The appropriate court for this lawsuit depends upon several factors. Three important considerations include personal jurisdiction, subject matter jurisdiction and minimum contacts. Personal jurisdiction is the power the courts have over parties involved. Minimum contact is the contact required between a party and a state in order for the courts of that state to constitutionally assert power of that party within specific boundary (Kubasek, p. 42). Because Funny Face promoted their product over the internet and sold to customers worldwide this would apply to them. The reason of the lawsuit stems from the aftershave lotion that caused the side effect of a permanent blue face for a Donald Margolin. The cause of the discoloring was due to the replacement of a key ingredient to PYR (a chemical emulsifier) which is not FDA approved. The contract between Funny Face and Novelty Now notes that all disputes must be heard in the state of Florida. Subject matter jurisdiction refers to the nature of the claim or controversy. Subject matter jurisdiction is the power of a …show more content…
Mediation is typically used in disputes involving employers and workers where it would be important to maintain the working relationship (Kubasek, p. 72). Mediation, in this scenario would not be beneficial because Margolin may ask for substantial compensation and Funny face could refusing to pay. Also may want to seek criminal charges on Funny Face. Fraud is the intentional deception that causes harm to someone else (Kubasek, p. 153). Chris instructed Novelty Now to substitute an ingredient, PYR, in the formula of the aftershave, knowing that PYR is not FDA approved. Funny Face may be held responsible as Chris made the decision to change ingredients. Novelty Now could also be held responsible as the manufacturer of the product for knowing the ingredient was not FDA approved and could have stopped
On the other hand, cosmetic Botox treatments are elective procedures and hence not covered by insurance plans. Even if this is the case, it is worth contacting your insurance policy provider for confirmation. Allergan, who are the makers of Botox offer reimbursement options to their esteemed
“Morreall argues that, if we want to answer these questions, we shouldn’t focus on whether the joke happens to trade on a stereotype. Instead, he takes the primary problem with some humor to be that it involves disengaging from things with which we ought to be engaged.” (Morreall, 529)
Week Two Paper Jesus Cabral Brandman University. Face, defined according to Rosenberg, S., is a multi-faceted term, and its meaning is inextricably linked with culture and other terms such as honor and its opposite, humiliation. Saving face or giving face has different levels of importance, depending on the culture or society with which one is dealing. Perhaps the most familiar term to many is "saving face," which we understand simply to mean not being disrespectful to others in public, or taking preventive actions so that we will not appear to lose face in the eyes of others (2014, p.3). In the case study “Adventure English: Experiences with Face-Saving” Cardon, P. W., & Scott, J. C.
The therapeutic use of humor can be loosely defined as any activities that use the positive emotional responses associated with humor, smiling and laughter to specifically benefit one or more clients’ social, emotional, physical, cognitive or wellness domains. Using humor, therapeutically, involves establishing specific desired outcomes for a client which are facilitated by the use of humor and related techniques. Dattilo & McKenney, (2011) define the therapeutic use of humor when “specialists and others use humor in practice, they play for it to lead to specific therapeutic outcomes”. They emphasize the use of evidence based practice and a goal oriented approach as essential in using humor for therapeutic purposes. Similar to other techniques used, Therapeutic Recreation is using humor to achieve client-established goals requires a systematic approach that harnesses the medicinal benefits of the involved and evoked behaviors.
There are over a thousand ingredients that are used in cosmetics that are already proven to be safe for human use. These ingredients can be mixed and matched creating new and unique products. Many people argue that this is not suitable for the demanding market. The craving for "new" and "im...
