Homework Case
A. The name and citation of the case (5 points)
John Hollar, Individually and as Fiduciary of the Estate of David Holla, Plaintiff vs. Philip Morris Incorporated, et al., Defendants Case No. 1:97 CV 00667
B. the name of the court which decided the case (3 points);
United States District Court For The Northern District Of Ohio, Eastern Division
C. the year of the decision (2 points);
1998
D. the facts of the case (5 points)
Defendants, tobacco company, tobacco institute, tobacco research firm filed a motion before the court to dismiss the amended complaint and for reconsideration of its motion to dismiss for lack of personal jurisdiction. Plaintiff injured smokers filed an action against defendants for numerous claims, including negligence, strict liability, fraud, and misrepresentation after some plaintiffs died as a result of smoking cigarettes.
E. the issue of the case (5 points)
To dismiss the amended complaint and the motion of TI for reconsideration of its motion to dismiss for lack of personal
F. the “decision” of the case (5 points)
The court denied the defendants, tobacco company, tobacco institute, tobacco research firm, motion to dismiss the complaint on the fraud and fraudulent concealment, civil conspiracy, and insufficiency of process, but granted defendants motion to dismiss on the implied warranty, strict liability, and negligent, willful and wanton misconduct claims because plaintiffs claims were governed by state law
G. the principle of law the case was used (cited) for in the case (5 points)
It was used for the “Implied Warranty Claim” a breach of implied warranty claim
H. Following the directions in the library, download a Word document copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points) (Your name must be in the automatically populated “note” area for full points for this.).
This is the link to the other case. I
John Hollar, Individually and as Fiduciary of the Estate of David Holla, Plaintiff vs. Philip Morris Incorporated, et al., Defendants Case No. 1:97 CV 00667
B. the name of the court which decided the case (3 points);
United States District Court For The Northern District Of Ohio, Eastern Division
C. the year of the decision (2 points);
1998
D. the facts of the case (5 points)
Defendants, tobacco company, tobacco institute, tobacco research firm filed a motion before the court to dismiss the amended complaint and for reconsideration of its motion to dismiss for lack of personal jurisdiction. Plaintiff injured smokers filed an action against defendants for numerous claims, including negligence, strict liability, fraud, and misrepresentation after some plaintiffs died as a result of smoking cigarettes.
E. the issue of the case (5 points)
To dismiss the amended complaint and the motion of TI for reconsideration of its motion to dismiss for lack of personal
F. the “decision” of the case (5 points)
The court denied the defendants, tobacco company, tobacco institute, tobacco research firm, motion to dismiss the complaint on the fraud and fraudulent concealment, civil conspiracy, and insufficiency of process, but granted defendants motion to dismiss on the implied warranty, strict liability, and negligent, willful and wanton misconduct claims because plaintiffs claims were governed by state law
G. the principle of law the case was used (cited) for in the case (5 points)
It was used for the “Implied Warranty Claim” a breach of implied warranty claim
H. Following the directions in the library, download a Word document copy of the case, and include your name in the “note” section of the download. Attach a copy of the document with your assignment this week. (10 points) (Your name must be in the automatically populated “note” area for full points for this.).
This is the link to the other case. I