...Johnson & Johnson Tylenol Lawsuit BUS670 – Legal Environment of Business 5-28-2012 Abstract There have been several lawsuits brought against Johnson & Johnson Company in the past years. There was a wrongful death case filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops. When we talk about a wrongful death case, someone’s life was taken resulting from the willful or negligent act of another person or persons. After this case was filed against Johnson & Johnson, the FDA started working with the company to address its systemic quality issues (Dooren, 2010). According to the Food and Drug Administration’s Principal Deputy Commissioner, over the last several years, they have had growing concerns about the quality of the company’s manufacturing process. Johnson & Johnson Tylenol Lawsuit There was a wrongful death lawsuit filed by the parents of a 2 month old that died after taking Concentrated Tylenol Infant Drops and there was a recall of children’s Tylenol. The Food and Drug Administration (FDA) analyzed that the use of prescription and over-the-counter cough and cold medicines in children younger than 6 years of age had been tied to serious side effects, even death (Dooren, 2007). Cough and cold products are made by several manufacturers including a unit of Johnson & Johnson. Some cold products are marketed as “infant” drops. Most product labels tell...
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...Civil Lawsuit Student Name: Course/Number: Due Date: Faculty Name: Question One: Have you or any family member or close personal friend ever taken the drug before? This question will be helpful in determining whether to keep or dismiss the potential juror from the jury pool since it would determine whether they have any history of using the drug manufactured by the defendant. The reason is that in some cases, individuals may have negative reactions from using particular drugs that contain certain elements in them of which they may be allergic to. At the same time, another family member or close personal friend of the individual may have also taken the drug and not once did it result in them facing any side effects. Question Two: Have any of you or members of your immediate family ever suffered any complications from acne before? This question will be also be helpful to determine whether to keep or dismiss the potential juror from the jury pool because it would determine whether the plaintiff has a history with the resulting side effects of using the drug. Most drugs that are manufactured by companies result in possible different side effects ranging from one individual to another. With regards to the side effect that the plaintiff suffered, it is important to determine whether the disease is part of their family history. Question Three: The court is aware that there has been a great deal of public discussion in print as well as in the media through numerous TV commercials...
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...Running Head: Letter to a Client Letter to a Client: The Initial Process of a Lawsuit Kaplan University PA106: Legal Terminology and Transcription Prof: Elaine Deering May 21, 2013 5/21/2013 Ms. Ima Smart. Smart & Lee PPC 1212 Third Ave, Suite 300 Bellevue, Florida 25515 Jim Knott Easy Construction 305 Hanford Ave Richland, Florida 25518 Dear Mr. Knott: I am writing this letter to assist you in understanding the initial process of your lawsuit up to the filing of the complaint with the court. Your lawsuit will be governed by the Florida Rules of Civil Procedure. The following information is the process that will be followed during our preparation for your case. Once all relevant information concerning the circumstances surrounding your case, the next step will be performing legal research. My paralegal, name , “will be spending a considerable time researching, preparing documents, interviewing clients, and consulting with the attorney on civil litigations matters” (Cheeseman & Goldman, 2008). A litigation file will be created to put all relevant the documents and recording regarding your case. With everything about your case in a litigation file will help all parties involved in your case easy access to all the information about...
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...Student: Instructor: Class: Date: Should “Wrongful Birth” or “Wrongful Life” Lawsuits be Allowed? Introduction The field of biomedical science has technologically improved to make it possible for medics and the parents of the unborn child to know whether a child will be born with defects or having acquired diseases that are hereditary in nature. Through advancement of technology in the medical field and the legality associated with the practice of abortion, a new class of tort developed in the 1970s. This tort was named as the wrongful birth and wrongful life. As at now, various prenatal tests such as ultra sound and Down syndrome enable early detection of congenital ailments and disorders. This development therefore enables parents to undergo tests that determine if they are carriers of hereditary diseases that may affect the developments of their infants. For example, since the development of medical technology, women who suffered from German measles in their first twenty-eight weeks of their pregnancy were known to bear children with defects. Developments of these medical techniques deduce the likelihood of wrong and incompetent application. For example, if German measles is misdiagnosed and such testing yield false results, prospective parents who are in such a risky situation may not be warned. As such, they might not receive the warranted counseling to undergo such tests. While such negligence occurs, the possibility of giving birth to a defective child is very...
