Bendectin Case

HOLDING: The court actually abandoned the Aguilar-Spinelli test two-pronged test and held that When a court is making a decision to issue a search warrant, the question as to weather a person is “credibility/reliable” and where their “basis of knowledge” may have come from are to be used as guides when considering the “totality of the circumstances”and are and not requirements in every

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

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 objection could be raised that does this expert witness pass The Frye Test and The Daubert Factors. Under Frye, experts determined the bounds of the reliability in their field. The expert is determined the bounds of reliability in this field of animal toxins. Under Daubert, the gate-keeping rule has been shifted to the judge. The judge will decide whether this expert's approach is sufficiently reliable to present to the jury. Depending on the judges feelings on whether or not Dr. Croak is truly an expert witness in his field will determine based on Frye and Daubert will an objection ultimately prevail.

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

Allen’s complaint was probably sufficiently pled to survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, which dismisses complaints that fail to state a claim upon which relief can be granted. To decide this, the court will probably look at whether the nonconclusory allegations contain facts that if true, would plausible entitle Allen to relief under strict liability rather than negligence because Minkah’s explosives suggest an abnormally dangerous activity. To be sufficiently pled for strict liability, the nonconclusory facts in the complaint must not only allege damages but must plausibly show Minkah’s activity was abnormally dangerous by satisfying six elements: great risk of harm, risk of great harm, unpreventable risk, uncommon activity, inappropriate location and community value disproportionate to the risks. Ashcroft v. Iqbal, 556 U.S. 662 (2009). Indiana Harbor Belt R. Co. v. American Cyanamid Co., 916 F.2d 1174 (1990).

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

On July 5, 2005, Dr. Smiriti Nalwa took her two children to Great America amusement park. The plaintiff and her two children went on the park’s “Rue le Dodge” bumper car ride. The plaintiff and her son drove in a bumper car together. After hitting several other cars, their car was bumped from the front and then from the back. The plaintiff felt as if she needed to brace herself and placed her hand on the car’s “dashboard”

Though Crabtree’s article is a bit confusing upon first read, its puzzling nature only strengthens his position that the decision and support used to include a material element in these cases

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

Question 1:Was the approach that Bonnier used to establish a centralized R&D Department and to change its innovation approach a sound business decision? Why or why not? What made this decision risky?

In 2002, a case-control study was started in Brittanny, France. The candidates were women who were well into their second trimester (Douglas). Out of this study, they concluded that 79 out of the 580 babies were born with birth defects (Douglas). The mothers were questioned about their home lives and their hobbies, along with their occupation. Twenty-nine percent of the women were found to be exposed to these solvents based on the products they use in their home while twenty-one percent of women were exposed to harmful products through their profession (Douglas). “Women who reported regular exposure to solvents were four times more likely to have a baby with an oral cleft as compared to women who did not report regular exposure. Using job

➢ Pakistan has a large footwear industry. It had a footwear market of above 150 million pairs per year.