Planet Hospital

Before starting this assignment, please read or view the following:
1. Re-read The Global Baby that you read for the first day of class (posted on Blackboard).
2.  Visit the Planet Hospital website at: www.planethospital.com.
3.  Watch this brief interview with the founder of Planet Hospital: http://www.youtube.com/watch?v=gk3h88h5pa4 (ignore the first 27 seconds)
4.  Watch this brief news report on a couple who are customers of Planet Hospital:

You do not need to do any research beyond the list above, however if you do, BE SURE to specify exactly what you used in footnotes.  You may discuss this assignment with your classmates, but do not look at anyone else’s written work, do not share any paper or portion of this paper electronically and do not write the assignment with anyone else.  The entire paper should be your writing.  This homework assignment is worth 15% of your final grade and is graded on the basis of 15 points.  You can make any reasonable (but only reasonable) inferences based on the facts of the Planet Hospital story.  This paper is due at the beginning of class on Wednesday, February 18.

1.  Assume the following .  The Swizers, who live in Texas, entered into a contract with Planet Hospital, which is incorporated and operates in California, for surrogacy.  Planet Hospital in California (PHC) is a wholly owned subsidiary of Planet Hospital in India (PHI). Assume further that the Swizer/PHC contract said nothing about jurisdiction.  The Swizers never leave Texas.  They send the necessary materials to PHC.  PHC sends the materials to PHI and PHI arranges for the artificial insemination of an Indian surrogate. Assume that the surrogate becomes pregnant but miscarries.  The Swizers learn that the surrogate had miscarried numerous times before and they want to bring suit against (A) Planet Hospital California; and (B) Planet Hospital India.  For each of these defendants, state whether the Swizers could bring a lawsuit (i) in Texas (ii) in California and (iii) in India.  Analyze each possibility separately and explain your answer, using the rules for determining jurisdiction.  (5 points)

2.  Regardless of your answer above, which country or state’s law should apply to the lawsuit? Assume there is nothing in the contract about this. Explain your answer, using the rule for determining which law applies (2.5 pts)

3. Pretend that after the Switzers’ case is over, PHI comes to you for advice. The CEO, Rudy Rupak, tells you he’s heard a bit about arbitration clauses.  He’s wondering what the advantages and disadvantages are of PHI using an arbitration clause in its contracts with patients and ultimately, whether you think he should include such a clause in PH contracts.  Be sure to answer this question in the context of contracts for PHI (not generally). (2.5 pts)

4.  Because of their experience with the lawsuit with the Switzers, PHI is now focused on minimizing the risk of having to defend lawsuits all over the place and decides it needs to include a contract provision addressing dispute resolution.  Mr. Rupak decides (regardless of your advice to him) that he does not want arbitration. He asks you to write a one-paragraph contract provision covering all the aspects necessary for dispute resolution. (Do not write an arbitration clause). (2.5 pts)

5. In order to improve the quality and accessibility of health care, assume the Government of India decides to partner with various private medical organizations €“ clinics, doctor’s offices, hospitals, pharmacies, etc. €“ and provides financial assistance, medical and other professional advice, and other support in exchange for a small percentage of profit.  The Indian government selects PHI for this program. Assume further that a PH customer (like the Swizers) here in the US sues PHI and the Government of India in California in connection with a surrogacy that did not work out.  Can the Government of India claim the Foreign Sovereign Immunities Act applies to bar the lawsuit? Explain your answer, using the rule for the FSIA. (2.5 pts)

TIP: Be sure to proofread and edit your paper. You can do a good job responding to these questions in about 4 or 5 pages, double-spaced