Wednesday, November 6, 2019

What was the result in Wyeth v. Levine, the case in which the plaintiff sued the defending drug company claiming the defendant improperly labeled a drug regarding intravenous injection?

Courts using the market share theory generally require that the plaintiff prove which of the following? 
A. All defendants are tortfeasors.
B. The allegedly harmful products are identical and share the same defective qualities.
C. The plaintiff is unable to identify which defendant caused her injury, through no fault of her own.
D. The manufacturers who sold substantially all the defective products in the relevant area and during the relevant time are named as defendants.
E. All of the above.
Courts using the market share theory generally require that the plaintiff prove that (1) all defendants are tortfeasors; (2) the allegedly harmful products are identical and share the same defective qualities; (3) the plaintiff is unable to identify which defendant caused her injury, through no fault of her own; and (4) the manufacturers of substantially all the defective products in the relevant area and during the relevant time are named as defendants.

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect? 
A. The lawsuit was dismissed because of the court's decision that sperm is not a product.
B. The lawsuit was dismissed because of the court's decision that the plaintiffs had suffered no damages.
C. The lawsuit was dismissed because of the court's decision that the sperm was not defective.
D. The lawsuit was not dismissed, and the court ruled that a sperm bank could be sued under product liability laws.
E. The lawsuit was not dismissed, and the court awarded damages to the plaintiff based upon the costs of raising the child at issue.
The case was the first decision to hold that a sperm bank could be sued under product liability theories for the sperm it provides.

What was the result in Wyeth v. Levine, the case in which the plaintiff sued the defending drug company claiming the defendant improperly labeled a drug regarding intravenous injection? 
A. That the case should be dismissed because the defendant could not be subjected to both federal and state law.
B. That the case should be dismissed because state law was preempted by federal law.
C. Both that the case should be dismissed because the defendant could not be subjected to both federal and state law, and that the case should be dismissed because state law was preempted by federal law.
D. That the jury verdict would be upheld because the defendant could comply with its state and federal law obligations.
E. That the jury verdict would be upheld because Wyeth failed to submit evidence that the plaintiff was guilty of comparative negligence.
According to the Supreme Court, "it is not impossible for Wyeth to comply with its state and federal law obligations and that Levine's common-law claims do not stand as an obstacle to the accomplishment of Congress' purposes in the FDCA [Food, Drug, and Cosmetic Act]."

Under which of the following theories of product liability can a plaintiff recover solely for economic damage? 
A. Product responsibility
B. Strict liability
C. Breach of warranty
D. All the above
E. Strict liability and breach of warranty, but not product responsibility

Japanese law fails to recognize fault of the part of the consumer in product liability cases, and manufacturers must bear the full burden when a product is found to be defective.
FALSE

Which of the following was the result in Radford v. Wells Fargo Bank, the case in the text in which the plaintiff sued claiming that a mortgage loan was a defective product?
Recognizing that product liability focuses on tangible items, the court ruled that a loan is not a product for purposes of product liability law.

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