Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card Cross/miller’s The Legal Environment Of Business: Text And Cases, 10th
10th Edition
ISBN: 9781337093897
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 7, Problem 2IS
Summary Introduction
Case summary:A federal law makes it mandatory for the generic drug makers to use labels on the drugs which are same as the brand-name versions of such drugs. The company B is a manufacturer of generic drugs, and its drugs are bought by a person H in Ohio. The person H wants to sue company B for defective labeling on the basis of its non-compliance with the Ohio state common law.
To find: The defense that might be used by company B to avoid liability.
Expert Solution & Answer
Want to see the full answer?
Check out a sample textbook solution
Students have asked these similar questions
Brian Cleary and Rita Burke filed a suit against cigarette maker Philip Morris USA, Inc., seeking class-action status for a claim of deceptive advertising. Cleary and Burke claimed that “light” cigarettes, such as Marlboro Lights, were advertised as safer than regular cigarettes, even though the health effects are the same. They contended that the tobacco companies concealed the true nature of light cigarettes. Philip Morris correctly claimed that it was authorized by the government to advertise cigarettes, including light cigarettes.
Assuming that is true, should the plaintiffs still be able to bring a deceptive advertising claim against the tobacco company? Why or why not?
the major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…
JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not?
Note:-
Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism.
Answer completely.
You will get up vote for sure.
Chapter 7 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card Cross/miller’s The Legal Environment Of Business: Text And Cases, 10th
Knowledge Booster
Similar questions
- Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory arisearrow_forwardThe National Cooperative Research and Production Act of 1993, 15 U.S.C. §§ 4301-06, exempts certain joint research, development and production activities from the per se rule of antitrust liability, and from the automatic award of attorneys’ fees to a plaintiff who successfully challenges such activities under the antitrust laws. For parties that notify the antitrust agencies of their intent to engage in such activities, it also requires “detrebling” – successful antitrust plaintiffs are entitled only to single damages. Do you support this legislation? Why or why not? Would you support extending these same protections to all competitive conduct that is subject to the US antitrust laws? Which categories of conduct would you include or exclude from such protection? Explain your reasoning.arrow_forwardSuture Express was a new upstart specializing in the medical supply network by selling only sutures. Owens & Minor was a medical supply distributor that carried all types of medical supplies, including sutures. Owens & Minor began bundling provisions that required its customers to pay a premium for all medical products unless the customer agreed to purchase its sutures. Suture Express brought suit alleging a loss to Owens & Minor through anticompetitive practices. Is this a tying situation that violates federal antitrust laws? Why or why not?arrow_forward
- Mr. Antipatiko filed a suit against Gerald, a registered medical technologist. Mr. Antipatiko went to the clinic and requested for Hepa B test needed for his employment. It was Gerald who obtained the blood from Mr. Antipatiko and consequently processed it for sampling. However, the test result indicated a “REACTIVE/POSITIVE”. Gerald performed another confirmatory test to ensure a reliable result. Still, the second test done had the same result. Gerald then issued the lab result indicating “REACTIVE/POSITIVE” after conformity with the Pathologist. Mr. Antipatiko was declined employment and was so furious and went to the clinic to confront Gerald stating that the result was inaccurate. He threatened Gerald saying that he will file an administrative case against him. If you were Gerald, how will you address and handle the situation? Provide your reason and basis to prevent the threatened suit.arrow_forwardIn 1923, DuPont was granted the exclusive right to make and sell cellophane in North America. In 1927, the company introduced a moisture-proof brand of cello- phane that was ideal for various wrapping needs. Although more expensive than most competing wrapping, it offered a desired combination of transparency, strength, and cost. Except for its permeability to gases, however, cellophane had no qualities that a number of competing materials did not possess as well. Cellophane sales increased dramatically, and by 1950, DuPont produced almost 75 percent of the cellophane sold in the United States. Nevertheless, sales of the material constituted less than 20 percent of the sales of “flexible packaging materials.” The United States brought an action, contending that by so dominating cellophane production, DuPont had monopolized a part of trade or commerce in violation of the Sherman Act. DuPont argued that it had not monopolized because it did not have the power to control the price of…arrow_forwardYou are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.arrow_forward
- In Arsenal Football Club v Reed [2003] CMLR 481, the court said that “the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin.”Discuss the tort of passing off in relation to the adoption or imitation of some business name or brand name and many other indications under which a product or service is being sold.NB. Use the case study of Kitwe Fried Chickens (KFC)arrow_forwardWrite a summary of the Commerce Clause and its effect on business activity, discussing the evolution of the Commerce Clause after reading: Gibbons v. Ogden, 22 U.S. 1 (1824); Wickard v. Filburn, 317 U.S. 111 (1942); Heart of Atlanta Motel Inc. v. United States, 379 U.S. 241 (1964);and United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995).arrow_forwardUsing the IRAC model to answer the question. Jim and Jane got married last Sunday. The next day they travelled to Extended Stay Hotel in Miami for their honeymoon. They arrived at the Hotel, checked in and proceeded to their room. At the back of the front door in their room was a notice excluding liability, which read that “ Extended Stay will not be responsible for articles lost or stolen, unless it is logged at the front desk for safe custody.” However, this exclusion clause could only be seen after the door is closed as well as, the actual notice was small and colored in black, with a white background. Regrettably, with all the excitement of their honeymoon, both Jim and Jane did not even notice the exclusion clause at the back of the door. One day when they were out shopping, someone came into their room and stole Jim’s laptop.…arrow_forward
- Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement. Describe the nature and classifications of property. Explain the difference between real property, personal property, and intellectual property. Which one would you rather own? Explain why. Provide an example of each.arrow_forwardAllison is an attorney representing Big Co. in trademark litigation. Allison fails to conduct marketresearch in advance of the trial to determine the extent to which consumers identify with the trademarkassociated with Big Co. Big Co. loses the litigation under a finding that the trademark is generic and notuniquely associated with it. Has Allison violated any duty she owed Big Co.? Discussarrow_forwardUnder the Environmental Policy and Conservation Act (EPCA), a designated federal agency sets fuel economy standards for new cars. The plaintiffs argued, among other things, that the EPCA, which explicitly prohibits states from adopting separate fuel economy standards, preempts states from adopting their own emission standards. Is the plaintiffs’ argument valid? Discuss.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education