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...Lawsuits Success Wellness will be pro-active in preventing lawsuits from happening. All federal and state laws will be followed in the manufacturing, advertising, and selling of monitors. Success Wellness will employ a full time staff of legally astute managers and skilled business litigators. The legally astute managers will comprehend and actively manage the legal section of the business to protect it from lawsuits and assure that the business complies with federal, state and local laws (Bagley & Savage, 2010). Alternative dispute resolution clauses will be incorporated into all of Success Wellness’ business contracts. The legally astute managers will work alongside our corporate lawyers to ensure that Success Wellness is protected from possible lawsuits. Lawsuits will be avoided at all costs. Alternative Dispute Resolution (ADR) In the unlikely event that Success Wellness is involved in a dispute with another party, it will use alternative dispute resolution techniques to resolve disputes. Alternative dispute resolutions (ADR) are methods used by companies to resolve disputes without taking the matter to court. There are many different types of ADR programs that are available; however, the three basic types are arbitration, mediation and negotiation. Federal and state governments encourage using ADR programs to promote settlements and avoid matters going to court (Bagley & Savage, 2010, p. 85). Benefits of ADR. There are many benefits to using alternative dispute...
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...In regards to the counter-sue by Lawson, consideration needs to be placed towards the "at will" concept of employment with Greene. Employee handbook should be reviewed for further understanding of Greene's employment policy and expectations. Implied contract does not guarantee security and application of longevity, performance, and whether Lawson was terminated on good cause needs additional review. (McAdams, 2015) Notable considerations needs to be gathered as to employees involved in the downsizing and all documentation regarding Lawson's employment. The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 and the Family And Medical Leave Act of 1993 will need to be addressed. The merit of the case will be based upon federal and state statutes, public policy, good faith and fair dealing, and implied contracts. (Jung, 2016) It is important to show that no discrimination was involved in the termination of Jennifer Lawson. In reference to her potential claim of being let go due to her needing time off for her pregnancy, refer to Carbonara v Bank of N.Y. Mellon Corp. 2014 NY Slip Op 51361(U) [defendant was able to provide prima facie evidence that plaintiff was terminated during implementation of firm's downsizing unrelated to pregnancy of plaintiff] and Forrest v. Jewish Guild for the Blind, 3 NY3d 313 [plaintiff cannot avoid summary judgment merely by pointing to an inference of causality based on a sequence in the timing of certain...
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...by the BP oil spill, including legal options for businesses and individuals looking to get back on their financial feet after the oil spill. (For in-depth information on filing a claim with BP's $20 billion compensation fund, see Nolo's article BP Oil Spill: Filing a Claim With BP's Compensation Fund.) The BP Oil Spill: Types of Lawsuits The BP oil spill has already prompted the filing of thousands of lawsuits. Businesses and workers have seen their livelihoods suffer or even disappear in Louisiana, Mississippi, Alabama, Florida, and Texas. Families and individuals in the Gulf region worry about the health hazards posed by the chemicals used to disperse and clean up the oil. And, with its dubious distinction as the largest environmental disaster in U.S. history, the BP oil spill has inflicted immeasurable devastation on the Gulf's coastline, wetlands, wildlife, and ecosystems. Here's a look at the different kinds of lawsuits being filed over the BP oil spill (with links to more information from Nolo where relevant). * Lost business profits and individual income losses. Thousands of businesses and workers in the Gulf region have filed lawsuits against BP, seeking repayment for profits and income that were lost because of the oil spill. These plaintiffs include companies and employees in the commercial...
