Sweets V Pelman Case Summary

Improved Essays
In a tactical move by the plaintiff’s attorneys, the “Failure-to-warn” portion of the law suit was eventually dropped. This move in the end proved to be a serious tactical error for the Pelman case. Once again the suit being decided by Judge Robert sweets was dismissed in September 2003 for the remaining claim stating that the plaintiffs had not sufficiently alleged the elements of deceptive advertising. The judge then chastised the attorneys for failure to follow his previous instructions and commentary when resubmitting the amended complaint.
The failure of the Pelman attorneys:
When confronting a product liability claim (4) four key legal hurdles must come into play and must be proven by the plaintiffs to win the suit. (1) the danger was

Related Documents

  • Decent Essays

    Part1: Issue- In this case, there is an issue surrounding whether Mr. Kalajzich is guilty of murdering his wife Megan Kalajzich on the 27th of May 1998. It had been found that he had intended to murder her and it occurred as he attempted to discharge a loaded gun. There were two appeals made to the Court of Appeal by Mr. Kalajzich, which was an appeal against his conviction, and the other an appeal for special leave. Both appeals were dismissed/refused by the Court.…

    • 563 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Ruth remembers the day she took her daughter, Becky to local Wic office for formula checks, etc. Donald later got call at Music store he’d been working at to come to hospital locally in Inner City. There was investigation opened concerning injuries Becky had received. Both Ruth and Donald realized they had made mistake of trusting the care of their child to others. Becky had received various injuries on different occasions after picking up Becky from sitters.…

    • 1269 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    The legal case and ruling that support my choice of allowing the backpack program is Lemon v. Kurtzman. This ruling has to do with the Lemon Test standards, determining that a law must meet the following criteria to be legally valid regarding religion. First, the statute must have a secular purpose, second the statute's principle effect must neither advance nor hinder religion and third the statute must not foster excessive government entanglement with…

    • 74 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    This lawsuit was dismissed on grounds of assumption of risk in…

    • 2119 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    3rd Circuit Case Summary

    • 166 Words
    • 1 Pages

    The Third Circuit affirmed the district court ruling. A Fourth Amendment seizure requires restraint of a person’s freedom of movement by physical force or show of authority. The seizure of a police officer depends on whether the order is issued in the police department’s capacity as an employer, or in its role as the law enforcement arm of the state. The Third Circuit recognized whether a police officer would reasonably have perceived his superior officer to be issuing orders as his supervisor or as a law enforcement agent will not always be clear.…

    • 166 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    As a Supreme Court justice who aided in the decision of the Dred Scott v. Sanford case, I was in favor of Dred Scott. My decision was based mainly on the fact that Dr. John Emerson moved Dred Scott to the state of Illinois and later to the state of Wisconsin. Slavery was prohibited in both Illinois and Wisconsin, which was indeed a fair argument for Dred Scott, being that he has lived in both states for a long period of time, even married his wife, Harriet Robinson in the free state of Wisconsin. After the death of Dr. Emerson, Scott and his family should have been considered.…

    • 236 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Strict Product Liability The Calles v. Scripto-Tokai Corp. case is about a mother, Susan Calles, suing Tokai Corporation the designer of the Aim ‘n Flame lighting rod and Scripto-Tokai Corporation the company that sold the product. This lawsuit happened after Susan’s daughter, Jillian, died from smoke inhalation due to a house fire caused by her other five year old daughter, Jenna, lighting the Aim n’ Flame lighting rod. On the court listener is states that Susan Calles sued, “alleging that the Aim N Flame was defectively designed and unreasonably dangerous because it did not contain a child-resistant safety device. According to the complaint, a safety device was available, inexpensive, and would have reduced the risk that children could…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Application of the law to the facts We the legal team for Greene 's Jewelry will assess all the strengths and weaknesses of the proposed argument in court. The lawsuit provides us with the opportunity to introduce different directions for the arguments needed to be made in the courts; from the case laws, regulations, and substantive law. By Utilizing these resources, in the lawsuit against Ms Lawson it is believed that a favorable decision will be made on behalf of Greene 's Jewelry in both cases. Taking a sufficient amount of time to analyze the details of the case we have come to the conclusion that the focal point and the strength of our argument in the lawsuit against Ms Lawson is that she intentionally violated her contract.…

    • 1474 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In Baker v Carr, the majority made up the basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear constitutional questions to regarding state elections; the majority simply made that up in order to hear the case. There is no branch of federal government that specializes in redistricting. Since representatives' political…

    • 461 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Negligence or Malpractice? The burden of proof lies with the plaintiff. I have spent the last ten years as a paralegal and dealing with all kinds of cases. During those ten years, we represented plaintiffs and defendants.…

    • 604 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Garrett Vs Fisher

    • 1297 Words
    • 6 Pages

    I represent the Respondent, and request of the court to affirm the decision of the United States Court of Appeals for the Second Circuit. The legal standard is intermediate scrutiny. In order to disprove negligence, the challenged classification must serve an important state interest and is at least substantially related to serving that interest.…

    • 1297 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    As the largest supplier of healthcare products across the country, Halsey Health Products focuses strictly on gross-profit-dollar-oriented company goals. As a result the main character expresses a strong corporate mentality, constantly rationalizing her options with possible consequences of missing profit goals. As a market manager she realizes there are various things at stake for her and her employer. Clearly, Halsey Health Products’ primary responsibility is providing safe products to the healthcare industry. Faulty products jeopardize the safety of both healthcare workers and patients.…

    • 1181 Words
    • 5 Pages
    Great Essays
  • Superior Essays

    In such a type of case, it is not necessary for the customers to give notice within a reasonable time to the sellers. While the purpose of the 1769 section of the Civil Code is to protect the seller, and product liability protects the customers’ rights regarding defective products. Another issue arose from this case was whether to emphasize on the Civil Code (section 1769) or product liability when viewing this case. While both parties had their own reasons to defense themselves, it is hard to make a…

    • 1564 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Gril Kleen Case Study

    • 844 Words
    • 4 Pages

    Patents and Trademarks: Gril-Kleen Considerations Business growth brings many challenges. Foremost, new legal issues enter the arena as a company expands (Hisrich, Peters, & Shepherd, 2013). Further, as a company gains more exposure, threats to intellectual property, such as formulas and logos, begin to emerge. In the case of Gril-Kleen Corporation, it is important to identify legal issues of expansion, safety and liability issues, and the most advantageous legal protections for the business. This information will allow for proper synthesis and development of business and marketing plans for the company.…

    • 844 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Duty Of Care

    • 1820 Words
    • 8 Pages

    Manufacturer’s Duty of Care Manufacturers have a duty of care to produce products in such a way as to “prevent injury or damage arising as the result of a fault or failure of their products” (US Legal Definations.com). When any individual sustains an injury which can be proven to be caused by a defect in the design or manufacturing processes of a product, making that product dangerous under normal use, the injured party can recover damages from the manufacturer. Often this recovery can occur without proof of negligence on the part of the manufacturer, provided that the injury was not incurred through the direct fault of the user or misuse of the product. During typical products liability litigation, the plaintiff must show that the offending…

    • 1820 Words
    • 8 Pages
    Great Essays