Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Please do not copy and paste from anywhere or I will have to resubmit this again. If you do use minimal resources to help answer

Please do not copy and paste from anywhere or I will have to resubmit this again. If you do use minimal resources to help answer this then please cite each one where it belongs but I would rather not use more than 2 resources; still nothing copied and pasted though. Thank you for answering this whoever does and I am excited to rate your answer!

1.) Read the following to answer the questions: Consider product liability and ethics issues upon reading this: "A national class action on behalf of sick smokers and the estates of those who died as a result of smoking-caused disease was filed on May 5, 1994 by Miami attorneys Stanley and Susan Rosenblatt. On October 31, 1994, the trial court in Miami certified the nationwide class. The tobacco company defendants appealed the class certification and on January 31, 1996, the Third District Court of Appeals affirmed the class certification but narrowed the class to citizens and residents of Florida (see 672 So. 2d 39). The tobacco company defendants again appealed, this time to the Florida Supreme Court and on October 2, 1996, the state's high court rejected the appeal. The case proceeded to trial with a trial plan calling for three phases: 1) determination of general liability; 2) determination of compensatory damages for a selection of representative class members and, if such liability is found, determination of punitive damages for the whole class; and 3) determination of compensatory damages for all class members on an individual basis. The first phase of the trial began in October of 1998 and resulted in a verdict for the plaintiff on July 7, 1999. The jury found that smoking cigarettes could cause 20 diseases or medical conditions, including lung cancer, heart disease, and emphysema; that cigarettes are addictive; and that the tobacco companies' conduct rose to the level that would permit the potential award of punitive damages".

2.) Answer the following four questions:

a.) Discuss the issues as they apply to the facts of the case that you read above depicted

b.)Analyze the case, and explain how the person harmed can show the three phases of determination set forth in the case.

c.) Include these FIVE elements in your analysis: Parties involved, Theories of recovery, Defenses available, Other product liability issues and Ethical issues related to product liability

d.)Offering your opinion on the case with supporting rationale and how the ethical issues in the case could have been avoided?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Tort Law Responsibilities And Redress

Authors: John C. P. Goldberg, Leslie Kendrick, Anthony J. Sebok, Benjamin C. Zipursky

5th Edition

1543806805, 978-1543806809

More Books

Students also viewed these Law questions

Question

Go, do not wait until I come

Answered: 1 week ago