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...as maintain order when it has gotten out of order (Llewellyn, 213),” they are also be used to punish the most minor crimes and torts. Each year, about 18 million to 30 million civil cases are considered in both federal and state courts (Pflepsen). Moreover, the United States of America has more than 70 percent of the lawyers in the entire world with half of them doing what non-lawyers do in the other parts of this world (Pflepsen). Yet, the mere fact that the United States has more than a third of the entire world’s lawyers shows that there is a high demand for litigation services, as demonstrated by the number of civil cases that are brought to federal and state courts. Some people have different views toward this previously mentioned lawsuit numbers. Given that there are different varieties of crimes that people can be punished in courts for, such as assault and battery, false imprisonment,...
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...through the state of Confusion they need to be equipped with a specific trailer hitch, which is made only in the state of Confusion. Tanya Trucker is frustrated because of the fact the Federal government has not been involved so far in regard to the state of Confusion obligating truckers to buy the required hitch or go around in which may cost more money than purchasing the required hitch. Why should the truck drivers buy a specific trailer hitch that the state of Confusion sells and requires no one knows if it is more secure than those already on the trucks. Tanya Trucker is weary of this outrage and wants for something to be done. Tanya Trucker has decided to file lawsuit against the state of Confusion to end this hitch dilemma and overturn the statute once and for all. In Tanya’s preparations to pursue this lawsuit she needs to first find what court will have the jurisdiction over the case. If Tanya Trucker case is strong enough she may file at the civil division of the state trial courts. The general jurisdiction trial courts would first hear testimony and seek any evidence presented that can determine the strength. If Tanya Trucker’s case would get thrown out she can seek her appeal in the Appellate Court System in which no further evidence can be brought in play and have the case reviewed thoroughly. This situation arises a question is the state of Confusion statute constitutional? I believe this Confusion statute is not constitutional because there is no federal...
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...is still based in Lafayette, Louisiana and continues to provide ambulatory service in both emergency and non-emergency situations. The company is a regional powerhouse covering 3 states and maintaining approximately 4000 employees and a fleet of ambulances, helicopters, and other transportation vehicles. The firm was recently designated as the largest privately owned ambulance service provider in the U.S. Of the three original founders, Zuschlag remains active CEO of the company. When a company becomes this big, especially in the medical field, ir must constantly be worried about liability. Unfortunately, Acadian is no stranger to lawsuits. Over the course of the company’s 45-year history, there have been numerous lawsuits brought against them for various reasons. One of the most recent and possibly most notable cases: a class action lawsuit claiming customers had been over-charged at one...
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...legislated in response to the belief that the pro-union Wagner Act of 1935 gave unions too much power (Taft-Hartley Act). In September 2001, Oklahoma got into the member of right to work states. Oklahoma became the twenty second right to work state. Oklahoma is most recent adapter state of Right to work laws. After the right to work law pass, Oklahoma’s economy has been grew up. According to the National Institute for Labor Relations Research of U.S, Oklahoma is the only state which increases worker’s income between 2001 and 2002 (Greer, Earnings Rise). At that time, Oklahoma income grew by around 4%. It means Right to work laws made effect on Oklahoma’s economy. In December 2003, Oklahoma Supreme Court rejected two big labor lawsuits. One of the two big lawsuits occurred in the Tulsa area. According to the Foundation Action, in the past summer of that year, National Right to Work Foundation...
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...STRAYER UNIVERSITY Ruby Tuesday Ethical Issues Multiple lawsuits [Type the author name] 6/8/2016 Ruby Tuesday is a successful national restaurant chain specializing in “American” type cuisine, enjoyed by many on a daily basis. While they are able to thrive in a very tough industry, they have been in the news for some possible ethic conduct violations, one regarding employee wages and another regarding gender bias hiring. In 2012 a law suit was filed against Ruby Tuesday Inc. (RTI), by what the industry refers to as “front of house” employees, which covers waiters/waitresses/food runners and bartenders. These type of employees are paid on a different type pay scale, as a good part of their wages are made from tips from the customers they serve. Since these “tipped” employees focus on customer service, the las states they are only allowed to spend no more than 20% of their work day performing “side work”. (ROC n.d.) The suit claims that RTI would have employees punch out and continue to work or perform tasks before they punched into work. The suit was settled out of court, with RTI paying about 3 million dollars to workers for lost wages. In another suit, Ruby Tuesday, Inc has been accused of discriminatory hiring against men. The company placed an ad in a Utah newspaper looking for seasonal bartenders and servers, actually indicating a preference for women (Phillip 2015). The company was providing housing for the employees and apparently...
