. Justices Alito, Ginsburg, Kagan, Sotomayors and the Chief Justice were against were against any motions filed with Randolph case as the basis hence agreed with the final decision(Russell 1). However, Fernandez has four votes from Justices Breyer, Kennedy, Scalia and Karlin who supported the Randolph summary judgment with the argument that the police officers went against the law by first taking into custody the objecting party and coming back to obtain consent of other co-tenant. Nonetheless, the California Court of Appeal’s affirmations held that Fernandez... asked her...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Lawsuite against Target- court cases for FREE!

Contact Us