LitSup_W3_A3

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Litigation and Support Management: Final Project

© 2012 South University

Final Project: Case Analysis: Acme Corporation Case

For the final project, you will study the Acme Corporation case and organize a Trial Notebook. A Trial

Notebook is an outline that a trial attorney will follow during a trial. It contains case pleadings, motions,

pre-trial orders, subpoenas, and copies of the deposition transcripts that will be used at the trial, copies of

documentary evidence, trial briefs, and proposed jury instructions. During the five weeks of the course,

you will prepare many documents that constitute a Trial Notebook.

Acme Corporation Case

Acme Corporation, incorporated in Delaware maintains its principal place of business at Denver,

Colorado. Acme manufactures and distributes vitamin supplements for sale in health food stores. The

manufacturing process involves the use of some chemicals that produce a toxic by-product. Corporate

profits are declining because of the costly production processes that Acme needs to use to prevent the

toxic material from contaminating the vitamin products. In addition, federal and state regulations

mandate a costly procedure to control the disposal of the toxic material.

The annual bonus of Robert Roe, President, Acme Corporation, is directly related to annual corporate

profits. He decides to implement procedures that will reduce costs and increase profits. These procedures

evade the toxic waste disposal requirements of the federal and state regulations. In addition, the

procedures bypass some of the safeguards used to prevent product contamination.

According to the new procedures, toxic waste from the production process is discharged to a dry

streambed. It is absorbed by the ground, and the ground water beneath the soil is contaminated. The toxic

waste causes severe and permanent damage to the digestive systems of hundreds of residents of a Denver

suburb whose water supply is drawn from the ground water that Acme is polluting.

Samuel Smith, a resident of the state of Nevada, is a 47 -year-old senior partner in a prestigious

accounting firm. He makes $170,000 per year. He purchases a bottle of Acme Corporation’s vitamin pills

from his local health store. Samuel takes a tablet as directed on the vitamin bottle. Within four hours,

Samuel collapses and dies due to poisoning. The medical examiner informs the Food and Drug

Administration (FDA) that there might be a link between the pills and Samuel’s demise. The FDA orders

Acme Corporation to recall all its vitamin products. A later evaluation by the Centers for Disease Control

(CDC) determines that a large number of people across the United States became ill or died after taking

contaminated Acme Corporation’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 Week 3, you will prepare the appropriate Request for Admissions.

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Litigation and Support Management: Final Project

© 2012 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 addition, you will put together a trial notebook using all the documents drafted for the final project.