...Article or Case Law Search Paper Maria January 27, 2014 HCS/430 The article that I have read and did my research for the article case law search is about a hospital in New York will have to pay $2.3 million dollars for overbilling the Medicaid program. Two Westchester County Hospital had overbilled the Medicaid program of $70 million dollars by improperly approving home care for Medicaid patients. The Attorney Generals Medicaid Fraud control Unit found out that the two hospitals were billing Medicaid beyond the cost of the drugs and made more than over a million dollars in profit. Both or the hospitals never admitted or denied the accusation. They decided to pay twice the fine that was against them. About 145 New York providers which includes the hospitals, physicians, group practices and individual practice have paid back an estimating amount of $19.9 million dollars back to the Medicaid Fraud Control Unit. Some health care leaders have brought up an important message regarding mistake with billing should be considered a fraud or not. In the article this is how t "A label of fraud is really not accurate and can discredit the institution in the community," Northern Metropolitan Hospital Association President and CEO Kevin Dahill told the Journal News. "Hospitals participate in these audits and agree to the findings. If they make mistakes, they correct them. That's not fraud," he said (Caramenico, Alicia; 2012, 4). In my opinion I don’t think that a mistake in billing...
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...TRADE EXCHANGE (CEYLON) LTD. v. ASIAN HOTELS CORPORATION LTD. SUPREME COURT. SAMARAKOON, C. J., SAMERAWICKRAME, J. AND SHARVANANDA, J. S.C. APPEAL 10 OF 1980-C.A. APPLICATION 1539/79. FEBRUARY 9 AND 10, 1981. Writ of certiorari-Application under Article 140 of the Constitution-Whether Public Company incorporated under the Companies Ordinance can be a public body-Whether decision of such a body amenable to certiorari. The petitioner had since April, 1975, been carrying on business at Hotel Lanka Oberoi owned by the respondent. For this purpose it had been granted a licence, the last licence expiring on 15th July, 1979. Thereafter the petitioner was refused a licence to run its shop. The respondent was a company incorporated under the Companies Ordinance. The petitioner applied to the Court of Appeal for a writ of certiorari to quash the decision of the respondent refusing to grant it a licence on the grounds, inter alia, that this decision was reached in violation of the principles of natural justice and that the respondent had failed to act fairly and was actuated by mala fides and bias. The Court of Appeal dismissed the petitioner's application. The petitioner appealed to the Supreme Court. It was submitted on behalf of the petitioner that the respondent-company was in fact a body performing functions of public nature, inasmuch as, inter alia, the majority of the issued share capital was drawn from public funds; the majority of the directors were nominated by the...
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...point of view? Your answer should contain references to appropriate case law." The offering of a job to someone may be the beginning of the end of the employment relationship due to several issues that arise between the two in the course of the employment relationship. More research in Australia in the case law has evidenced different issues that surround the employer-employee relationship. Under the common law, employers and employees have a contract of employment which may be a fixed term or a permanent employment relationship. These contracts demand the mutual trust and confidence from both parties. In such a contract, the employers must be fair and reasonable when dealing with their employees. A case law that looked at the implied duty of the mutual trust and confidence was in the McDonald v State of South Australia. The Australian law was deeply analyzed and mutual trust and confidence was concluded to be part of the Australian Law. Mr, Macdonald was a teacher who felt that the defendant, the Department of Education and Children’s Services, had failed to provide a safe work system and had destroyed the mutual trust and confidence between them that were the terms of his contract. Thus, Mr. McDonald had no choice but to end the employment because the defendant had not lived up to its promise. It was concluded that the plaintif was justified to quit as the the contract had been repudiated. In a different case of Perkins v Grace Worldwide it was deemed that the trust and confidence...
