BSHS 355 Week 3 Team Assignment Case Francine

 This document comprises BSHS 355 Week 3 Team Assignment Case Francine

Deadline: ( ), General Questions - General General Questions
 1)Danny and Marion Klein were injured when an aerial shell at a public fireworks exhibit went astray and exploded near them. They sued Pyrodyne Corp., the pyrotechnic company that was hired to set up and discharged the fireworks, alleging, among other things, that the company should be strictly liable for damages caused by the fireworks display. Will the court agree with the Kleins? a.Yes, because any time a person ignites aerial shells with the intention of sending them aloft to explode in the presence of large crowds knows that injuries can occur. b.Yes, because no matter how much care pyro technicians exercise they cannot eliminate the high risk inherent in setting off powerful explosives such as fireworks near crowds. c.No, because anyone who attends a fireworks display assumes the risk for the potential of injury that may occur. d.No, because all six of the factors needed to prove strict liability was not present. 2)Blue Cross and Blue Shield insurance companies (the Blues) provide 68 million Americans with health-care financing. The Blues have paid billions of dollars for care attributable to illnesses related to tobacco use. In an attempt to recover some of this amount, the Blues filed a suit in federal district court against tobacco companies and others, alleging fraudulent misrepresentation, and negligence among other things. The Blues claimed that beginning in 1953, the defendants conspired to addict millions of Americans, including members of Blue Cross Plans, to cigarettes and other tobacco products. The conspiracy involved misrepresentation about the safety of nicotine and its addictive properties, marketing efforts targeting children, and agreements not to produce or market safer cigarettes. The defendants’ success caused lung, throat, and other cancers, as well as heart disease, stroke, emphysema, and other illnesses. The defendants asked the court to dismiss the case on the grounds that the plaintiffs did not have the standing to sue. Do the Blues have standing to sue?  a.No, because the any injury to the plaintiffs was indirect and too remote to permit them to recover. b.No, because Blue’s injuries would be derivative of the smokers personal injuries and thus be impossible to separate from the smokers injuries. c.Yes, because the injuries and damages asked for from Blue were different than those suffered by smokers, in that they are asking to recover for monies expended in medical claims, and thus could be the basis of a case for the court to determine. d.Yes, because Blues argue that the cigarette industry involved them in a conspiracy to addict smokers and thus there injuries were foreseeable and directly related attributable to the defendants behavior. 3)The First Amendment protects Marco and others from a.Dissemination of obscene materials and speech that harms their good reputations or violates state criminal laws. b.Dissemination of obscene materials only. c.Speech that harms their good reputations or violates state criminal laws only. d.Neither dissemination of obscene materials nor speech that harms their good reputations or violates state criminal laws. 4)You see a spot in the market for a video game outlet. You open “GameBox” to profit from local sales, rentals, and exchanges. Hott Games Company promises to ship you a certain assortment of games and gear for your grand

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