Question
Need to provide insights and responses to the discussion topics. Questions that need to be answered Facts Your client is the plaintiff in a workers'
Need to provide insights and responses to the discussion topics.
Questions that need to be answered
Facts
Your client is the plaintiff in a workers' compensation case. She was injured in 2008 in state A. In 2010, her employer destroyed all the business records relating to the client. The destruction of the records was apparently accidental, not intentional. They were destroyed, however, while the client's workers' compensation claim was pending.
Issue
Whether there was "wrongful destruction of business records"
Authority
Idle v. City Co.- a 1995 decision by the highest court of state A in which the court created a cause of action in tort for the wrongful destruction of business records. The court ruled that a cause of action exists if the records were destroyed in anticipation of or while a workers' compensation claim was pending. The court also held that a cause of action exists if the destruction was intentional or accidental.
State A statute that provides the elements for bringing a cause of action for wrongful destruction of business records.
A law dictionary that is nationally recognized that defines wrongful destruction of business records.
US federal act, which is constitutional under the US Constitution, that provides the elements for wrongful destruction of business records with all of those elements inconsistent with the aforementioned State Astatute.
Needs to be addressed these points below:
Which is primary authority?
Which is secondary authority?
Which is enacted law?
Which is common law?
Is there any issue involving the supremacy clause? If so, which is valid and which is invalid authority?
Which is mandatory authority?
Which is persuasive authority?
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