Question
A group of people who claimed they were harmed by the drug Plavix got together and sued the pharmaceutical company. We will call it the
A group of people who claimed they were harmed by the drug Plavix got together and sued the pharmaceutical company. We will call it the Plavix Company. The group included 50 California residents, and 100 non-California residents. The Plavix Company sells drugs into California through large distributors, and Plavix does not record sales to people in California, but to the big distributors. Those companies then sell the drugs into California to hospitals and others. The Plavix Company has some employees doing research and development activity in a building it owns in San Francisco, but it seems like the research has nothing to do with the sales of the specific drugs.
The Plavix Company asks the California Supreme Court to find that they are not subject to jurisdiction in California courts. The California Supreme Court says that there are sufficient contacts between Plavix and California as to both the resident and non-resident plaintiffs. Plavix then asks you what their chances are if they appeal the ruling of the California Supreme Court.
A) Tell me to what court you will appeal the decision of the California Supreme Court?
B) Using the FIRAC method, tell me the primary issue involved here, and how you think that reviewing court will rule.
C) If you think they will rule the same way for resident and non-resident plaintiffs and why.
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