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LEB 320F Featured Cases Exam Questions and AnswersPodias v. Mairs (Law/Ethics) - Answer -Case: Mairs was driving 2 friends (who were asleep) after all drank beer. Mairs lost control and struck motorcyclist Podias. All exited the car, no one called for assistance (instead called other ppl) then abandoned him, car ran over motorcyclist afterward. Mairs said he was alone, lied to police.
Plaintiff: Podias
Defendant: Mairs
Action: Sued for negligence and Mairs found liable, but Swanson and Newell granted summary judgment bc no legal duty to volunteer assistance.
Result: Reversed, Remanded. There is enough evidence to impose a duty on the defendants given the immediate danger the motorcyclist was in and the ease with which
the death could've been prevented through simple steps.
Bristol-Myers Squibb Co. (BMS) v. Superior Court (Personal Jurisdiction) - Answer -
Case: 600 mostly non-California residents filed against BMS(pharma company) in California for drug-related injuries. BMS incorp in Delaware and HQ in NY. 5 labs in , sales reps, and state-gvt advocacy office in Cali. Didn't develop the drug, manufacture, package, do marketing strategy, etc in Cali. Action: BMS filed special apppearance for lack of personal jurisdiction. Cali Supreme Court said they have special personal jurisdiction, BMS appealed.
Result: Reversed. No specific personal jurisdiction because too many nonresidents that didn't suffer harm in Cali and because specific conduct occurred elsewhere. Plus, not enough specific activities in Cali.
Gonzales v Raich (Commerce Clause) - Answer -Case: Legal to use medicinal marijuana, Raich grows her own for medicinal purposes (and recommended by physician). Raided by DEA, and sought relief.
Action: Ruled against Raich, then reversed. Attorney General Gonzales appealed.
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