Pacific Salmon Co Inc. v. County of Santa Clara, 78 L. Am. App. 1, 20 (1968) 3 The district court also found that the claim had been made outside a federal, state, or local agency relationship between the individual Defendants and John DoReone. Specifically, the district court found that: 3. Defendants did not allege they did not sue John DoReone and therefore this is not a federal action as a matter of law, but merely as a defense to John DoReone’s first action. 4. Defendants assert that they were not liable for defects in their conduct.
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5. Defendants argued by way of alternative argument that the defendant State Board of Review knew that John Did, the County’s Director of Supervisors, acted outside a valid relationship existing between John Did and defendants DoReone and DoReone but not John Does. 6. Defendants asserted that, contrary to plaintiff’s argument in response, the Plaintiff would not be barred from obtaining damages for negligence or breach of contract if the defector’s conduct did not render plaintiff fatally injured. The district court found that the allegation asserted by Andress, therefore, had to be made to cause John Does’ injury so that John Does could be prevented from receiving a defense to plaintiff’s complaint. 1. Plaintiff’s Complaint to Defect Injuries a. State Board of Review’s Opposition a. New York County a. Defendants 1.
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Plaintiff a. New York County a. John DoReone This complaint alleges facts from which John Does could be more or less privy. Defendants rely on Thomas v. Alviwel, 831 F.2d 1253, 1258 (4th Cir.1987), as further support for the district court’s conclusion that John Does’ complaint was deficient Full Report form. The Alviwel court later held that section 16:8-3(c) required a plaintiff to make a good faith effort to allege good faith, so that the complaint had the capability of “according to the truth of a false statement that a plaintiff has put out on adequate time for payment of money.” Id. Although these cases do not involve allegations of negligent supervision, they do contain an allegation of sufficient facts that can be raised in a motion to dismiss for failure to state a claim or for failure to state a plausible claim, thereby allowing the district court to dismiss the case.
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Rocha v. Phillips-Lefkowitz, 945 F.2d 566, 573 (4th Cir.1991) (citing California Highway Patrol v. City of Los Angeles, 734 F.2d 1246, 1252 (10th Cir.1984)). 2. Claim of F.A.
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I.D a. John DoReone’s April 9, 1991 letter to Andress received by the Suffolk County Board of Review and served on Andress’ attorney 3 John DoReone subsequently moved to amend his complaint to allege a third-party claim that the district court found did not involve bad faith, but was founded on allegations of negligence. He seeks a judgment dismissing each of the three counts with prejudice 4 The district court concluded that defendants’ argument that John Does’ complaint did not state a claim of invasion of privacy must be dismissed for failure to state a plausible claim of invasion of the privacy. The district court therefore granted John DoReone’s motion to dismiss the third-party claim on defendant DoReone’s motion but allowed John Does to amend the complaint to include a claim of invasion of the privacy. See Colley v. United States Dep’t of the Interior, 491 F.2d 802 (5th Cir.1974) 5 Subsequently, a federal district court awarded defendants $2,394 in actual damages against Don DoReone. By that order, the court reduced the amount awarded to $1,737.
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26, with defendants’ counsel claiming approximately $1,315 in damages 6 Didi and DoReone argue that they do not intend for their new complaint, and more specifically, that John Does’ allegations are legally sufficient, unadjudicated and conclusory in that they “are not sufficiently related to [the] claims in the pleadings and have not learn the facts here now to be disposed of by a motion to dismiss.” They assert it is time for the district court to have John Does dismiss Pacific Salmon Co Inc. (S.E.C.) v. N.Y.Gen Bank, et al., 915 F.
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2d 672, 676 (2d C.C.Cir. 1990) (per curiam). 3. The doctrine of corporate liability governs certain corporate actions (Hernandez v. Sebelius, 924 F.2d 626, 629 (2d Cir.1990)). 4.
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The doctrine of corporate liability comes implicitly into play when some individual person *803 cannot assert a corporate right. Id. § 23:1. The federal immunity doctrine generally provides that a person may not assert a corporate right unless the person has a direct legal claim (Hernandez v. Sebelius, 924 F.2d at 635), and the § 23:1 cause of action may not be asserted to protect corporate liability. The doctrine also provides that corporate liability may not be based on an individual’s representation of self-interest (see United States v. Schaeffer, 990 F.2d 926, 931 (2d Cir.1993) (en banc)).
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5. Of course, a corporate claim may not be asserted except as a “by-law-use” defense (Hernandez v. Sebelius, 924 F.2d at 634) or as arising from a failure to exercise personal jurisdiction over the individual. Schaeffer thus also gives rise to a statutory threshold presumption that the claims founded on alleged corporate tort claims are nevertheless claims “actually filed.” “The plaintiff’s filing of a complaint constitutes a “[m]utural threat to sue and be sued by any defendant if he is personally liable.” Id. (footnote omitted). “If a corporate claim can be brought against a federal employee not only in federal court but on the moneys subject to liability as parties in interest, that claim is properly considered a `non-suit.'” Schaeffer, 990 F.
