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Dogwood and that nothing in his employment record could have put them on notice of his poor judgment.
Claim 3 -- Karl vs. ECR Manufacturer
John has a very good product liability claim against the ECR manufacturer. That is because the company supplied a product that was unreasonably dangerous to users in the ordinary way in which the product was intended to be used. This is a violation of the implied warranty of fitness for its intended purpose.
Possible Defenses
The ECR manufacturer will argue that the defect in its product was not the proximate cause of the harm that Karl suffered. Specifically, that argument is that it was the negligent decision of Dr. Dogwood to use the pad even after he noticed the...
Nursing Staff and Anesthesiologist
Karl does not have a good case against the nursing staff of the anesthesiologist unless he can produce evidence that any of them new or should have known that the insulation was missing from the ECR pad. Otherwise, there is no basis for a claim because it is difficult to identify what any of those individuals did that could be considered negligent.
Possible Defenses
Those individuals will argue that they fulfilled their respective duties to Karl by not doing anything that was negligent in their specific responsibilities during the surgical procedure.
Criminal Law Case Study Summarize the following cases: Edwards v. South Carolina, 372 U.S. 229 (1963) This case involved a protest where 187 blacks filed a petition. They divided themselves into groups of fifteen people. They would protest in public areas. They wanted to air out grievances that their state had policy segregation. All of these had been organized to take place in South Carolina state house grounds. The strike was peaceful because
However, where a state statute exerts control over matters capable of being regulated by Congress under the Commerce Clause, those statutes are invalid because they conflict with a concept that is generally referred to as the "dormant Commerce Clause" (Dershowitz, 2002; Friedman, 2005). In modern application, federal courts apply a three-pronged test to determine whether or not a given state statute is invalid by virtue of a conflict with Congressional
Agency Law -- Case Study Summary of Facts Jones solicited and obtained the offer from XYZ Corp at a time when Jones was not yet an authorized agent of ABC Corp. The President of ABC Corp subsequently ratified the agency relationship by issuing instructions to Jones to follow up and negotiate the acceptance of XYZ Corp's offer to ABC to purchase the property for $450,000. As agent, Jones breached his duty to
Law case study Section 9 As laid out in both Federal Rules of Civil Procedure and the Maryland Rules, for a class to be certified, the requirements are that; · The class should have numerous members such that it would be impractical, to sue or be sued one by one. In such a case, it would take only one to act as a representative for all. The suggested number for probable class action
Ethics Case Study This report presents an analysis of the ethical challenges faced by two organizations -- one in the not-for-profit sector named Susan G. Komen for the Cure and one in the for-profit sector named The Lubrizol Corporation. A brief background of the two organizations is provided which also includes a description of the ethical challenge. Several alternatives for each organization are discussed along with implications for various stakeholders. Out
Health Promotion Case Study In this scenario the individual has been asked by a local law firm to come into the organization and establish a wellness program to promote the health of its employees. The firm includes a team of 20 lawyers, 3 managers, 45 paralegals, 5 administrative assistants, 2 information technologists and 4 part-time housekeeping and maintenance staff. The partners agreed last year to install a fully equipped gym in