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...and dismissing Jones’ claim for damages. An appeal was granted and heard on September 29, 2011, to address the issue of Ontario law not recognizing the tort of breach of property. The following is a briefing of the court report released January 18, 2012, summarizing the primary facts, issues, and conclusions as detailed by Robert J. Sharpe J.A. FACTS Jones and Tsige were both employees of BMO, with Tsige in a position to access the personal account information of clients. Tsige and Jones were not known to each other, although Tsige was involved in a financial dispute with Jones’ former husband. Over the course of four years, Tsige accessed Jones’ account records at least 174 times, with the intention of determining whether Jones’ former husband was paying child support. Tsige admitted that this was not a legitimate reason for invading Jones’ privacy, apologized, and was subsequently disciplined by BMO. No action was made to directly compensate Jones, who asserted that her privacy protection in financial matters had been “irreversibly destroyed,” and claimed damages totalling $90,000. Justice Kevin M.V. Whitaker dismissed Jones’ claims, holding that Ontario law does not recognize a cause of action for invasion of privacy. ISSUES The primary issue is whether Ontario should recognize a common law right of action regarding cases involving the “intrusion on seclusion.” While Ontario judges have often refused to dismiss claims based on violations of privacy...
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...COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. May drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. On doing so, it was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. May later complained of stomach pain, and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident. On 9th April 1929, Donoghue brought an action against David Stevenson, aerated water manufacturer Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender. May had not ordered or paid for the drink herself, so there was no contractual relationship between May and the café owner. Tort law at this time did not allow for May to sue the café owner. There was a contractual relationship between him...
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...the balance. [edit] Judgment Lord Denning MR held that the doctrine of part payment of a debt not discharging the whole ‘has come under heavy fire’ but noted that estoppel, deriving from the principle laid down in Hughes v Metropolitan Railway Co. could give relief in equity. Although in his opinion part payment of debt could satisfy a whole debt, he found that Mrs Rees had effectively held the builders to ransom. Therefore any variation of the original agreement was voidable at the instance of the debtors for duress. “ In point of law payment of a lesser sum, whether by cash or by cheque, is no discharge of a greater sum. This doctrine of the common law came under heavy fire. It was ridiculed by Sir George Jessel in Couldery v Bartram.[1] It was said to be mistaken by Lord Blackburn in Foakes v Beer.[2] It was condemned by the Law Revision Committee (1945 Cmd 5449), paras. 20 and 21 . But a remedy has been found. The harshness of the common law has been relieved. Equity has stretched out a merciful hand to help the debtor. The courts have invoked the broad principle stated by Lord Cairns in Hughes v Metropolitan Railway Co.[3] "It is the first principle upon which all courts of equity proceed, that if parties, who have entered into definite and distinct terms involving certain legal results, afterwards by their own act or with their own consent enter upon a course of negotiation which...
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...Page 1 Singapore Law Reports/1993/Volume 2/ARJAN SINGH v PUBLIC PROSECUTOR - [1993] 2 SLR 271 - 1 April 1993 3 pages [1993] 2 SLR 271 ARJAN SINGH v PUBLIC PROSECUTOR HIGH COURT YONG PUNG HOW CJ MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion of court to direct that discharge shall amount to acquittal -- Nature of discretion -- Constitution of the Republic of Singapore art 35(8) -- Criminal Procedure Code (Cap 68) ss 184 & 336(1) The appellant was charged with four charges of voluntarily causing grievous hurt, criminal trespass, mischief and public nuisance. Before the commencement of the trial, the prosecution successfully applied for him to be discharged in order to enable him to complete a course of treatment at a drug rehabilitation centre, such discharge not amounting to an acquittal. On appeal, the appellant contended that the discharge ought to amount to an acquittal and in the alternative asked that the matter be reinstated and disposed of expeditiously on the grounds that it was unjust that he should be left under indefinite apprehension of the recommencement of these criminal proceedings. Held, dismissing the appeal: (1) When the public prosecutor decides to inform the court that he will not further prosecute...
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...I have encountered the legal system many times in my life. When I was younger, I did a lot of bad things. I have been in front of a judge for many reasons; the main one is auto racing and grand theft auto. I was young and stupid. Where I am from they filmed fast and the furious so you can only imagine the chaos that movie caused around my area, on top of that my uncle was a manager at Diamond Valley Lake where the desert races were filmed, I felt like I was untouchable. When I got caught the first time I received a warning, the second time the same judge said I was pushing my luck and things were about to change and reality was about to slap me head on. I was charged with California Penal code 4871d, Vehicle code 10851, Penal code 602 and Vehicle code 23109. One time I was in front of a judge and he gave me 2 options, one was serving 2 years in a juvenile center and the other was going under cover for the police department and trying to catch one of the biggest car thief’s of that time. I decided that going under cover was the best option because I was not ready to give up my freedom; I was only 16 years old when I got caught “joyriding”. I was 16 and 17 when I got caught 3 times street racing and trespassing. The outcome of this was I went undercover, we caught the guy and I served 2 years on probation. I feel like this experience changed who I was and who I am today. If it would have been any other judge and not given me that option, who knows what kind of person I would have...
