Defendant DePuy Orthopaedics, Inc. (“DePuy”) seeks partial summary judgment as to Plaintiffs’ express and implied warranty claims. Defendants claim Plaintiffs have failed to prove contractual privity, as required by California law to claim breach of warranty, and, as to Plaintiffs’ claim for breach of implied warranty of fitness, DePuy argues that Plaintiffs cannot show the specific purpose for which Plaintiffs would use the Pinnacle metal-on-mental (“MoM”) hip system. Defendants arguments are without merit – Plaintiffs’ evidence shows that DePuy’s marketing heavily promoted the device specifically for young, active patients, a purpose specific enough to meet the requirements of California law. Furthermore, Plaintiffs have satisfied …show more content…
Com. Code § 2315. Under section 2315, an implied warranty of fitness for a particular purpose exists where the seller at the time of contracting has reason to know (a) any particular purpose for which goods are required, and (b) that the buyer is relying on the seller 's skill or judgment to select or to furnish suitable goods for such purpose. Id. Usually, a “particular purpose” differs from an “ordinary purpose” in that it “envisages a specific use by the buyer which is peculiar to the nature of his business,” while the ordinary purposes for which goods are used are “those envisaged in the concept of merchantability and go to uses which are customarily made of the goods in question.” Am. Suzuki Motor Corp. v. Superior Court, 44 Cal. Rptr. 2d 526 (Ct. App. 1995), as modified on denial of reh 'g (Sept. 21, 1995); see also Cal. Com. Code § 2315, cmt.2. “For example, shoes are generally used for the purpose of walking upon ordinary ground, but a seller may know that a particular pair was selected to be used for climbing mountains.” Id. The implied warranty of fitness “is breached if the seller 's product is not in fact suitable for the use intended by …show more content…
Com. Code § 2315 (emphasis added); see also Keith v. Buchanan, 220 Cal. Rptr. 392, 399 (Ct. App. 1985) (“The major question in determining the existence of an implied warranty of fitness for a particular purpose is the reliance by the buyer upon the skill and judgment of the seller to select an article suitable for his needs.”). California law clearly places the focus on the seller’s knowledge of the purpose for which the goods are required and the reliance on the seller’s skill and judgment in selecting suitable goods for that purpose: any particular purpose will suffice, so long as the seller has reason to know about
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Case: 791 F2d 189 Thompson Medical Co. Inc. v. Federal Trade Commission Facts: This case concerns a complaint brought by the Federal Trade Commission ("FTC" or "Commission") against petitioner Thompson Medical Company under Secs. The Commission ordered Thompson to refrain from making unsubstantiated claims that Aspercreme is effective and to disclose in the product 's labeling and advertising that it does not contain aspirin. Thompson challenges the FTC 's order as arbitrary and capricious, contrary to public policy, unsupported by substantial evidence, and discordant with applicable Commission precedent.
In order to maintain a claim regarding medical malpractice, a plaintiff must show 1) a duty owed to the plaintiff by the defendant (inherent, voluntary, or statutory) 2) a breach of the duty by allowing the conduct to fall below the standard of care, and 3) a compensable injury proximately caused by the defendant’s breach of duty. Carey was able to establish an inherent duty was owed to him by Connelly but was not able to provide evidence to support his claim about the breach of duty by conduct or that his injury was caused solely by the conduct of
I wanted to give you the respect of a face to face explanation of the issues I found in your medical records, which I believe will make it impossible to recover substantial compensation in this matter. Since we have not been able to meet in person, I will briefly explain why I do not want to pursue this case. The UMDNJ hosptial record for your ER visit on April 7, 2015 indicates “patient states he is using crutches at home secondary to a previous left hip replacement that is recalled and he is waiting for surgery, he missed his step on a loose floor board in the house tonight and fell onto his left side.” You “complained of pain in the left shoulder and unable to fully abduct his arm and also has pain in the left hip area and left
When examining the case of the State of California against Dr Zhou, we can clearly conclude that the HIPAA law of which was convicted of violated is not just words written on paper to buy patients' confidence, it is meaningful law set in place to protect patient privacy and any ones violating this law, regardless of your position in the health care field can be persecuted punished for violating the law, even in the absence damages evidence resulting from the violation of the law. The purpose of this post is to discuss the case of the State of California against the physician, Dr Huping Zhou, in this post I will review the HIPAA law, penalties for violation of the law and why I felt that Doctor Zhou was very fortunate for his punishments four
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
This was affirmed due to the trial court's findings that an oral agreement existed between Nancy and Louis, and through its judgment in Nancy's favor breach of contract claim against Louis, the court decided to vacate the judgment in Nancy's favor on her unjust
implies a term that the goods are free from any undisclosed charge or encumbrance. This applies where for example goods which are still subject to hp terms have been sold without telling the purchaser of the hp agreement or where any other debt has been secured on the goods. This term is only a warranty so whilst the purchaser can claim for any loss caused by the charge or encumbrance they can not end the contract.
Health Insurance Portability and Accountability Act established in 1996 sets standards for health care information. These laws protect patient’s sensitive health information. The purpose of this discussion is to review a former UCLA employee’s HIPAA violation. Additionally, HIPAA laws and penalties for violation up for examination. Ending this discussion with the possible charges that the employee may receive.
Commercial and Commercial-Type Products According to the Federal Acquisition Regulations (FAR) “Commercial item” means any item, other than real property, customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and has been sold, leased, or licensed to the general public, or has been offered for sale, lease, or license to the general public. A “commercially available off-the-shelf” (COTS) item is any item or supply (including construction material) that is a commercial item sold in substantial quantities in the commercial marketplace, and offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
When a patient enters a hospital, he/she usually places a high level of trust within that nurse/doctor. Trust, is very essential in all forms of health care. Business wise, it becomes influential and encourages the use of the health care facility and services which is very beneficial and effective to the health system. When that trust is violated, patients tend to find alternative methods of care or professionals. Ultimately, violations of the HIPAA law should not be made.
Some sort of. To. Still University or college (ATSU) is which the advantages business connected with osteopathic care, recognized throughout 1892 through Apostle Taylor Still. To be a primary well being sciences college or university, ATSU is comprised of a couple of campuses (Kirksville, Mo., as well as Mesa, Ariz. ) upon more than 200 acres having six to eight exclusive institutions. Studying environments grasp household as well as on-line care linked graduate student degrees furthermore seeing that community-based partnerships world-wide.
Goldratt believes that physical restraints are easier to identify. If the time constraint is overcome by company, another constraint will appear in store. Often appear market restrictions (when there is insufficient demand for any product), this situation sometimes makes managers think that the constraint is out of their control as they are only the provider of other’s products to the direct customer. On many other occasions, the constraint is self-created by the same management through the definition of internal policies. Goldratt, "hardly find a company with a real market restriction, as all are with ruinous policies marketing restrictions” (Oglethorpe and Heron, 2013).