Seagriff, B. L. (2010). Keep Your Lunch Money: Alleviating Workplace Bullying with Mediation. Ohio State Journal on Dispute Resolution, 25(2), 575-602. Retrieved from EBSCOhost Database (AN: 51613327)
The spectrum of therapeutic techniques available within the health care continuum is very complex and varied. From traditional medicine, to holistic remedies, and anything in between, nurses have a rather large arsenal at their disposal when it comes to treating the patients that are under their care. Humor as an alternative therapy has long been understood as a proven means to aid in the recovery process. “With so much power to heal and renew, the ability to laugh easily and frequently is a tremendous resource for surmounting problems, enhancing your relationships, and supporting both physical and emotional health” (Smith & Segal, 2015). The purpose of this paper is to discuss situations in which humor would be a viable alternative therapy
On February 27, 1992 Stella Liebeck of New Mexico went to purchase coffee from Mc. Donald in her grandson’s car. Liebeck’s grandson then parked the car to give her an opportunity to put her cream into her coffee. The car transporting her at the time, had no cup holder so she improvised and placed the cup between her legs. During that process Liebeck spilled all of her coffee and was rushed to the hospital, because the coffee burn through the pants that she was wearing. Upon arriving at the hospital she was informed by the doctors that she suffered third degree on six percent of her skin. Liebeck suffered tremendously as a result of the burn. She was hospitalized for eight days and had to undergo surgery. Apart from that she was somewhat disabled for two years. Liebeck made attempts to settle with McDonald, she wanted them to be accountable for the injury she suffered. She wanted them to pay for the incurred expenses as well as the expense she anticipated in the future. McDonald on the other hand agreed to pay $800.00 but Liebeck was asking for $20.000. This case wasn’t settled using ADR methods so it became a trial (Wiki, n.d).
One must evaluate all parties involved. It can be argued that do to the lack of documentation or communication of the physician this was an act of negligence. A jury can decide that lack of documentation is sufficient evidence in finding a physician guilty of negligence (Pozgar, 2009). When we look at the role of the defendant which was the pharmacist not the physician his duty goes above just filling prescriptions, the duty of a pharmacist is to monitor the patient’s medication. In order for him to have achieved this properly he should have made sure he contacted the physician for further information even if the physician failed to communicate with him. Because of his actions the plaintiff is holding the pharmacist accountable for his treatment and that is not where all of the blame should be consumed. The argument that can be made for the pharmacist is that the pharmacist acted within his scope of practice and left everything to the physician. This situation can easily be construed as, if the physician needed further medications or if there were any adverse reaction then he would have contacted the pharmacist. Once again the prosecutor may argue that the pharmacist had a duty to follow up on any treatment that he provided to a patient. These arguments would be the most persuasive. These are the key elements in determining the case being argued. For example the pharmacist not following up with the patient’s physician may be
Happy Hat, a U.S. national chain of frozen yogurt stores with about 500 stores in 40 states is asking for assistance with its business processes. The average number of visitors per store has held constant over the past several years, but revenues per store are down by an average of 10%, and many stores are no longer profitable. The client suspects that a large amount of inventory is being thrown away unused at the end of each day. At the same time, customer polling suggests that the yogurt flavor customers want is often not available, even when the flavor is posted on the menu. People also complain about stores being closed when they visit. Now, the chain is facing increased competition from frozen yogurt sold in 24-hour grocery stores. Happy
Hanson, J. R. (n.d.). Fraud or confusion? RDH Magazine, 19(4). Retrieved 3 15, 2014, from http://www.rdhmag.com/articles/print/volume-19/issue-4/feature/fraud-or-confusion.html
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
I learned that drugs and cosmetics often contain chemicals that can be hazardous or have dangerous side effects. For example, a brand of mascara called Lash Lure caused many women to go blind and one woman even died because it contained a chemical that burned the skin when used as directed. After about 100 people died from using a cough syrup called Elixir Sulfanilamide, which was made toxic by its production method, the American public was faced with a decision and it caused our government to pass the Food, Drug, and Cosmetic Act in 1938.
However, must be bear in mind that the mediator is at no power of making decisions which bind the parties. The mutual agreement or resolution which achieved during a mediation process will need enforcement by registering the resolution or settlement agreement in court. Although mediation seems like a better solution than the court process however, must be remember that not every mediation session will end up with a settlement or resolution as wanted, take for example a mediation which took place between one of Malaysia celebrity, Hanez Suraya and her Public Relation (PR) Officer, Mohd Fairus...