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Torts Keyed to Epstein
MacDonald v. Ortho Pharmaceutical Corp
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- 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.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- 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:
Plaintiff received a prescription for contraceptive pills (the pill). Defendant manufactured the pills. The pill dispenser contained a warning required by the United States Food and Drug Administration (FDA), stating that “oral contraceptives are powerful and effective drugs which can cause side effects in some users and should not be used at all by some women, ” and that “the most serious known side effect is abnormal blood clotting which can be fatal.” The word “stroke” did not appear either on the warning or the booklet referred to by the label. As a result of using these pills, Plaintiff suffered a stroke and permanent brain damage. Plaintiff sued Defendant, claiming that Defendant failed to properly warn consumers of the dangers associated with the pills. The jury found that Defendant’s pills caused Plaintiff’s injuries, and that Defendant was liable. However, after the jury verdict, the judge granted Defendant’s Motion for Judgment Notwithstanding the Verdict. The court stated that contraceptives are prescription drugs, and a manufacturer’s duty to warn the consumer is satisfied if the manufacturer gives adequate warnings to the prescribing physician. He concluded that the manufacturer has no duty to directly warn the consumer. Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.