anything Honda designed. Honda without saying or publicizing anything allowed the court decision to turn public opinion around. Honda let the public form its’ own opinions on the court decision; ultimately the public decided that the Honda case was a frivolous lawsuit brought by a grieving family and had no legal standing. The Honda management team made some missteps along the way but in the end came through to legally defend its products and assemble public support.
A frivolous lawsuit is a lawsuit that is filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims (Legal). Sometimes, this lawsuit is pointed at an entire organization because of an injury or problem caused by something they provide to consumers. Sometimes, they actually win. A number of economic resources that go into these lawsuits, being time and money, is outrageous (Post). There is a multitude of other possibilities
unless the claimant has suffered permanent loss of a bodily function, dismemberment or disfigurement; and satisfies a medical expense threshold. New York urgently needs to follow suit, because it is a sitting duck for frivolous tort litigation. New York is in the grip of a litigation explosion that is clogging their courts and slowing their economy. According to the “Tort Reformer” over 84,000 new lawsuits are brought every year...that’s the equivalent of more than 300 suits being filed on every
negligence. The cost of liability is reasonable when compared to total revenues, and in light of a CPA's public responsibility. Indemnity insurance spreads risk in the aggregate therefore removing the element of risk at the f irm level. The threat of litigation provides public accountants with a deterrent against negligent work. Finally, the results of lawsuits cause the profession itself to implement new standards. (Bolinger p.54) The AICPA and its supporters have developed their argument based on
Gender Equality and the Law One of Ruth Bader Ginsburg’s primary goals of the Women’s Rights Project’s litigation was to prove that stereotypical treatment of gender under the law was unconstitutional. It was Ginsburg’s goal to make the Court realize that “the law’s differential treatment of men and women, rationalized as reflecting “natural” differences between the sexes, historically had tended to contribute to women’s subordination” (Ginsburg 11). Ginsburg carefully selected cases which she
planning to double its current number of restaurants here by 2003. Behind the lines of customers eager for a burger, the Brazilian franchisees are having a hard time financially. According to an estimate made by franchisees that are in judicial litigation against the fast food chain, around 80% of the 152 franchisees that own half of the stores in Brazil are having difficulty to make ends meet at the end of the month(McDonald's 1). Some decided to sell their business. Others decided to fight.
In this age of endless lawsuits and litigation from everyone suing everyone else, one must ask the question “where does product liability end and consumer responsibility begin?” This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum, the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side, we have the cigarette industry where the CEOs of
of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative
to sue for his freedom including the opinion of his previous owners, the Blows. 188 It is also possible that his original lawyer Samuel Mansfield Bay saw opportunities for a large reward due to his services to Scott, and initiated litigation. For example, some feel that Bay’s “object was to pave the way for a suit against the Emerson estate for the twelve years’ wages to which Scott would be entitled to,” (Herda, 29) should he win the case. This shows that, money could have been the
also come an increase in accidents. Accidents like the 1997 Long E-Z crash that killed John Denver have raised questions about who is legally liable: the kit manufacturer, amateur builder, or pilot? (Kolczynski, 1) Homebuilt aircraft liability litigation is expected to develop into a booming new industry in the coming future. During the 1970s and 80s production of single engine factory built aircraft has virtually come to a halt. With many product liability lawsuits, which led to large verdicts
harassment” became highly publicized in 1975 as activists and writers began addressing the problem. Shortly after 1980, articles and publications in regards to sexual harassment spread rampantly as the result of congressional hearings, increased litigation, and the adoption of the Equal Employment Opportunity Commission guidelines. Harassment on the basis of sex is a violation of Title VII of the Civil Right Act 1964. Title VII states, “Unwelcome sexual advances, requests for sexual favors and
the suspension and punishment were a violation of his son's First Amendment right to freedom of speech. The father sought injunctive and monetary damages under 42 U.S.C. of 1983. The district court awarded the student $278 in damages, $12,750 in litigation costs and attorney's fees, and ordered the school district not to prevent the student from speaking at the commencement ceremonies. The school district appealed the decision, arguing that the speech had a disruptive effect on the educational process
Dating back to the 16th century, spouses were not deemed to be competent to testify evidence against their spouse. The reasons were a lot simpler than they are today. Anyone with a perceived interest in litigation was deemed to be biased and therefore unfit to testify. Under common law spouses are considered to be one and the same. Since the 16th century the issue of spouse’s and their ability to give evidence against their partners has become more and more complicated. Modern day courts rely more
because: “they do not want to be bothered, because they think only the student who cheated is actually harmed, or because of the unpleasant bureaucracy and documentation ramifications” (Moeck 484). Alschuler and Blimling add to this list the fear of litigation, student reprisals, administrative reprimands and lack of support (124). With such diversity and outright dissention among teachers, finding solutions to these problems will require not only a common purpose but also an understanding of what may
preventing sexual harassment in schools and workplaces. What Institutions Can Do The Supreme Court's recent rulings are motivating employers to take actions that reflect their compliance with federal laws as protection against sexual harassment litigation. Emerging from the literature on sexual harassment prevention are three key steps that employers can take to counter sexual harassment (Kimble-Ellis 1998; "Protecting Employees" 1998): 1. Develop a strong company policy that specifies in writing
United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments. GIDEON v. WAINWRIGHT In June 1961, Clarence Gideon was arrested and charged with breaking and entering in Bay Harbor. He was tried in a Florida Circuit Court in August 1961. Gideon stated in Court that he was unable to afford a lawyer and asked the Judge to appoint one for him. The Judge
the parties may avoid litigation as provided for under the above said statute. Certainly, this is a matter that should not have to be litigated and Mr. and Mrs. Haskell consider some of your salespersons to be friends. In February of this year, you were the salesman that sold a car to Mr. and Mrs. Henry Haskell. As well, you are in the custody of funds, belonging to the Haskells’ that arose from this tentative transaction. It has become apparent that there is a valid litigation that could be charged
Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game? Americans file about 15 million lawsuits
We Must Put an End to Frivolous Inmate Lawsuits Our forefathers were bright enough to establish a system of government with a series of checks and balances to maintain a balanced government. For the past decade a series of checks and balances has begun to fail our government. In our failing system of government inmates have taken advantage of the court system and have flooded it with an inconceivable number of frivolous lawsuits. Laurel Walters, a writer for the Christian Science Monitor, investigated
This includes how litigious Americans are, the recent explosion of tort litigation, frivolous lawsuits, litigation lottery, and jumbo verdicts, This argument assumes that Americans are suing one another every chance they get. If this were true, it would be a significant concern. There is little empirical support for the alleged explosion of tort litigation. For example, from the 1980s to the early 2000s, tort cases filed in Texas, generally considered an active