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...plaintiff, Stella Liebeck in much publicized lawsuit, “hot coffee case”. It is the social responsibility of the company to look into the agony faced by the consumers in relation to its product, and this is where McDonalds fall short. The incident: The accident took place on 27th February, 1992, in Albuquerque, when Stella Lei beck along with her grandson ordered a McBreakfast at McDonald’s drive-thru on the way home. She was in the passenger’s seat, during her attempt to add cream and sugar in the coffee, inside stationary car, the scalding coffee spilled onto her lap. McDonald’s coffee was exceedingly hot, around 170 degree against the industry standard of 120-130 degree, within three seconds it caused third-degree burns on Stella’s groin area. She suffered numerous torments both physical and mental in the course of recuperation which took almost two years. After two years Stella sent a letter explaining the incident to McDonalds, her intent was not to claim for compensatory damage or filing a lawsuit for it, but to admonish them against the repercussions of their dangerously hot coffee posed. Her polite request to lower the coffee temperature was in the public interest. Past Action: The accident was not first of its kind for the McDonalds and the management was well aware of the fact that the incident is in the capacity to produce a potential lawsuit. They’ve faced 700 instances of burns between 1982-1991 and many lawsuits which were settled out of court. They’ve even...
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...The High Cost of Low Price: By the end of 2012, it has been estimated that an average 5,000 lawsuits filed against Wal-Mart each year. “According to Forbes magazine when an employee starts his shift at 9A.M, three lawsuits will be filed against the company by the time he or she takes a coffee break at 10:30 A.M” (Riper, 2005). Walmart management has violated several employment laws, and they were aware for many years that they had problems companywide concerning Fair Labor Standard Act, but they still chose to ignore it without any sufficient action. The following are just few highlighted and noted violation Walmart has made: * Extensive violation of Child labor * Sexual discrimination (different wages and promotion standards for men and women) * Exploitation of illegal immigrants. * Violation of state regulation, requiring time for breaks and meals. An internal audit of Walmart for one week of time record indicated the following: * 60,767 missed breaks * 15,705 lost meal times * 1,371 instances of minors working long hours or during school hours. Despite the knowledge of this violation's by the management, they still continued to take place till someone filed a lawsuit against the organization. Since 1999 Walmart has settled multiple lawsuits amounting in excess of $500 million. Even with these lawsuits the company hasn't changed the way it handles the employee issues. As of now Walmart has 76 wages, hour and overtime cases still pending against...
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...PART I – 5 Cases where moving and storage companies were sued for some type of fraud against the Consumer and/or against other Businesses These group of cases represent consumers in lawsuits against moving companies and/or arbitration. Lawsuits against moving companies may include damages to property, breach of contract, tariff or regulatory violations, and hostage loads. * The Attorney General's Office filed a lawsuit against Moving Max in July 2014, alleging they "engaged in a predatory bait and switch scheme," billed customers for "bogus charges," and then "threatened to drive off and retain the customers personal belongings unless and until payment was made by cash or money order." Under the terms of the Final Consent Judgment (entered February 13, 2015), that concluded a lawsuit filed in State Superior Court in Bergen County, the owner of Moving Max, Inc., a moving and storage company based in Fair Lawn, and the owner’s father, are permanently barred from owning or working in such businesses in New Jersey. In addition, as part of the settlement, 18 consumers who complained that their possessions were held until they paid substantially higher moving costs than agreed to, will be reimbursed for their losses. Case Cite: John J. Hoffman v. Moving Max, Inc., et al. Bergen County New Jersey Case No.: BER-C-203-14 http://nj.gov/oag/newsreleases15/Moving-Max-Oziel.pdf * Shurgard Storage Centers, Inc. (plaintiff) and Safeguard Self Storage, Inc. (defendant)...
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