Benya was the Regional Director of all CVS pharmacies in Talbot County, Maryland. Back in the Spring of 2021, the CVS pharmacies in Talbot County began to administer the Johnson & Johnson, single-dose COVID vaccine. The vaccine was free for recipients, but each time CVS administered a vaccine, CVS billed the federal government $112.
Karen Lynch, the CEO of CVS, encouraged all regional managers to (1) administer vaccines correctly and safely and (2) administer as many vaccines as possible. She promised a bonus to the managers of regions that administered a certain number of vaccines per capita.
By late April of 2021, Benya was not administering as many vaccines as he had hoped, so he created the “Double Protection” marketing campaign. Under this campaign, all CVS pharmacies in his region created signs with slogans like, “Johnson & Johnson: One dose good. Two doses 2X better” and “Why not be twice as protected?”. Benya also told his pharmacy staff to schedule people for two Johnson & Johnson vaccine appointments, which they did.
The double-dose campaign was successful for a time, and Benya was on track to receive a bonus. However, since the Johnson & Johnson vaccine is not meant to be taken twice, some patients who had received double doses from Benya’s pharmacies began suffering from side effects.
In May, following an FBI investigation, the Department of Justice charged Benya and CVS with crimes. Can CVSbe held criminally liable for Benya’s actions? Note: this question is about CVS and not about an individual person.
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Jack â€œThe Attackâ€ Jackson is a Mixed Martial Arts (MMA) fighter who is famous for his ferocity. He has earned a lot of money by brutally beating his opponents during professional fighting matches.
After Jack breaks up with his girlfriend Jill, she publicly posts, â€œJack Jackson is a rabid dog. A [bad word] canine with rabies.â€ She posts that statement on a highly trafficked MMA discussion board. Thousands of people read Jillâ€™s statement about Jack, and Jack becomes known as Jack “The Rabid Attack Dog” Jackson to his fans.
Jack is upset. He comes to your office and asks whether he can successfully sue Jill for defamation.
Not yet graded / 0 pts
On August 1, 2021 Molten Lava Hot Tubs, Inc. agreed to install its leading brand of hot tub, the Volcano, on Susanâ€™s deck. Susan agreed to pay Molten Lava Hot Tubs $10,000 for the tub and installation.
Both parties signed an agreement and Molten Lava Hot Tubs knew that the maximum temperature of the tub was important to Susan. Susan told Molten Lava Hot Tubs, Inc. that she was “not at peace” with herself unless she sat in water that was at least 106 degrees for 6 hours per week. Molten Lava Hot Tubs Inc. assured Susan that the Volcano was the “hottest tub on the market” and “illegal in 7 states” (not Susan’s state) because it had a maximum temperature of 106 degrees. Those statements were true.
Molten Lava Hot Tubs completed the installation. Unfortunately, that particular tub’s maximum temperature was 105.95 degrees. Susan refuses to pay, and sues Molten Lava Hot Tubs demanding that they rip out the tub and install a new one, which would cost them $2,800. Molten Lava Hot Tubs countersues Susan, demanding payment.
How will a court rule in the Molten Lava Hot Tubs, Inc. v. Susan contract dispute?