Question

Crescendo Wellness produces and sells supplements designed to make people who take their pills feel more energetic and awake. The company's marketing compares the supplements to energy drinks, but without all the chemicals that are harmful for human consumption. Crescendo's primary distribution channel is the Internet. The company is headquartered in South San Francisco but since they started business last year, they have sold their product in 38 states in the U.S. Diane Goodman lives in Port Jefferson, New York. She bought 5 bottles of Crescendo's product online in September 2019. After taking the pills for a month as directed she developed ulcers in her stomach. She has been so ill that she hasn't worked since October 2019 and is on short-term disability leave for the foreseeable future. Diane has filed a lawsuit against Crescendo in Federal District Court in New York. She is claiming damages, stating Crescendo has negligently designed and manufactured a product that caused her irreparable harm. Crescendo has filed a motion to dismiss the action. You are the judge hearing the motion. What is your decision and how did you reach your conclusion

Answer 1

As a judge presented with Crescendo Wellness's motion to dismiss Diane Goodman's lawsuit over health problems caused by their product, the decision would likely be to deny the motion and allow the case to proceed, provided there are no procedural or jurisdictional issues. The allegation is supported by precedents of other dietary supplements causing harm, a concern that the FDA has highlighted.

Step-by-step explanation:

As I hear the motion to dismiss the case of Diane Goodman against Crescendo Wellness, I would need to consider several aspects before making a decision. Crescendo Wellness is being sued for negligently designing and manufacturing a product that allegedly caused health problems to a consumer. Such a lawsuit would typically fall under product liability law. The motion to dismiss could be based on various grounds such as jurisdictional issues, improper venue, or failure to state a claim upon which relief can be granted.

Given the serious nature of the claim, involving stomach ulcers and short-term disability, the court would likely examine the plaintiff's allegations in detail against the backdrop of reported issues with dietary supplements. The United States Food and Drug Administration (FDA) has reported health problems associated with dietary supplements, such as the case of the "natural" supplement Craze, which contained undisclosed amphetamine-like compounds. Instances such as these underscore the possibility of dietary supplements causing harm, lending some weight to the plaintiff's claim.

While as a judge I must remain impartial and not pre-judge the case, given the information presented and assuming there are no jurisdictional or procedural deficiencies with the lawsuit, there is likely enough merit in the complaint to avoid a dismissal at this early stage. The court may need more evidence, expert testimony, and legal arguments to determine whether Crescendo has indeed been negligent. Therefore, at this stage, the probability leans towards denying the motion to dismiss, allowing the case to proceed to discovery and potentially a trial where all the relevant facts can be fully examined.

Answer 2

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