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The definition of 'Frivolous cases in Business Law.

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Hello,

From the attached cases, and in the format given below, compare and contrast the facts, law, and merits of the two lawsuits by answering the following questions.

1. What are the facts?

2. What are the issues?

3. What laws apply?

4. What did the judge and jury decide?

5. Did the judge and jury make the appropriate decision based on the applicable laws controlling the case? Why or why not?

6. What are the ethical issues in the cases? Do the ethical issues differ from the legal issues? If so, how?

7. Both of these cases have been described as "frivolous" lawsuits. Based on your research what do you think? Is either one or both of these cases frivolous?

8. Regardless of what you think of the lawsuits, how could the business owners have prevented them? What advice can you give them for the future?

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Solution Summary

Several hypothetical cases are examined to give the student an explanation of what would constitute a frivolous lawsuit in Business Law according to the research.

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1. Facts

- Haimes Case
Judith Haimes was a psychic who worked with law enforcement, owned her own office, and also appeared on television and other media outlets. After a suggestion by one of her clients, a (physician) she went to Temple University Hospital for assistance with possible tumors. Haimes warned the doctor of allergies prior to being injected with a dye that caused her to have an extreme allergic reaction leaving her with migraines for several days and subsequently ending her career (Wikisource, 2012).

- Vandevender Case
Ms. Vandevender worked for Sheetz, a company with several outlets in the state, and while working for the company received a back injury. As a result of this back injury she began receiving temporary total disability benefits and was required to have back surgery. The plaintiff was subsequently rendered unable to work and fired by Sheetz within a year of not working. After being rehired she was allegedly discriminated against because the company would not uphold the restrictions on her ability to work certain areas or tasks because of the injury sustained previously (Justia, 2012).

2. What are the issues?

- Haimes Case
Plaintiff alleges that as a result of the actions of the staff and personnel at Temple University Hospital she lost her career and profession. The migraines that occur following the CAT scan according to the plaintiff have prevented her from using her psychic capabilities because she experiences these migraines each time she attempts to do so (Wikisource, 2012).

- Vandevender Case
Plaintiff filed civil action against Sheetz in reference to violating her human rights under the West Virginia Human Rights Act and engaging in discrimination in violation of ...

Solution provided by:
Raushaun Rigsby, MSc
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  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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