Supremacy & Preemption issues

Question description

Ive uploaded a 2 Pictures to help you.

2 questions both are to use good F-IRAC form. Remember in the case of FIRAC we add a fuller fact summary prior to starting the IRAC. This is used to provide you enough facts to build your analysis. If a fact is given to you it is there for a reason. Each question is worth 100 points






Question 1 – 100 pts

Judicial Requirements: Jurisdiction in State Court, Venue in either Florida or North Carolina

Health Care Products, Inc. is a start-up Florida based pharmaceutical company. It is incorporated in Delaware, but its business offices, research department and production facilities are all located in Florida. Following Federal and State approvals for its new weight loss drug, Cal-Ban 3000, Health Care Products, Inc. began nationally marketing its new drug through newspaper advertisements

After seeing an advertisement for the weight loss drug, Cal -Ban 3000, in a North Carolina newspaper, the wife of the plaintiff Douglas Tart, a North Carolina resident, purchased the drug for her husband from an online retail store operated by defendant Prescott Pharmacies, Inc., a North Dakota corporation. No more than a week after the plaintiff’s beginning to take the drug had the plaintiff’s colon ruptured. Seeking remedies for his injury, allegedly as the direct result of his ingesting Cal-Ban 3000, the plaintiff filed suit in a North Carolina state court against defendant Prescott Pharmacies; Health Care Products, Inc., a Florida corporation and maker of Cal-Ban 3000; CKI Industries, the Florida corporation that markets Cal-Ban 3000; and other defendants. In response to the action, defendants Health Care Products and CKI questioned whether the due process clause of the Fourteenth Amendment precludes the North Carolina court from exercising jurisdiction in this case given that they were not legal residents of North Carolina. Defendant Prescott went further and questioned jurisdiction not only in North Carolina, but also in Florida, presumably if the plaintiff should choose to refile in Florida in the future.

Develop an IRAC for Judicial Requirement Issues only.

Question 2- 100pts

Consider Commerce Clause, Dormant Commerce Clause, Supremacy & Preemption issues

Golden is a privately-owned company engaged in the business of disposing toxic waste generated by mining companies. Golden operates pursuant to a license issued by the state of Alpha. This license authorizes Golden to contract with miners to provide the following services: (i) collection of toxic waste at mine sites, and (ii) transportation of that waste to Golden’s disposal station, which is in the State of Alpha Alpha, three miles from the border with the state of Beta.

In accordance with the authority granted by its license for the past 10 years Golden has contracted to provide services to miners in Alpha. Recently, Golden expanded its business to serve the miners in Beta and emerging battery businesses across the border in Beta.

Shortly after Golden extended its services to the Beta miners and plants, the residents of the town from which the toxic waste disposal station operates started complaining about the rash of skin irritations, and increased illness.

Prior to Golden’s expansion of service to the State of Beta miners and the battery business, the U.S. Congress has passed legislation promulgating standards for safe disposal of toxic materials including batteries.

The residents petitioned the State of Alpha to close Golden’s disposal station. Golden objected. The Commissioner held open hearings. Following the hearings, the state issued an order that the use of Golden’s disposal station would be limited to toxic waste from Alpha miners only. The Beta miners and battery businesses were barred from disposing of their toxic waste through Golden.

Both Golden and the State of Beta have filed suit against State of Alpha seeking to rescind the order. Develop a F-IRAC for the constitutional legal issues.