Please answer the questions posed at the end case study in essay format. Please respond to each question completely and accurately. Your essay will be judged on your ability to spot the relevant issues and capacity to present strong, analytical and logical discussions that support your conclusions.
Betty Bashful is the editor-in-chief of the student-run college newspaper at Any State University (ASU). One of Betty’s student informants, affectionately known as “Snitch,” tells her that ASU administration is going to raise the cost of tuition because the president, Dr. Howard Pickles, wants to install a Hawaiian-themed patio area. Under the guise of discussing the quality of food in the university cafeteria, Betty invited Dr. Pickles to her off-campus newspaper office for an interview. Once the interview begins, Betty starts heatedly throwing accusations at Dr. Pickles about his plan raise tuition simply to fund his home renovations. Feeling embarrassed, Dr. Pickles gets up to leave and Betty quickly locks the door and swallows the key. Snitch had been snooping outside of Betty’s office window listening in on the interview. In an effort to help free Dr. Pickles, Snitch throws a big rock through the office window. The glass shattered and the rock hits Betty in the head.
Dr. Pickles calls 9-1-1 to report Betty’s behavior and injury. As the ambulance arrives and the EMTs are carrying Betty out on a stretcher, her best friend Veronica arrives at the office. Veronica, upset at the sight of an injured Betty, screams and collapses to the ground. The EMTs take out a second stretcher and whisk both girls away to the hospital. The police arrive at the newspaper office and Dr. Pickles demands that they search the office for any documentation relating to his supposed home improvements.
The police conducted a thorough search of the office and seize handwritten notes from Betty’s desk. The following week, Dr. Pickles sends an email to Betty demanding that she refrain from publishing articles relating to the tuition increase or his intentions to install improvements in his backyard. He states that, moving forward, he wants to review all newspaper articles before they are published and that he will ban any topics he does not feel are appropriate.
As a result of the ordeal, Veronica develops a panic disorder and is prescribed medication by her doctor. The only warning indicated for the medication is that it can cause the growth of excessive body hair. A few months later, Veronica started suffering from migraine headaches. She never suspected that the migraines might be caused by the medication. Veronica decided to contact an attorney in order to file a lawsuit against the manufacturer of medication, Medi-Made Incorporated. Medi-Made responded to the attorney with a letter stating that the pill bottle contained a disclaimer that all patients who use the medication agree to resolve all disputes through arbitration rather than litigation.
Address all of the following questions in your essay:
● Were any constitutional rights violated in this case? If so, which ones.
● Explore the tort theories of assault, battery, and trespass and discuss how they apply in this case.
● Who should be held liable for damages and what damages might be available to the plaintiff?
● If you were in charge of manufacturing Veronica’s medication, would you consider it your ethical obligation to list all potential illnesses that may result from your product? Discuss why or why not.
● Should Veronica be forced to settle her claim through arbitration? Discuss why or why not.
● Presume that Veronica does not want to enter into arbitration with Medi-Made. What other forms of alternative dispute resolution might be available to her?
