Question
the Names of the Litigants and a Very Brief Story of the Case Introduction: Integration of Wesleyan Theology Important Legal Jargon for Case Brief Story
the Names of the Litigants and a Very Brief Story of the Case
Introduction: Integration of Wesleyan Theology Important Legal Jargon for Case Brief Story of the Case The Issue(s) to be Determined Body: Our Group's Legal Position Conclusion: Final summary Concluding thoughts Related material
"We believe in the fall of Adam and Eve and the consequent sinful nature of all humanity which necessitates a divine atonement. We believe in Jesus Christ as truly God and truly man, and in His virgin birth, His matchless teachings, His vicarious death, His bodily resurrection, and His promised second coming." The definition of injunction "isa court order requiring a person to do or cease doing a specific action."
When someone is held in civil contempt of court, it allows for "the possibility of jail time for otherwise entirely civil matters...In other words, thecontemnor is punished for only so long as they refuse to perform the action required of them by the court."
When there is an order to show cause (O.S.C.) there is "a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief."
"In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered."
The lodestar calculation method is used" to determine attorney fees for a prevailing party. The loadstar is calculated bymultiplying the reasonable number of hours by a reasonable hourly rate."
"Litigation refers to the process of resolving disputes by filing or answering acomplaint through the public court system."
"Complainant isa party who initiates a lawsuit in a court of law or an administrative proceeding. "
An opinion is a written "explanation or analysis of the reasoning behind" a court decision.
"A summary judgment isa decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court."
Approved summary judgment against Whitchurch for the claims of defamation and "tortious interference with existing and prospective business relationships"
Approved summary judgment against Whitchurch for the claims of breaching contract and "misappropriation of trade secrets under the Delaware Uniform Trade Secrets Act"
In favor of Whitchurch in a summary judgement for the plaintiff's claims of "violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961-1968; abuse of process; conversion; fraud; certain breach of contract claims; and civil conspiracy".
Using a non-jury trial, the court decided in favor of Vizant "in the amount of $2,256,427.12 for compensatory damages, attorneys' fees, and costs... It entered judgment against Whitchurch and in favor of Bizzarro in the amount of $500,000 in damages."
Approved summary judgment against Whitchurch for the claims of defamation and "tortious interference with existing and prospective business relationships" (on January 8, 2016)
Defamatory claims under Pennsylvania law can be found inSection 8343 - Title 42 - Judiciary and Judicial Procedure, of the Pennsylvania Consolidated Statutes by Pennsylvania General Assembly.
Plaintiffs have to prove:
- That it is defamatory language.
- It is clearly coming from the defendant.
- The understanding by recipients of the meaning of the defamatory speech.
- The understanding by recipients that it is applied to specifically the plaintiff.
- Harm resulted from the speech.
- The statements made were false. -
- Approved summary judgment against Whitchurch for the claims of breaching contract and "misappropriation of trade secrets under the Delaware Uniform Trade Secrets Act" (on January 8, 2016)
According to this act, "Trade secret" shall mean information, including a formula, pattern, compilation, program, device, method, technique or process, that:
- "Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
- Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."--------------------------------------In favor of Whitchurch in a summary judgement for the plaintiff's claims of "violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961-1968; abuse of process; conversion; fraud; certain breach of contract claims; and civil conspiracy". (on January 8, 2016)
- The plaintiffs withdrew their claim in this instance "under the Delaware Uniform Trade Secret Act".
Therefore the court decision made is irrelevant, reference 246 Pa. Code 320.
Using a non-jury trial, the court decided in favor of Vizant "in the amount of $2,256,427.12 for compensatory damages, attorneys' fees, and costs... It entered judgment against Whitchurch and in favor of Bizzarro in the amount of $500,000 in damages." (on January 8, 2016)
Compensatory damages, also known as actual damages, under tort law "are damages awarded by a court equivalent to the loss a party suffered" (Cornell Law School).
"In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases... damages may be awarded as the jury shall deem proper." Title 42 Chapter 83 Subchapter D, of the Pennsylvania Consolidated Statutes by the PA General Assembly.
"The court found that Whitchurch is in contempt of the permanent injunction and imposed monetary civil contempt sanctions upon her until she purges herself of contempt. (Doc. # 315). Thus, Vizant and Bizzarro are 'prevailing parties' in this action...
In sum, we will award Vizant and Bizzarro attorneys' fees in the amount of $4,319 and costs in the amount of $1.99, for a total award to Vizant and Bizzarro of $4,320.99."
Our Opinion: We agree with the court's calculations and decision.
the Names of the Litigants and a Very Brief Story of the Case
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