"With this lawsuit, Tulsi seeks to stop Google from further intermeddling in the 2020 United States Presidential Election," the complaint reads.
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"We abhor the doctrine of the "Types of Mankind;" first, because it is at war with scripture, which teaches us that the whole human race is descended from a common parentage; and, secondly, because it encourages and incites brutal masters to treat negroes, not as weak, ignorant and dependent brethren, but as wicked beasts, without the pale of humanity. The Southerner is the negro's friend, his only friend. Let no intermeddling abolitionist, no refined philosophy, dissolve this friendship." — Fitzhugh (1854), p. 95.
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With regards to the Mummagraphics' tort claim asserting that Cruise.com's emails amounted to trespass to chattels under the Oklahoma state law, the court held that the district court correctly granted summary judgment on this claim because Mummagraphics' had not offered evidence that the Cruise.com emails caused Mummagraphics more than nominal damages. The Court explained that trespass to chattel is a common tort that may be committed by intentionally (a) dispossessing another of the chattel, or (b) using or intermeddling with a chattel in possession of another.
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These electronic messaging cases, and their progeny, which have cropped up over the last decade, will typically turn on the situations described in (b) or (d), and, as detailed below, the question of harm caused is a big issue. In sum, the basic elements of a claim of trespass to chattels are: 1) the lack of the plaintiff's consent to the trespass, 2) interference or intermeddling with possessory interest, and 3) the intentionality of the defendant's actions. Actual damage is not necessarily a required element of a trespass to chattels claim.See, e.g.
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The division of the damages in effect deprives the victims of the just compensation that they are entitled to for their bodily injury. The intermeddling of recovery agents in the lawsuit also presents ethical problems to lawyers, who may have undermined impartiality in advising on settlement. In response, the Department of Justice and the Law Society of Hong Kong carried out a massive publicity campaign aiming at educating the public to refuse recovery agents, citing that maintenance and champerty are criminal offences under the laws of Hong Kong. In 2008, 21 people were arrested for champerty, maintenance and conspiracy.
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That same year, Kaiser Permanente also began experiments with large-scale multiphasic screening to identify unknown conditions and to facilitate treatment of known ones.Hendricks, 123-124 Simultaneously, although no one questioned his medical competence, Garfield's deficiencies as an executive were becoming apparent as the organization expanded far beyond his ability to manage it properly.Hendricks, 133 Henry Kaiser became fascinated with the healthcare system created for him by Garfield and began to directly manage Kaiser Permanente and Garfield. This resulted in a financial disaster when Kaiser splurged on the new Walnut Creek hospital; his constant intermeddling led to significant friction at every level of the organization.
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On 12 June 1626, the Commons launched a direct protestation attacking Buckingham, stating, "We protest before your Majesty and the whole world that until this great person be removed from intermeddling with the great affairs of state, we are out of hope of any good success; and do fear that any money we shall or can give will, through his misemployment, be turned rather to the hurt and prejudice of this your kingdom than otherwise, as by lamentable experience we have found those large supplies formerly and lately given." Despite Parliament's protests, however, Charles refused to dismiss his friend, dismissing Parliament instead.; . Meanwhile, domestic quarrels between Charles and Henrietta Maria were souring the early years of their marriage.
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The Restatement (Second) of Torts § 217 defines trespass to chattels as "intentionally… dispossessing another of the chattel, or using or intermeddling with a chattel in the possession of another." Harm to personal property or diminution of its quality, condition or value as a result of a defendant's use can also result in liability under § 218(b) of the Restatement. Certain specific circumstances may lend themselves to liability for the action. The Restatement (Second) of Torts § 218 states further that: One who commits a trespass to a chattel is subject to liability to the possessor of the chattel if, but only if, The trespass to chattels cause of action, frequently asserted in recent years against Internet advertisers and email spammers, is often included in complaints against spyware companies.
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Such claims may be brought only when the trespasser (a) disposes the other of the chattel, (b) the chattel is impaired as to its condition, quality or value, (c) the processor is deprived of the use of the chattel for a substantial time, or (d) body harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest. The court noted that no Oklahoma court had earlier recognized trespass to chattels based upon intangible invasions of commuter resources. And the courts that have recognized such causes of action have not allowed "an action for nominal damages for harmless intermeddling with the chattel." Here, Mummagraphics had failed to submit any evidence the receiving the 11 commercial emails from Cruise.
