Brief a case Assignment Example | Topics and Well Written Essays - 500 words

Brief a case - Assignment Example She appealed to the Supreme Court California, which reversed the sentence. The legal question presented to the Supreme Court was if it was known that a certain group of defendants was negligent but not clear specifically who was directly responsible, can a plaintiff sue the main companies involved as per the market share statistics? The Supreme Court determined that the plaintiff could recover against the manufacturers that are already known with respect to the market share concept. The Supreme Court added that for such a case to suffice, the plaintiff must present a number of the main distributors. However, if the defendant could prove that they were not responsible for the harm caused, then they could be dismissed from the case. The reasoning used here was that the defendants should not be let off simply because the plaintiff does not have a way of identifying those responsible. In addition, in such sensitive cases as medication, the consumer is deemed helpless to protect themselves from any harm that may come from the drugs that they take. The defendant s would also be in a better position to bear the cost of an injury that results from manufacturing of a defective drug. This was a trademark infringement case where Coca-Cola Company was seeking to enjoin Koke Company of America from continuing to use the word ‘Koke’ in their products. On the defense, Koke maintained that using Coca-Cola name in its brands the Coca-Cola Company represented usage of cocaine in its products. From the side of the Coca-Cola Company, it should retain the usage of this name. This came as a result of increased sales by the Coca-Cola Company implying that this company did not want to share any work which sounded similar to the one it used (Clarkson et al. 157). The case was ruled against Coca-Cola Company, which appealed to the U.S Supreme Court. The legal question presented before