Their conclusions were based upon “in vitro” (test tube) and “in vivo” (live) animal studies that found a link between Bendectin and malformations; basically that the chemical structure of Bendectin was similar to other other substances known to cause birth defects; and the “reanalysis” of previously published epidemiological (human statistical) studies. In neither essence the submitted documents were never published nor peer reviewed articles demonstrated a link between Bendectin and birth defects. Merrell Dow had introduced evidence that no epidemiological study ever performed had concluded that the use of Bendectin by pregnant women significantly correlated with the incidence of birth defects in those women’s children (Atikian, 1994 p.1516). …show more content…
137, 141 (1999). Patrick Carmichael blew out the right rear tire of a minivan and in the incident one of the passengers died, and others were seriously injured. A diversity suit was brought against the tire maker, Kumho Tire Co., and its distributors, claiming that the tire was defective. Rule of Law: Federal Rules of Evidence (FRE) Rule 702 gives the district judge discretion to determine reliability of evidence in regards to the circumstances and facts of a particular case. Dennis Carlson Jr. testified as an expert witness for the petitioners as a tire failure analyst, intending that the tire’s manufacture or design caused the blow out. Whereas his opinion was based on visual and tactile inspection of the tire; upon this theory this sort of tire failure was the result of a defect and not tire abuse. The petitioner’s moved to exclude Mr. Carlson’s testimony on the ground that his methodology failed to satisfy Federal Rules of Evidence Rule 702. The District Court granted the petitioner’s summary judgment motion arguing that in examining the factors set out in Daubert v Merrell Dow Pharmaceuticals. Inc. Mr. Carlson’s methodology is not reliable. (Kumho Tire Co., 2015). The Eleventh Circuit Court of Appeals reversed, held that the District Court erred as a matter of law in applying Daubert, and held that the Daubert factors did not apply to Mr. Carlson’s testimony. (Kumho Tire Co., 2015). Judge Stephen Breyer delivered the opinion for the United States Supreme Court holding that the Daubert factors may apply to the testimony of engineers and other experts who are not scientists. The District Courts decision to not admit Mr. Carlson’s expert testimony was lawful because it found his methodology unreliable after appropriate examinations (Rule 702,
Case Name: Norkunas v. Cochran, 398 Md. 1; 919 A. 2d 700, Court of Appeals of Maryland, 2007.
Pete’s injury is considered a non-criminal matter. I have recently been assigned his lawyer and we are trying to use the alternative dispute resolution (ADR) method or civil litigation route to resolve the legal matters. After reviewing his case, he has sustained injuries from driving his four-wheeled all-terrain vehicle (ATV) when it rolled over on a trail behind his home. Due to his injuries, he has been out of work and has medical expenses. He is suing the manufacturer for the ATV being defective.
The Plaintiff, Keller, sued the defendant, DeLong. DeLong was driving Kellers car at Tyngsboro, Massachusetts at approximately 11:40p.m. on April 14, 1963, DeLong collided with a utility pole at the side of the highway. The Trial Court ruled that the sole cause of the accident was the fact that the defendant dozed off to sleep and did not awaken in time to avoid collision with the pole. The driver showed no sign he was going to fall asleep. Defendant, Carl DeLong, suddenly and unexpectedly dozed at the time of the occurrence of the accident. Defendant, DeLong, was not found negligent. Vacated; reversed, affirming trial court’s judgment.
The analysis of my case was influenced by the existing information. I focused on some information more than other because some information could be used to my advantage, more than other, such as, the fact that my client was young and vulnerable, the fact that Adler Auto mechanic did work around the headlight frame despite the fact that he did not work on the headlight directly, the fact that the painter did not keep the records, the inconsistencies in testimonies of witnesses, the losses that my client sustained, the county that the accident took place, the insurance amount (i.e., $300, 000), the fact that Adler Auto could file a claim against the PNI if PNI fails to settle the claim, the
In the Tinker vs. Des Moines court case the judges decided for Tinker even though both arguments from the lawyers where not well made. The judge’s decision was made by who they thought they should go for even though both sides had bad arguments and made a bigger deal of this case than what it should really be.
The court ruled that State could not sue for equitable indemnity or contribution based on the fact that there was no evidence that Moffatt owed a duty of care or that Moffatt was negligent. The court also determined that there was no contractual relationship between State and Major and that a person or other property was not damaged. Based on the two core findings, all cross complaints made by State are disregarded and State is found to be solely responsible for the damages. Moffatt is also awarded costs on the appeal.
The Court in the 6th Circuit was to determine if the plaintiff, David Dunlap, had met the burden of proof that his
In the late 1950s, the Thalidomide drug was used in Europe to treat morning sickness in pregnant women among other things. This study involved manufacturing company providing samples of this drug to physicians and compensating them to study the benefits and results of this drug. Although allegedly this drug did not cause any harm to the mother the fetus suffered severe damage as a result. There were thousands of children born with
As previously mentioned, environmental factors, such as exposure to taratogens, can affect the development of the unborn child. Broderick and Blewitt (2105) define a teratogen as “substances or agents that can cross the placental barrier and produce fetal deformities when taken or absorbed by the mother during pregnancy” (p.619). These substances include drugs, alcohol, cigarettes, pollution, stress hormones, poor nutrition, and diseases, such as AIDS. Consumption of drugs and/or alcohol can lead to low birth weight, as well as, physical, cognitive, and behavioral abnormalities. Furthermore, more recent studies are showing that exposure to pollutants can affect an individual’s development. For example, a study of the
Watched by many, the movie Finding Nemo is a good movie for explaining Vygotsky’s theories because there is a wide variety of characters adults, children and even teachers. The adult characters in the movie Finding Nemo portray the adolescence developmental stages, as explained by Vygotsky. Many more of Vygotsky’s theories are found in the movie. Some include the zone of proximal development, egocentric speech, scaffolding, and scientific and spontaneous concepts.
The prosecutor advised the jury to consider the extent to which Ford recklessly and knowingly trade profit over safety in the placement and design of the Pinto’s gas tank. Ford Company went ahead to manufacture the car even after the engineers did a crash test that
To state a claim for NIED, a plaintiff must show that: (1) he was located near the scene of the accident; (2) he sensorily and contemporaneously observed the accident; and (3) he and the victim are closely related. Sinn v. Burd, 404 A.2d 672, at 685 (Pa. 1979). There can be little dispute that Arnett was near the scene of the accident. However, whether Arnett sensorily and contemporaneously observed the incident and whether Nolan and Arnett are closely related are in question. This memorandum will address all three
1. Describe the learning objectives of this course and the type of best practice that you are sharing.
After having a very successful performance and getting second place on the first Littlefield simulation game we knew what we needed to do to win the second simulation game. We were very eager to outperform our competition and we almost did so, but ended up in second place again with a cash balance of $2,660,393.
“Management Accounting is the utilization of proper strategies and ideas in preparing chronicled and anticipated financial information of a substance to help administration in setting up arrangements for sensible monetary goals really taking shape of judicious choices with a view towards these destinations."