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...CLAW3201 Case Analysis Introduction In Crown Insurance Services Ltd v Commissioner of Taxation (Crown), the issues raised are pertinent to the residence and source of the company under s6(1) of the Income Tax Assessment Act 1936. As cases are determined on the basis of all relevant facts and circumstances of each case, this analysis will focus on how the court’s decision process determined whether Crown had carried on business in the years 2004-2007 inclusive and the existence of central management and control (CM&C) in Australia. The purpose of this is to assess the valuation of Crown’s taxable income, which ultimately resulted in the objective decision to be set aside in favour of the applicant. Evaluation will be made in regards to how the case compares with previous cases and tax rulings and the likely impacts of the case on future commercial practices. Further, what the case infers about the current state of law in this area will also be discussed, as well as the potential degree of changes in modern judgements of residence and source issues within businesses not incorporated in Australia. Past judgements and tax rulings The facts of the case are similar to that of Malayan Shipping Co Ltd v FCT (1946), where the court held that “the mere trading in Australia by a company not incorporated in Australia will not of itself be sufficient to cause the company to become a resident”. This is true and consistent with the statutory definition of resident of Australia,...
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...Cases Kern V dynaelectron corporation p.29 Baptist guy being discriminated by civil rights (religion)—only muslism can fly to Mecca (the city) if he flies baptism they were going to kill him. Kern declined the job he says that he was denied an employment opportunity for his religious beliefs the (BFOQ) says that an employer should be hire no matter their religion,sex or natural origins. RISKS were=culture Falocal, Inc v. kurumu p.15 Two companies doing a deal and language was a problem because the contract was translated different, the English and Turkish version contained clauses, which, contradict each other. The Turkish provides that the final jurisdiction of any disputes in the case of the purchaser submitting a claim lies within Houston courts and supplier submitting a claim lies with Ankara courts. The English contract says that all decisions shall be settled in Houston and be submitted to the US Foreign corrupt practices act- places limitations on US business people prohibited from making illegal payments to foreign officials under the Foreign corrupt practices act Disaster at Bhopal case, p. 42, this case talks about union carbide it lacked control over the safety and operations on the indian plant and they claimed no responsibility because 49 percent was owned by intian government and indian government regulations says that they absolve moral responsibility for any accidents Doe v uncoal corporation p.65 U.S. v Liebo, Alien Tort Claims, The alien tort claims...
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...Law Paper – The Contract (Case Study) Introduction This law paper is based on a case # 63075 from Provincial Court of British Columbia in which there was a false insurance claim made by Gulbhar Singh Bhullar (Son) and Kuldip Singh Bhullar (Father) from ICBC (Insurance Corporation of British Columbia). The date of hearing and judgement was January 22, 2009 and the place of hearing was Surrey, BC. The Counsel from Claimant side was R. Wellman, Q.C. and from Defendant side was C. Alexander. And the judgement was given by honorable judge W. G. Mac Donald. The case involved the implication of the Contract law from our course material which could clearly be used in the following discussed case. The case is about the insurance claim made by a person whose particular Honda Civic motor vehicle has been stolen and then found burnt in front of a Superstore. So for that Mr. Bhullar (Jr.) has claimed ICBC for an amount something over $13,000 for damages. When the car was purchased from Raman deep Bhangu, Gulbhar’s sister, the deal (contract) was in name of Kuldip Bhullar (Father) that means he was the principle owner of the vehicle at the end of the deal. And when the incident took place Mr. Kuldip was in Philippines since one and a half year but it was stated wrong even at the renewal time of insurance papers that he’s not in Canada..!! CASE LAW - Bhullar v ICBC Thu, 2009-02-19 21:56 — DriveSmartBC A car owner is not successful in a claim against ICBC for a total loss of their...
