Attention:
1.Please answer BOTH questions.
2.Citing cases, while not required is highly recommended.
Ⅰ.Question One: Please analyze these issues briefly.(50分)
Among the tort law cases that we read and discussed in this semester:
A:Some of them dealt with judicial annoucements that mark a clear
departure from prior holdings, what are they and what's that about?
B:Some of them presented the issue of tort law consequences of
regulatory noncompliance, what are they and what's that about?
C:Some of them involved a judicial signal sending regarding regulatory
failure as reflected in the present cases, what are they and what's
that about?
Ⅱ.Question Two: Please analyze the following case(50分)
In a reaction to widespread use of Viagra, some women groups have
petitioned for speedy approval of RU520, an after sex oral
contraceptives first developed by Abbaloota Pharmaceutical Corp.
In short of further positive testing by Abbaloota to counterbalance
labortory test indicating reasonable doubt of causing blood clotting,
RU520 has been pending for manufacture permit by Food and Drug
Administration for more than seven years. In a Congressional public
hearing Anan Topaz, Surgeon General of FDA, agreed to grand a five yeas
provincial permit to Abbaloot for manufacturing and distribution
RU520 under the following conditions:
1.Continuous testing on possible risks to human risk.
2.Set aside one billion for possible compensation.
3.RU520 should be a prescription drug.
4.Warning as to possible treat to human health, including stroke,
has to be provided.
5.Issue a booklet to physicians indicating mandatory warning to
patients about NO SMOKING and NO EXCESSIVE SEX.
In the end, Abbaloota did get the perit under the above mentioned
conditions except the one billion compensation fund.
These all happened when you were a third year student at Yale Law
School. Five year later, you have developed yourself as a competitive
liability attorney with Peters and McGarity. Against this background,
Tanya Lee came to your office complaining about sudden stroke of her
daughter, Pat Muir, resulting from taking RU520. Later you were
reported that cases lide this have been pending in almost every stat
of the United States.
Please answer the following questions.
1. Are you taking this case? Whom are you going to sue?
2. What factual invesigation in your judgement are critical to initiate
this case?
3. You found the warning label on the containing box indicates
"blood clotting" instead of "stroke", how are you going to argue on
the basis of that?
4.Your client admitted that Pat did smoke heavily and sleep around. But
they know nothing about possible linkage between RU520 and personal
lifestyle. Physician never mentioned that! How are you going to argue
for possible comparative negligence claim by defense attorney?
5.Suppose your client were granted a big sum of compensation thanks to
your successful argument in the court. You began to review what happened
beyond an attorney's position. What are your thoughts on gender impact
of the case?
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