Title: Ginsburg v. City of Ithaca and Cornell University et al., 839 F. Supp. 2d. 537 (N.D.N.Y. 2012). Parties: Plaintiff: Howard I. Ginsburg, as Administrator of the Estate of Bradley Marc Ginsburg, Defendants: City of Ithaca and Cornell University. Court: United States District Court. Procedural posture: The case is before the Northern District of New York after the plaintiff, Howard I. Ginsburg, filed an amended petition as the administrator of the estate of his deceased son, Bradley Marc Ginsburg, asking that the City of Ithaca and Cornell University be held negligent for Bradley’s wrongful death as well as personal injuries and conscious pain and suffering. Facts: On or about February 16 or 17, 2010, a freshman Cornell student, Bradley Ginsburg, committed suicide after jumping to his death off the Thurston Avenue Bridge in Ithaca, New York. Investigation showed that Bradley exhibited no visible warning signs associated with someone thinking about ending their life, but the father alleged that the City of Ithaca and Cornell University failed to take appropriate precautions to secure the bridge after 26 prior suicides on it and the other six bridges near campus between 1990 and 2010. Issues: 1) Did Cornell University through planning with the City of Ithaca exercise sufficient control over the design, construction, and maintenance of the Thurston Avenue Bridge where they could not be held liable for any alleged hazards on the bridge that might cause injuries or death? 2) Did the City of Ithaca and Cornell University takes adequate steps to ensure the safety of individual’s using the bridge at any time after the prior deaths were committed? Holdings: 1) No. Between the years of 2006 through 2007 Cornell University played a major part in the City of Ithaca’s redesign and rebuilding of the Thurston Avenue Bridge but was irresponsible due to their failure to express the importance of adding railings and other preventive suicide measures over “aesthetics” even with the prior knowledge of past suicidal events. Galindo v. Town of Clarkstown, 2 N.Y. 3d 633, 636 (2004) states that a party that owns or controls the property “has a duty to exercise reasonable care under the circumstances in
Mr. Bailey took a risk and resigned his position as Kroger Manager when he received his letter of acceptance from Thomas. M. Cooley Law School in Lansing, MI. Mr. Bailey would make the President’s List at Cooley and decided to transfer to Salmon P. Chase College of Law, in Highland Heights, Kentucky. My pursuit of my Juris Doctorate was one of a tortoise, instead of the hare and he obtained his Juris Doctor degree in December 2005. He then took and passed Kentucky Bar Exam in 2008. He began his legal career as a Public Defender in 2009. The Public Defender’s office training allowed Mr. Bailey to learn and work on various legal matters that continues to be of great benefit to his practice today. In 2011, Mr. entered private practice in Bowling Green, KY, and continue to strive for professional excellence, skills, and intelligence. Over the years, Mr. Bailey has fought for justice, helped keep families together, fought against racial profiling, employment discrimination, and became a voice for the voiceless. Today, Mr. Bailey is the owner of Bailey Law Firm of S.KY, PLLC in Bowling Green, Kentucky. Mr. Bailey practices criminal defense, immigration law, personal injury, Bankruptcy and
Justice Ginsburg also had a concurring opinion. He agreed with the majority that the school administrators were qualifiedly immune to prosecution. However, he argued that the judiciary should not meddle with decisions school administrators make that are in the interest of keeping their schools safe.
Weintraub Genshlea & Sproul, Rosemary Kelley, Charles L. Post, and William S. Jue, for Plaintiff Nosrat Khajavi.