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...in the company: “Wong Siu Foong shall be appointed to the Board of Directors for as long she holds shares in the Company, and shall not be removed without the approval of Wong Siu Long. As director, Wong Siu Foong shall be entitled to an annual remuneration amounting to $60,000 or 1% of the Company’s after-tax profits, whichever is the higher.” The issue presented in this question is whether SF can enforce the above provision against WFJ. Based on the facts, the general law can be applied to determine the effectiveness of the provision. S39(1) of the Companies Act (“CA”) states that the memorandum and articles shall bind the company and the members as if the respective parties had signed and sealed in a contract to observe all the provisions of the memorandum and the articles. Hence, the provision in the article is said to be effective. However, there are alternative arguments to this case. The Singapore court not only takes the Singapore CA into consideration during a ruling, but also relevant previous law cases. For this issue, the Hickman v Kent or Romney Marsh...
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...Neurology Associates LLP. vs Elizabeth Blackwell, MD An Assignment Submitted by Name of Establishment Class XXXX, Section XXXX, Fall 2011 Case: Neurology Associates LLP, vs Elizabeth Blackwell, MD Overview of Facts In May 2005, Dr. Elizabeth Blackwell earned her Medical Doctor Degree and she was hired by the Neurology Associates LLP, located in Longville state in June 2005. She has been offered different jobs before, but Dr. Elizabeth concluded by choosing Neurology Associates LLP because of the interval between her home and family. The employment agreement, signed by Dr.Elizabeth, included detailed clauses of compensation terms, vacation, on all duties and fringe benefit package. NA agreed to pay $1,000 for the course that was designed to help prepare future candidates for the test, such as for Dr. Elizabeth Blackwell. Immediately after hiring Dr. Elizabeth, different conferences were held, and chief directors of NA introduced her to a number of physicians in order to build the referral base for the practice. But in July 2005, one of the partners of NA, Mr. Cohn told her that she needs to sign an additional part of document which was neglected by him during the early negotiations. He mentioned that the document was a standard procedure so it needs to be signed by the end of the workday. The document covered the following facts: “Section 1: The parties hereby agree, in consideration of the exchange of good, valuable and sufficient consideration, to be bound...
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...Issue- Did an offer exists, which the plaintiff accepted? Rule of Law- Invitation to treat. An invitation to treat is not an offer in itself but is an invitation to others to make an offer. Discussion- according to the case, Tom placed an advertisement in the Motor Sports Magazine. Advertising to the public at large. The advertisement stated that the car was for sale, not that the seller would sell to all comers. Chris however saw the offer and was interested in taking the offer stated. However, in an invitation to treat it is also starting point of any negotiations. Chris was aware of the invitation and tried negotiating. In other cases such as “Partridge vs. Crittenden (1968)”, where the appellant inserted and advertisement in a periodical “Bramble finch cocks and hens, 25s each”. Also “Gibson vs. Manchester City Council (1979)”. Issue- If “A” makes an offer and “B” makes a counteroffer, does the original offer remains open? Rule of Law- When studied more indepth; a counter offer was also present. A counter offer is said to be an offer made in response to a previous offer by the other party during negotiations for the final contract. Discussion- The case clearly shows that Tom was offering to sell a Triumph TR6 for $10,000. Chris in reply offered $8000 which the defendant refused and stated that cheque was preferred for advertised amount. The plaintiff then sought to accept the original offer of $10,000. However there was no contract. Where there is...
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...Written Assignment 4 In this case study, Raymond Smith purchases a new car from an unnamed dealer. When Mr. Smith purchased this car, he signed a contract that specifically limited liability for personal injuries as a result of defect in the car, and limiting the solution for any breach of warranty to repair or replace the defective part(s). Unfortunately, one month after purchasing the car Mr. Smith was seriously injured due to an accident in the car caused by a defect in the steering mechanism of the car. Following the crash, Mr. Smith decides that he would like to sue the dealer for breach of warranty; however the dealer defends this action by relying on the contract disclaimer. Despite having specific language in the contract which limits the dealers liability, [UCC 2-314(1), 2A-212(1)] explicitly shows that good may come with an implied warranty. In this instance, there is an implied warranty on the car that it must perform the normal actions of a new car. These actions may be proper steering, braking, etc. According to the UCC, “goods must be fit for the ordinary purpose for which they are used”. Mr. Smith purchased a car expecting it to be able to be used as a car normally does, in this case simply driving/steering. Due to the defect in the steering mechanism, the car was not fit for the ordinary purposes of which it would normally be used. Taking into account that Mr. Smith sustained serious injuries in this crash, it is safe to assume that the car had considerable...
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