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Punk went on to defend the title through the end of the year, retaining in a rematch with Del Rio on the November 28 episode of Raw and against both Del Rio and The Miz in a triple threat TLC match on December 18 at TLC: Tables, Ladders & Chairs. On the December 26 episode of Raw, Punk was defeated by Dolph Ziggler in a gauntlet match and as a result Ziggler became the number one contender to the WWE Championship. The following week on Raw, Punk was defeated by Ziggler by countout after Laurinaitis interfered, retaining the championship as a result. Intermeddling from Laurinaitis caused Punk to lose to Ziggler throughout January, which ultimately led to Punk attacking Laurinaitis in retaliation. At the Royal Rumble on January 29, 2012, Punk successfully defended his title against Ziggler despite Laurinaitis acting as the outside enforcer.
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The use of or intermeddling (a term usually applicable to estate law) with the property of another has often been held to constitute a conversion, whether the act is done by one who had no authority to use the property, or by one who has authority to use the property but uses it in an unauthorized way. Any unjustified exercise of dominion over property by one who is not the owner nor entitled to possession which interferes with the right of possession of another who is lawfully entitled thereto constitutes a conversion. According to the Restatement (Second) of Torts, one who uses a chattel in a manner which is a serious violation of the right of another to control its use is subject to liability to the other for conversion.Restatement (Second) of Torts § 22717 A.L.R.2d 128920 A.L.R. 37451 A.L.R. 1462 A conversion may be predicated upon destruction of personal property.
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Instead of prosecuting this person, the courts may hold him or her to be a constructive trustee and, thereby, impose the liabilities of an actual trustee in accounting for his or her acts. Lewin on Trusts says at 42-74: Thomas and Hudson's The Law on Trusts says at para 30.03: A "trustee de son tort" is to be contrasted with a delegate who is appointed by a trustee to undertake certain functions: such a person derives his authority from the trustee and is entitled to act in accordance with the delegated authority without himself becoming a trustee. A delegate, in such circumstance, has done no "wrong" and is not intermeddling in the trust and so does not become a “trustee de son tort”. The court also considered the concept of a trustee de son tort and whether an agent, appointed by a duly constituted trustee, could itself be a trustee de son tort in circumstances where the agent's actions caused loss to the trust fund.
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Walerand gained huge land holdings throughout the kingdom largely acquired as forfeited lands of Hugh de Nevill after Evesham in 1265 and is recorded as holding on his death, among many other manors:Calendar Inq. p. m. 1 Ed. I, V. 2 (1906). Clearly the escheator of Gloucestershire was in error about Siston still being held from the Berkeleys, a mistake his successors were to make on at least two further occasions, when it was stated to be held in chief from the King, royal orders then being procured to halt the "intermeddling". Walerand, who seemingly had such a vast choice of residences, was apparently in residence at Siston, before and after all these grants were made. In 1256 he was given by eight breeding bream fish by the King to establish a vivarium or larder pond at Siston."bremias matrices" 13 March 1256. Cal.Cl.Rolls, H III vol 9 (1931). This is an amusing detail, surely trinkets given arising from some promise in an after dinner discussion between the King and Walerand, then his steward, about the latest trends in fish breeding.
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These included paying court to a young nun whom she almost persuaded to elope with her.H. C. G. Matthews and Brian Harrison (editors): The Oxford Dictionary of National Biography, Oxford University Press, 2004. , In 1740, her husband placed an advertisement in the Newcastle Journal announcing that she had left him and asking for her to return. Jane Gomeldon undertook an unusual response by placing her own advertisement in the rival Newcastle Courant, explaining that she had left him because of his cruelty to her and because he was intermeddling with the fortune that her mother had left her, secured for her sole and separate use.Bailey, Joanne, Unquiet Lives: marriage and marriage breakdown in England 1660–1800, Cambridge University Press, 2003. . In 1742, she brought a separation suit to court, against her husband, on the grounds of cruelty.Gomeldon v Gomeldon National Archives, Court of Chancery: Six Clerks Office: Pleadings 1714 to 1758, reference C 11/803/22Bailey, Joanne (2001), Voices in court: lawyers' or litigants'?. Historical Research 74 (186), 392–408.
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