Case - leslie vs aaron

Assignment Help Business Law and Ethics
Reference no: EM13777245

Brief a Case

Case Title: Leslie Vs Aaron

The Facts of the Case: Leslie is the petitioner who files a suit against Aaron. Aaron is a physician licensed to practice medicine in Arizona. However, Leslie, who is a California resident saw a television interview with Aaron and contacted his office in Arizona about a surgical procedure, which Aaron performed on her in Arizona. However, the surgery resulted in significant complications and Leslie sued Aaron in California for malpractice and other torts.

Proceedings below: A court of appeal in Missouri handled a related case and held that the doctor did not act beyond his capacity given that the surgical procedures were conducted in a country where he was authorized to operate. As such, the Missouri court invalidated the case finding no violation of Missouri's laws. Similarly, in this case, the doctor did not provide the services in California, but in Arizona where he is permitted to work.

The Questions before the court: The court must determine the location where the surgery was conducted, and whether Aaron acted beyond the powers bestowed on him to conduct the surgical procedure.

Holding: A similar case in the Missouri court of appeal was dismissed following the argument that the Missouri court did not have personal jurisdictions over the doctor who was licensed to operate in Kansas. For that reason, the court held that the doctor did not provide the services in Missouri.

Reasoning: Despite the fact that the operation on Leslie was unsuccessful, the doctor did not violate the laws of California. Additionally, he acted within the powers bestowed on him by the Arizona state. Further, the tort alleged in this case did not occur in California, but in Arizona, where the surgery took place.

Important Concurrence: It was unanimously agreed by all the Supreme Court judges that physicians who act within their jurisdiction cannot be held liable for damages arising thereafter. Therefore, Aaron can successfully argue his case out by articulating that he did not violate any Arizona laws and only acted within his powers. Nevertheless, Aaron did not advertise his services in California but was only the subject of an interview on television that was seen by Leslie. Consequently, that does not create sufficient contact with California to create jurisdiction (Epstein, 2006).

Dissenting: None of Importance.

Reference no: EM13777245

Questions Cloud

Warehouse management system issues : What is a warehouse management system (WMS)? What are the benefits and downfalls of a WMS in a warehousing operation?
Socialization has far more impact on a person than biologic : 1. Explain the following statement: Studies have shown that socialization has far more impact on a person than biological predisposition. 2. Identify a role that you currently hold. How have the agents of socialization, specific to you, placed you in..
Discuss where nhs would fall on a technological acceptance : Develop an annotated bibliography containing ten references that can be used to evaluate five potential technological solutions for the scenario.
Role of ethics and social responsibility in developing : Explain the role of ethics and social responsibility in developing a strategic plan while considering stakeholder needs and agendas.
Case - leslie vs aaron : Case Title: Leslie Vs Aaron, The Facts of the Case: Leslie is the petitioner who files a suit against Aaron. Aaron is a physician licensed to practice medicine in Arizona
Generated from completing the assigned reading : Include thoughts that you have regarding these questions, new ideas that have been generated from completing the assigned reading, and your own reactions to work and career. Here are some questions you can use to get started: • How would you describe..
Case- makes scent inc : Case Title: Make's Scent Inc., Vs Dab-it-On, Inc., The Facts of the Case: The parties involved in this case are the Make's Scent inc., and its former employee and the Dab-it-on, Inc,.
What are the three most common forms of juvenile antisocial : What are the three most common forms of juvenile antisocial behavior in organized gangs? In relation to this, what are three proactive solutions to gang violence?
Primary difference between pilferage and theft : How can advances in technology and communication influence the facility location decision?

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

  Business ethics & legal issues caselet

This assignment is about the concept of Business Ethics & Legal Issues. The laws relating to these can be found in Antitrust laws. These laws are concerned with those large corporations which have a majority of market share, mergers and acquisitions.

  Questions on business law and ethics

Examples of securities that are exempted from the registration provisions of the 1933 Act and involving misstatement of material facts in a prospectus.

  Discuss the doctrine of ratification of pre-incorporation

With the aid of a decided cases, discuss the doctrine of ratification of pre-incorporation contract.

  Discuss the extent of phoenixing activity

It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals.

  Application of law to facts

Company Law, Application of Law to Facts and Conclusion.

  Question on business law and ethics

This assignment related to business law.

  Questions on business law

Answer all the questions under business law.

  Iidentify the issue raised by the facts

Iidentify the issue(s) raised by the facts, identify the relevant legal principles, apply the relevant legal principles to the facts, reach a conclusion.

  Evaluation of software development

Prepare a report and present an evaluation of the subsequent methodologies for software development in terms of cost, resources and time.

  Business value and ethics

Business value and ethics,  Bart agrees to put Sam's Super Bowl champion-ship autographed football in his sports store to sell for $1,500. Sam agrees to pay Bart a 15% commission for selling the ball. If Joe comes in the sports store and offers Bart ..

  Explain what is meant by income by ordinary concepts

Advise what tax consequences arise in respect of the payments.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd