(Cheeseman2013)In the case of Metrix Warehouse V. Mercedes Benz of North America it was an exclusive franchisor of Mercedes-Benz dealerships in the United States and, among other things, it was responsible for the sale and distribution of Mercedes-Benz replacement parts to its franchised dealers. Metrix Warehouse was an independent automobile parts distributor who sold Mercedes-Benz replacement parts to independent garages repair shops and to Mercedes-Benz dealers. The franchise agreements Mercedes Benz of North America had with its dealers, however, required the dealers to buy Mercedes-Benz replacement parts only from Mercedes Benz of North America. Metrix filed a suit against Mercedes Benz of North America for putting into practice the requirement …show more content…
Mr. Joseph Wahba had a prescription that was filled by the Zuckerman’s Pharmacy in Brooklyn, The prescription drug was called Lomotil, it was used to counteract stomach disorders Mr. Wahba had the pharmacy would dispensed pills into a small plastic container unequipped with the "child-proof" cap as required by law. When Mr. Wahba’s child discovered container and ingested approximately twenty of the pills before being interrupted by his mother. He was rushed to the hospital, lapsed into coma and died. The family would file a suit against H & N Prescription Center, Inc. …show more content…
Aman Collection Service. Stanley Juras attended Montana State University during that time he would take out several loans under the National Defense finance his education. Juras defaulted on the loans, and MSU would assign the debt to Aman Collection Service. Aman would eventually obtain a judgment against Mr. Juras in a Montana state court for $5,015.30 on the debt and $1,920.10 in interest and attorneys' fees. The vice-president of Aman telephoned Juras twice in California before 8:00 a.m. Pacific standard time. On the same day, Aman mailed a letter to Mr. Juras, stating that Aman was in control of Juras' grade transcripts and would not release them until Juras paid his debt.
The Craig and Bentley Case Your honour, members of the jury, my learned friends. A vulnerable and mentally disabled boy, with no gun, and under the strict watch of P.C. Fairfax - accused of the murder of Police. Constable Sidney Miles - "The 'St It is just inexplicable! Whatever happened scientific evidence to the extent of this? It is obvious that Christopher Craig, a gun collecting lunatic, is the one.
DuPont has been known for its low reliance on borrowings. In the 1970’s, the company had to assume a substantial portion of debt of Conoco, a newly acquired company. In 1983, the managers have to decide about the future optimal target debt ratio. Should the company continue to keep about 40% of its assets financed via debt or should it strive to lower its borrowings to 25%?
CM Gilmore made an unannounced visit to GRU to ensure safety and well-being of Jaylin Davis. CM Gilmore spoke with Jennie Westbrook, and explained the reason for the visit. Mrs. Westbrook provided CM with documentation of their interaction with Ebony and Jaylin. They also was able to provide medication records regarding Ebony.
Calisi (Plaintiff) developed lymphoma after taking the product manufactured by Abbott Laboratories (Defendant). Plaintiff took an arthritis medication for approximately four years, and brought a lawsuit against Defendant for the illness that he incurred after taking the medication. The lawsuit was filed in the United States Supreme Court in the District of Massachusetts “for breach of the implied warranty of merchantability.” Additionally, the claim brought against the Defendant included negligence because the Defendant failed to warn the Plaintiff of the risk of developing lymphoma from taking the medication.
Firstly, this case marked the inaugural lawsuit brought against a pharmaceutical company for using off-label marketing tactics utilizing the False Claims Act as the legal framework. The use of the FCA would pave the way for a multitude of future lawsuits involving off-labeling techniques used by large pharmaceutical companies along with citing kickbacks paid to physicians (quid pro quo) for prescribing the medication to patients, with special incentives given to physicians writing the most prescriptions. The second reason it was important is because up to that date, it was the largest settlement awarded as well as one of the highest awarded to a private individual for his role in exposing the fraud perpetrated by his employer. The whistle-blower categorization would now be able to provide private citizens with major portions of large settlements, thus providing monetary incentive for employees to come forward with information that could expose fraudulent business practices perpetrated by large corporations. This ruling also made a clear precedent that the FDCA of 1938 could be used in conjunction with the Medicaid and Medicare fraud abuse laws to levy civil and criminal offenses against pharmaceuticals companies for engaging in unethical marketing practices using indications for a medication not approved by the FDA. One of the biggest atrocities perpetrated in this case, which cannot be
In the year of 2012, Barry J. Cadden and Glenn Adam Chin, senior executives of Massachusetts compounding pharmacy, were charged for illegal businesses and homicide. 64 people were killed and hundreds of people were ill because of tainted drugs product. Cadden and Chin were places house arrest. There twenty states were affected by tainted drugs, but Indiana, Michigan, and Tennessee were worse than other states. Chin was released on $50,000 unsecured bond, banned from working as a pharmacist, and places him under house arrest. Cadden was released on a $500,000 secured bond, banned from working in the pharmaceutical industry, and places him under house arrest. During the incident the employees and managers mislabeled medication, used expired products,
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
Officer Sandula and I were administering the 2100 hours medications in Cell 6. It was approximately 2035 hours when I opened the cell door and Robert Edmund Logan (A-15679) came up to take his Remeron 30mg. When administering medications in Cell 6 inmate Logan came up to take his, I asked him if this was the right pill and he replied “yes” he put it in his mouth and drank coffee with it. After he swallowed, I asked him to show me the inside of his mouth and it appeared that he had taken his medication. I said he was clear and correctional Officer Sandula observed that he had spit his pill back into his coffee cup. When asked if he had swallowed his pill he replied “I think so” and he said it was not in his drink. Officer Sandula and I examined
Hagan and Parker brought up a negligence action lawsuit against Coca-Cola after drinking a bottle of coke, which they believed had a condom inside and led to emotional distress. In trial court, the jury awarded the plaintiffs with $75,000, which trial court reduced to $25,000 each. Both of the parties then appealed the decision to the Fifth District Court of Appeal in Florida.
In the pleadings, a complaint needs to be filed by the plaintiff with the court and the defendants. In this case, the complaint was filed for wrongful death and injunctions. The complaint was given to both companies on May 14, 1982. Then, the defendants must answer within twenty-four hours of receiving the complaint to the summon or risk losing the case by default of the court. W.R. Grace denied the allegations against them. Also, their other defenses was that the complaint didn’t state any cause of action, in the complaint the company named was misnamed, the company followed the due of care at all times and acted in “good faith,” and the claims against them are barred. The next step is the methods of discovery.
After hearing of several people dying in the Chicago area, they all had taken extra-strength Tylenol. Even though they were not directly responsible for the contamination of the product, they chose to follow their guidelines of people first and property second.
Despite their conception in 1903, Harley-Davidson and the motorcycle industry as a whole didn’t really take off until after the Second World War. Many people rode motorcycles during the war, with Harley-Davidson themselves supplying almost 90,000 motorcycles for the U.S. military during this time. Many veterans chose to purchase motorcycles upon returning home, as they enjoyed riding during the war and wanted to continue riding in their civilian life. This generation known as the "baby-boomers" quickly became the main target audience for many of Harley-Davidson’s marketing efforts. With sales increasing and the industry growing, many "motorcycle clubs" and "rallies" were introduced. Unfortunately, due to the lewd behavior displayed by most people associated with these clubs and rallies, bikers typically had an image of being disorderly and raucous. Harley-Davidson’s image itself took a big shot due to the Hells Angels. This was a motorcycle gang wishing to become notorious for "drug trafficking and other organized crime activities," who used only Harley-Davidson motorcycles. All of this combined to lead to a decline in demand and sales throughout the entire industry during the 1960’s. The industry was really helped out with the release of the Hollywood film Easy Rider in 1969. This film helped change the public’s perception of bikers and sparked an increase in motorcycle demand which has lasted to this day.
The reporting party (RP) stated on 9/22/16 resident Anne Pedersen was given her morning and afternoon medication at the same time. According to the RP caregivers Marilou Santos and Eadgitha Manalad were responsible for the error. Consequently one caregiver administered the medications and the other signed for the medication. The medications are set up and placed on the dining room table at 4:30AM to be administered at 6AM. There is no way to identify which medication belongs to whom. When the error was discovered and the owner/licensee notified the caregivers where instructed to keep quiet, not mention the incident. Subsequently the caregivers where informed to monitor the resident and not contact her primary physician. Fortunately the RP
The abuse and addiction of prescription drugs has been a serious ongoing issue for many years. Many lives have been ruined and lost. But who is to be held accountable? Well today, July 13, 2017, more than 400 individuals were charged with health care and opiod scams that amounted to $1.3 billion in false billings. According to Attorney General Jeff Sessions this was the, “largest health care fraud takedown operation in American history.”
Arrow Electronics is a distributor of electronic parts, including semiconductors and passive components. It was founded in 1935 and has reached number one position among electronics distributors by 1992. Arrow’s North American operations were headquartered in Melville, N.Y. Sales and marketing functions were divided among five operating groups. This case study focuses on the largest of Arrow’s groups, Arrow/Schweber (A/S).