Firms rarely take products off the market just because of the potential that some idiot can misuse the product. Some products can be misused somehow and way too often the misuse is intentional on the part of the buyer. A good example of this are Pharmaceutical products. A product is usually recalled only when significant harm results from normal use or if the product contains a feature that is known to cause harm, such as …show more content…
During the course of the suit, Discount files a motion for judgment on the pleadings, Elements files a motion for a directed verdict, and both parties file motions for summary judgment. Discuss when and for what purpose each of these motions would be made.
Motion for judgment on the pleadings is a party’s request to the court to rule in his/her favor based on the pleadings on file, without accepting evidence, as when the outcome of the case rests on the court's interpretation of the law. A motion asking the court to issue a directed verdict. This motion is made before a case is submitted to the jury, and argues that no reasonable jury could find for the opposing party (i.e., whatever evidence exists for such ruling is legally insufficient). After a lawsuit is filed, the plaintiff (the party suing) or the defendant (the party being sued) can file a motion for summary judgment. By making a motion for summary judgment, the moving party claims that all necessary factual issues are resolved or need not be tried because they are so