LitSup_W3_A3

Page 1 of 2 Litigation and Support Management : Final Project © 20 12 South University Final Project : Case Analysis: Acme Corporation Case For the fina l project, you will study the Acme Corporation case and organ ize a Trial Notebo ok. A Trial Noteb ook is an ou tline tha t a trial attorne y will follow du ring a trial. It c on tains case plea ding s, motion s, pre-trial orde rs, subp oena s, and c op ies of the depo sition tran scr ipts that will be used at the trial, cop ies of do cumen tary evidence, trial briefs, an d prop osed jury instruction s. During the five wee ks of the course, you will prep are many do cumen ts that con stitute a Trial Noteboo k. Acme Corporation Case Acme Corpo ration , incorpo rated in Delaware maintains its principal place of bu siness at Den ver, Colorado. A cme manufactures and distribu tes vitamin supp lemen ts for sale in hea lth foo d stores. The manu facturing process involves the use of s ome che micals that prod uce a toxic by-product. Corporate profits are de clining be cause of the costly produ ction processes tha t Acme need s to use to prevent the toxic material from con tamina ting the vitamin products. In add ition, fede ral an d state reg ulation s man date a costly procedu re to control the disposal o f the toxic material. The annua l bonu s of Robe rt Roe , Pr esiden t, Acme Corpo ration , is directly related to annua l corpo rate profits. He de cide s to implemen t procedu res that will redu ce c osts an d increa se profits. The se procedures evad e the toxic waste disposal requ iremen ts of the fede ral an d state regu lations . In add ition, the procedures b ypa ss some of the safegua rds used to prevent prod uct con tamination. Acc ording to the ne w procedu res, toxic waste from the prod uction process is discharge d to a dry streambed . It is ab sorbe d by the grou nd, an d the grou nd water ben eath the soil is con tamina ted. The toxic waste cau ses severe and pe rm anen t damage to the dige stive sys tems of hund red s of residen ts of a Denver suburb who se water supp ly is drawn from the groun d water that Acme is po lluting. Samue l Sm ith, a residen t of the state of Nevada, is a 47 -year-old senior partner in a prestigiou s acc ounting firm. He makes $17 0,00 0 per year. He pu rchases a bo ttle of Acme Corpo ration ’s vitamin pills from his local health store. Samuel takes a tab let as directed on the vitamin bo ttle. W ithin fou r hou rs, Samuel collap ses an d dies due to poison ing . The medical examine r informs the Food and Drug Administration (FDA) tha t the re migh t be a link betwe en the pills and Samue l’s demise. The FDA orders Acme Corpo ration to recall all its vitamin prod ucts. A later evalua tion by the Cen ters for Disea se Control (CD C) de term ine s that a large nu mber of peop le across the United States be came ill or died after taking con taminated Acme Corpo ration ’s vitamin pills. Through the course, you will complete the following:  In Week 1 , you will prepare a class action complaint against Acme Corporation.  In Week 2 , you will prepare a Subpoena Duces Tecum for Acme Corporation seeking their product safety procedures, hazardous waste disposal procedures, and other such records.  In We ek 3 , you will prepare the appropriate Request for Admissions . Page 2 of 2 Litigation and Support Management : Final Project © 20 12 South University  In Week 4 , you will prepare a Rule 37 based on the opposing party’s failure to respond to the interrogatories.  In Week 5 , you will prepare a Notice of Appeal against Acme Corporation . In additi on, you will put together a trial notebook using all the documents drafted for the final project.