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Torts Keyed to Goldberg
Freeman v. Hoffman-La Roche, Inc.
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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.
- 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:
Aimee Freeman (plaintiff) was prescribed Accutane to treat chronic acne. She used it for less than two months. She later sued Hoffman-La Roche, Inc. (defendant), Accutane’s manufacturer and distributor, alleging that the drug caused her to develop medical problems including ulcerative colitis, inflammatory polyarthritis, and visual impairment.Freeman claimed to be entitled to recover against Hoffman-La Roche based on (1) strict liability due to design defect, (2) negligent creation of the drug, (3) misrepresentation that Accutane was safe to use, (4) failure to warn, (5) breach of implied warranty, (6) breach of express warranty, and (7) mental distress brought about by future fears of the product’s effects. The Nebraska trial court sustained Hoffman La-Roche’s demurrer to Freeman’s complaint on the basis ofMcDaniel v. McNeil Laboratories, Inc., 241 N.W.2d 822 (Neb. 1976). Freeman 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.