Daubert V. Merrell Dow Pharmaceuticals Case Summary

Issue: Whether Mr. Schuester’s behavior in fatally shooting a dog he thought to be a coyote, sufficient to hold him liable for intentional infliction of emotional distress?

Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011)

Facts James Olis hired Terry Yates to represent him in the criminal proceedings that he was involved in while working at Dynegy. Olis acknowledge that he was responsible for his legal fees and his written fee agreement with Yates stated that “all fees are due when billed unless other specific arrangement have been made.” However, Olis told Yates and Mark, Yate’s associate, that Dynegy would be paying his legal fees, which is also confirmed by Cristin Cracraft, an attorney of Dynegy, through a telephone call with Clark, provided that Olis acted in good faith, in Dynegy’s best interest and in compliance with applicable law. Dynegy’s paid Yate’s initial invoice for $15,000, and the succeeding bill for $105,176 after Olis’

The current article of discussion asks its audience if we believe the treatment given by the courts are fair regarding similar cases just with different defendants. Mr. Shkreli is known for acquiring the rights of a generic drug used for rare disease and increasing the prices by 5,000% and soon became the “most hated man in America”. During his trial, many Jurors had asked to step down as they could not provide the defendant with a fair and just hearing. Mr. Shkreli charges were on security frauds on two hedge funds. He was found guilty on three counts and sentenced to 7 years even though he paid all investors back plus interest.

There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.

In the case of Burt v. Titlow, I found it very interesting how the courts can interpret the evidence differently. I really fond it extremely fascinating that the sixth circuit was able to reverse te decision of the lower courts. I found it very strange though that the sixth circuit court seemed to be looking more at circumcisional items that it was presented over actual looking at the evidence that had been presented it. When the supreme Court reversed the decision of the sixth circuit based on the precedent that had been established in the case of Strickland v. Washington. after reviewing this case, i found that it was fairly similar in legal aspect to this case and the decision that the supreme court came to at that time was accurate. After

The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.

In 1964, the average percentage of black males with a high school diploma was 14.6%, which is exactly 13% less than the white male population. In December of 1955, Rosa Parks was arrested for not standing up on a bus to allow a white person to sit. Martin Luther King Jr. was arrested on April 16, 1963 during a protest. He then wrote the "Letter from Birmingham Jail" making an argument that citizens should have the right to disobey unfair laws. The civil rights movement caused very much change in America: Dred Scott v. Sanford, Plessey v. Ferguson, and Brown v. Board of education.

Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.

According to William A. Darity, Duke University Professor, “Dred Scott v. Sanford (1857) was a major U.S. Supreme Court case dealing with the status of slaves in the United States.” Britannica.com states that “Dred Scott decision, formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional.” Dred Scott was living in a free state after his slave owner died and was still considered a slave after his slave owner died. Jennifer Stock, author/writer, writes that “In April 1846, Dred Scott (c. 1795–1858) and his wife Harriet began such a difficult quest by initiating a lawsuit for Scott 's freedom on the grounds that Scott 's owner, U.S. Army surgeon John Emerson, had taken him to the free territory of Wisconsin as well as the free state of Illinois.” Scott resided in Illinois with his owner and tried to fight for his freedom that he was deemed free while living in Illinois. History.com notes that “On this day in 1857, the United States Supreme Court

More than 90 percent of new drugs fail to make it into the public's hands. That 90 percent is also proven too toxic to even get past actual patient testing. Distinguished medical professionals find out if new medicines are toxic through various testings of which include human testing. Most of these test subjects include medical students as well as prisoners. Medical experiments have been conducted in prisoners for years. Not all of these tests however were properly practiced. Attached to these experiments are either great rewards for the medical community or unlawful controversy. The World Medical Association in 1961 failed to propose that prisoners should not be used as the subject of experiments. This was mostly because the experiments performed were unlawful and

DuPont a well-known and once very well respected chemical company, is now known for their irresponsible business tactics and the way they dealt with the chemicals onsite, and the pollution it caused in our air and our drinking water. DuPont purchased a large piece of land about sixty acres in New York, West Virginia, known as a small town and consisted of a lot of farming and irrigation, cattle, and production of crops. The DuPont case started when a local farmer in the community exploited the footage of the stream nearby being polluted with chemicals from the DuPont plant. The local towns people, were fed up with the situation in their town and the injurious ways it was affecting their cattle, so they set up a meeting with a corporate defense

Hanover-Bates Chemical Corporation produces chemicals for the chemical plating industry. It has plants in Los Angeles, Houston, Chicago, and Newark. The production process involves taking chemicals purchased from other suppliers and mixing them into user-based formulas. The Hanover-Bates has a strong balance sheet and trades on the over-the-counter market. There are seven sales districts within the organization with a total of forty sales representatives. Each receives a salary, fringe benefits, and commissions of 0.5 percent of their dollar sales volume up to their sales quota. Field sales efforts are extremely important and quality control is critical with supplying the plater with the

Polyethylene is the world’s most widely used plastic. Polyethylene plastic’s principal application was in packaging, from trash bags to milk jugs. It was widely used in the manufacture of everything from trash bags, picnic cutlery and garbage pails, to plastic toys. Polyethylene also replaced glass, wood, and metal in certain applications.

An “Investor –state dispute settlement” (ISDS) is method of public international law which gives legal right for those who invested in a foreign country a chance to challenge a regulation, judicial or administrative ruling or and government decision of a hosted country. Investors are those who purchase properties or businesses in another country.