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Civil Procedure Keyed to Cound
Merrell Dow Pharmaceuticals Inc. v. Thompson
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiffs, residents of Canada and Scotland, sued Defendants, one of whom was Merrell Dow, for negligence in Ohio stateState Court based on injuries allegedly sustained by ingesting the drug Bendectin. One of the counts alleged that the conduct was negligence per se in violating the federal Food, Drug and Cosmetic Act. Defendant filed a petition for removal to federal court claiming there was federal question jurisdiction over the cause of action because the negligence per se count “arose” from federal law. The case was removed to federal court. Plaintiffs filed a motion to remand back to state court, which was denied. The federal court granted Defendants’ motion to dismiss for forum non conveniens. The Court of Appeals reversed, stating the action should be in state court. Defendants appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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