Facts: The state of Washington passed a law that made it a crime to assist in a suicide that takes place within the state. The crime is listed as “promoting a suicide attempt” and is classified as a felony offense. In order for a person to be convicted of this crime it has to be proven that the defendant knowingly caused or aided another person in an attempt to commit suicide. In January 1994 Dr. Glucksberg along with four other doctors, three terminally ill patients who died before the case reached the
Chief Justice, John Marshall used Marbury v. Madison to rule that a federal law was unconstitutional. The cases of Martin v. Hunter’s Lessee, and Cohens v. Virginia resulted in a ruling that the Constitution was the final say, but only if the Court had the right to overturn state court decisions. In the case of Dartmouth College v. Woodward, the state’s government sought to appoint members to the college’s board of trustees, although the college opposed this. Dartmouth ended up being victorious in the Supreme Court. Another Supreme Court case that showed the strengthen of the federal government over the individual’s state governments was that of McCulloch v. Maryland. The Supreme Court ended up ruling that it was unconstitutional for individual states to tax the Bank of the United States. In the case of Gibbons v. Ogden, the Supreme Court demonstrated its power to regulate interstate
One wonders why there has been little done to prevent Golden Gate Bridge suicides and what values (or lack there of) have perpetuated this tragedy? Has our society advanced
Plaintiff in the Illinois Circuit: State of Illinois Defendant Lance and Susan Gates Appellant in the Illinois Appellate Court: State of Illinois Respondent in the Illinois Appellate Court: Lance and Susan Gates Appellant to the Illinois Supreme Court: State of Illinois Respondent to the Illinois Supreme Court: Lance and Susan Gates Petitioner to the SCOUTS: State of Illinois Respondent to the SCOUTS: Lance and Susan Gates.
Trace the history or evolution of this liability through the court. In other words, discuss the relevant cases related to the liability issue and discuss precedent rulings and the current status of the issue.
Question: In Baptist v. Sampson, the Texas Supreme Court did not agree with the appellate court that holding hospitals liable for the negligence of ER doctors should be a non-delegable duty. Explain why you agree or disagree with the Supreme Court. Under what theory can a hospital be held liable for the conduct of emergency room physicians who are independent contractors? You should be able to answer question three in no more than 2-3 pages. You need to discuss the theory of liability, what the appellate court held, what the Supreme court held...and why you believe one or the other is correct.
7. Locate a case that involves mitigating factors. Cite the case and explain why the case had mitigating factors.
judicial branch of government are exhibited through the interaction of the Supreme Court, the federal appeals court, and the lower Fifth Circuit court in this case. The Supreme Court sent the case to the lower court to avoid making a major ruling on a highly controversial issue. The lower court had ruled that the University of Texas had acted in good faith while implementing affirmative action in admissions decisions. Abigail Smith then took the case to the federal appeals court to see if the legal standard of strict scrutiny was upheld. The appeals court had found that it was, while the Supreme Court had found that it was violated by the lower court who didn’t use that standard in its ruling. (Williams, McClam). Several years later the Supreme Court affirms the lower courts ruling in favor of affirmative action in college admissions. (Flores).
Ms. Herman is currently holds a seat as Centennial Professor of Law at a Brooklyn Law School where she teaches a subject in Criminal Procedure and Constitutional Law(ACLU, n.d.).
Over the last thirty years the fight over assisted suicide has earned a spot in the national spotlight, for both positive and negative reasons depending on your stance on the issue. There have been challenges made based off the constitution, the right to privacy and moral reasons for both sides. While there have been many notable persons of interest during this time some have helped the cause as others have hindered progress.
Call of the Question___Discuss the potential “liability” of Teacher and of City Middle School, as well as any defenses each may raise.
Kevin Briggs is a retired California Highway patrol officer, who spent much of his years “patrolling the southern end of Marin, county which includes the Golden Gate Bridge” (Briggs).As many may connote this bridge with much positivity such as, to have a great view of San Francisco, others may connote it as the bridge that took their loved one . This bridge has been used numerous times for a suicide attempt. Suicide according to Vernon J. Geberth, M.S., M.P.S., is defined as the intentional taking of one’s own life (Geberth.). At a recent Ted Convention, Kevin delivered his inspiring and courageous speech titled “The Bridge Between Suicide and Life”, which argues the many consequences of suicide and the lasting effects it has on their loved ones. One of the main topics Kevin mentions in his speech is the fact that suicide is preventable and it doesn’t necessarily need to happen. In the audience of Kevin’s TED Talk were women and men who may have faced suicidal thoughts and or currently suffering from the loss of a loved one due to suicide and even the general population that may not be experiencing none of the following but are simply just listening for future references.Rhetorically, Kevin conveys this argument through rhetorical approaches such as rhetorical questions, logical evidence and even personal experience.