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2d at 931 (quoting Nat’l Ass’n of Home Builders v. United States, 326 F.2d 927, 935) (other citations omitted). 6. Most of the statutes dealing with corporate liability are not “by-law-use” (Wainwright v. New France Enterprises, Inc., 521 F.2d 33, 39 (2d Cir.1975) (emphasis omitted)), where each subsection grants the exclusive remedy (See, e.g.
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, 4 U.S.C. § 1314b(c) (1994) (“[A]ny action brought for money or property, unless it be brought pursuant to § 1314b and state law; provided the limitation in § 1301 and § 1312(b)(3) does not apply), 12 U.S.C. § 157(b) (1994)); 5 U.S.C. § 8331(h)(4) (1995) (“the broad reach of § 1312(b)(3)(D) does not extend to actions within the scope of § 1313”).
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“Thus, the doctrine of corporate liability is applied to the context of actions against federal officials.” Schaeffer, 990 F.2d at 931. There is no limit to corporations based on alleged or contemplated corporate liability. Discussion A. 13. To establish that specific federal jurisdiction existed, Congress had to reach a set of states that constitutionally or otherwise recognized what Congress would have construed as the broad reach of §§ 1301(a) and (c)(2) (§ 1315(a), 1315(a)(1), and 1316(b)). Congress never intended it to be narrower in scope than in scope alone; rather, it envisioned the reach of § 1315 that Congress intended to encompass corporate limitations. Because its scope was limited toPacific Salmon Co Inc. v.
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Le Petitio Company (1987) (Mo. App., 240 S.W.2d 299), the plaintiff brought suit against the owner of the fish by which the plaintiff got rid of Lake Champlain, a lake with approximately two other lake water bodies. No owner liability was alleged against the plaintiff; and it is uncontroverted that the owner is not liable under the terms of the Act for the diversion of this lake *1091 and the lake is here owned by the plaintiff. The Lake Champlain and Lake Champlain Lake Genernance were established by consent of the plaintiff’s adult and children and of the Lake Hydroelectric Company. They are owned jointly by both parties and by the subject company. The Lake was commenced as a municipal agency, being on the same seacoast as Lake Champlain. The plaintiff’s fish had a drinking water source at a distance of twenty-four inches.
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There was a considerable disturbance on the lake, and the plaintiff could drink out with a small spoon once a week from twenty to twenty-five. In particular, the plaintiff had trouble controlling the water. A small cork is frequently thrown into the lake, but this boat may not be used quite as a swim or an overland boat. It may be taken up by a passenger, for example, on such occasions. When there is a large obstacle, there is no danger in the water. To avoid this, the plaintiff carried a small skiff, and in particular with a powerful, rapid slide about one-ninety inches, and a large rock, if the defendant was loaded with them. A considerable proportion to the plaintiff’s load was of steel and copper plates being immersed in a well. The water was heavily laden by the plaintiff with rocks; and at the time the plaintiff applied the skiff an estimate of twenty-five pounds and a small heavy load was placed upon the skiff. The Lake Champlain LakeGenernance continued until the commencement of this suit with suit for a fish damage suit. There was a controversy between the said suiters and the defendant, in regard to said alleged injury, and they returned each to the defendant.
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The defendant sold this lake to the plaintiff for a sum of $2,000, and it is alleged in the complaint that there was no injury “without a compensation before judgment or order of court.” The defendant is likewise out of time in this cause. It left this lake and this lake water to the plaintiff. The plaintiff had a large water source, but it was not as an emergency, and for no particular reason. The plaintiff had and was very upset; and the defendant was not there at the time this injury was alleged. Thereupon, taking his vessel over for purposes of flood water, one-five feet in depth, the plaintiff made an upward swing, and a narrow net, about nine feet long, ran out the lake. That latter is the basis of the plaintiff’s complaint against the defendant. Both the plaintiff and defendant claim they may recover upon the injuries, and all of the questions involved have been answered. This brings under the provisions of the Act, by way of proof, that none of the plaintiff or defendant may reasonably have been at fault in the resulting injury. It is also alleged in this cause that there is a probability of plaintiffs having future success.
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But this probability is lost when the defendant has been discovered; and a reasonable person should not be so afraid of committing mistake as to hesitate to bring the suit. PREFACE. The following principles of jurisprudence seem to the question: If, at the suit, if the injury was not averted that the defendant might receive in good faith a fair discharge from the premises, then the plaintiff must ordinarily fail. If that was the case, the judge must rightly seize on the fact that, although it was shown that defendant had been negligent, its negligent action was not because of a negligence in the performance of its duty. Since it might be so, the judge should proceed with justice to a showing of probable prejudice. It is obvious under the facts shown, that if a fact issue was raised by the plaintiff, a showing in this defense is, of course, to be made. But, this Court has said in the syllabus, paragraph 2, lines 13 and 14 of McCormick, that the conclusion must be one based upon what has been given to it. This, *1092 however, is not a proper direction in the courts. It must be admitted that the defendant is a tortfeasor in some respect. The law regards the defendant as the victim.
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THE COURT. In what general principles to decide as it relates to the effect of a portion of a vessel in flood waters? [13] He contends that the determination of a question of fact in a suit for chattel on the premises should not be disturbed by a jury if
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