Begin by reviewing pp. 210-217 and 224-238 in the American Courts text and slide 7 and 8 in the Module 6 PPT. Then, read through the following scenarios. Determine how you would decide on each, considering whether you permit access to the courts for damages or injunctive relief in any or all. Think about your rationale for each scenario and, if you are not consistent, i.e. would permit access to courts for some but not others, be ready to explain why.
You are now ready for your initial posts. You see below four different scenarios where individuals who have been damaged sue those whom they blame in civil court. You will determine whether or not the case should be permitted to go forward on the basis of fairness, justice, or any other valid purpose. Please note that you are not being asked whether, in fact, there are cases that have been litigated for these matters: there are. You are being asked to give your opinion, with reasons and support, as to whether settling each of these disputes in court through the remedies available is a valid, acceptable, efficient, effective use of resources.
A woman, who has smoked cigarettes for 25 years, sues her brand’s manufacturer and tobacco grower for compensatory and punitive damages of $1M in tort when she develops lung cancer at the age of 50.
The family of a man who died in the Twin Towes on September 11 sues American Airlines, United Airlines and Logan Airport for negligence and wrongful death for compensatory and punitive damages of $1M.
A compulsive gambler who lost all of her money and put her family of seven into debt sues The Bellagio, her (former) favorite Las Vegas casino, for compensatory and punitive damages of $1M, for encouraging for gambling addiction.
A man who legally used a drug presecribed for severe migraines develops one of the known side effects: permanent nerve damage in his right arm and hand. He is unable to move his right arm and hand and is permanently unable to continue his profession as a construction worker. Although the label and the pharmacist clearly warned the man about this possible side effect and the drug and its label were approved by the FDA with this known possible side effect, the man sues the drug manufacturer and distributor for compensatory and punitive damages of $1M.
Post separately for each scenario, indicating in the subject line whether you would allow or prohibit access to civil court for each one, e.g. for scenario 1 subject line might read “No access for smoker.” This will make it easier for you and your classmates to find posts with which they disagree in order to debate. Be sure to fully support your position with the best arguments you can muster. This is a debate and winning is fun! When using facts to support your point, be sure to cite to reliable sources. This will make your argument stronger.
