...The High Cost of Low Price: By the end of 2012, it has been estimated that an average 5,000 lawsuits filed against Wal-Mart each year. “According to Forbes magazine when an employee starts his shift at 9A.M, three lawsuits will be filed against the company by the time he or she takes a coffee break at 10:30 A.M” (Riper, 2005). Walmart management has violated several employment laws, and they were aware for many years that they had problems companywide concerning Fair Labor Standard Act, but they still chose to ignore it without any sufficient action. The following are just few highlighted and noted violation Walmart has made: * Extensive violation of Child labor * Sexual discrimination (different wages and promotion standards for men and women) * Exploitation of illegal immigrants. * Violation of state regulation, requiring time for breaks and meals. An internal audit of Walmart for one week of time record indicated the following: * 60,767 missed breaks * 15,705 lost meal times * 1,371 instances of minors working long hours or during school hours. Despite the knowledge of this violation's by the management, they still continued to take place till someone filed a lawsuit against the organization. Since 1999 Walmart has settled multiple lawsuits amounting in excess of $500 million. Even with these lawsuits the company hasn't changed the way it handles the employee issues. As of now Walmart has 76 wages, hour and overtime cases still pending against...
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...December 31 2007, your company determined that a loss in connection to the claim was probable. • The company estimated a loss between 15 and $20 million USD. • $17 million USD was named as the most likely amount of loss. • A jury trial took place on September 2009. • On September 24 2009 the jury found in favor of W. • The judgment required your company to pay W $18.5 million USD. • In November 2009, your company filed an appeal. • In December 2010, the court of appeals overturned the jury verdict and the $18.5 million judgement. • On January 6th 2011 W filed a petition for re-hearing. • On February 10, 2011, the appellate judges declined W’s petition. • On February 28 2011, the company’s management determined that the lawsuit was closed. Specific Issue 1: For the year ended December 31 2007, financial statements, what amounts should the company record as a liability? Options: The company could record the liability at 15 million, $17 million, or $20 million. Before deciding what amount to accrue, we should determine if the contingency qualifies for accrual. According to ASC 450-20-25-2, a loss contingency must be accrued if “the information available…indicates that it is probable that… a liability had been incurred at the date of the financial statements, and the amount of loss can be reasonably estimated.” Your company’s management has determined that the loss is probable, and has estimated a range for the amount of loss. Based on this information...
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...dispute resolution methods, which assist in resolving disputes at an expedited rate. There are various applications where ADR can be used as a helpful resolution tool with in civil cases as long as there is a mediation, settlement, and or arbitration. For example with in mediation this process becomes important as long as there is an equal compromise and a desire to preserve a relationship between both parties. For the case highlighted such is not the scenario in MICHAEL AVERY et al., Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY . The class action lawsuit stated State farm proven to prefer non original equipment parts as a less expensive replacement part to “crash parts” therefore further assisting in decreasing the value of the vehicle and creating additional non factory hazards violating contract agreements to restore vehicle back to factory standards and thus committing consumer fraud. Recommendations The cost of settling out of court would have been wise, while not being blamed at fault for a negligent business practice and poor assessment. As a result using the Traditional court system the Plaintiffs claimed to the judgment that ending the breach of contract and statutory consumer fraud, in addition to a claim seeking declaratory and injunctive relief. As a result the ADR process was not used. The jury returned a verdict in favor...
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...Law Case analysis MONTGOMERY ELEVATOR COMPANY, a Delaware Corporation authorized to do business in the State of Colorado, Petitioner, v. Brenda GORDON, Respondent No. 79SC207 Supreme Court of Colorado 619 P.2d 66; 1980 Colo. LEXIS 770 November 10, 1980 Parties: Brenda Gordon: Plaintiff in the first instance Appellant in the second instance Montgomery Elevator Company (Elevator maintenance company) Defendant in the first instance Appellee in the second instance Westinghouse Electric Corporation (Elevator manufacturer company) Defendant in the first instance Facts: Brenda Gordon was injured when she attempted to exit from an elevator in the Hilton Hotel in Denver, where she was employed. The elevator door closed after she and another hotel employee, Ernest Yogley, had entered it. The elevator did not move. Instead, the door reopened slightly, but the opening was not wide enough to allow the passengers to exit. With the assistance of a third employee who was outside the elevator, Yogley opened the door enough to get out. As Gordon attempted to exit, however, the door began to close, pinning her between the door and the wall of the elevator. In attempting to free herself, she was injured. Issues: First instance: Did the defendants have the negligence action on plaintiff’s injury? Did the plaintiff establish the defendants' negligence of the doctrine of res ipsa loquitur? Is the plaintiff free from contributory negligence? Second instance: Did...
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...State of Confusion Paper BUS/415 There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This...
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...MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S MOTION TO DISMISS OR STAY OF A PERMANENT INJUNCTION I. INTRODUCTION This Memorandum of Points and Authority is submitted by Floyd Industries, LLC, and Sandra Floyd (herein collectively referred to as “Petitioners”) in opposition to Orin Rettick (“Rettick”)’s motion to dismiss, or in the alternative, for a stay of a permanent injunction filed by Petitioners in this Court. Petitioners request this Court to grant Petitioners’ request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe. The Tribal Court of the Taraconic Tribe does not have adjudicatory jurisdiction over Rettick’s tort claim a gainst P etitioners because neither Floyd Industries, LLC, nor Sandra Floyd are members of the Taraconic Tribe, because the fact that the clai m arose on tribal land is non-dispositive for jurisdiction, and because Rettick’s claim did not meet any of the ex ceptions for the general rule of limited exercise of inherent tribal power. Rettick’s claim did not meet the exceptions because his claim presents a simple torts claim that neither threatens the self -government of the tribe nor suggests the claim is contractual in nature. Because it is clear that the tribal court lacks jurisdiction over the claim, Petitioners request this Court to exercise jurisdiction over this case without waiting for exhaustion of claims in the tribal court. Accordingly, Petitioners request this Court...
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...Scenario 1 Quarterback vs Opposing Player The tort actions caused by the opposing player during the football game were intentional. The reason is because the opposing player did try to tackle the quarterback. The plaintiff in this case would be the quarterback. The opposing player would be the defendant because he is the person who intentionally tried to hit or tackle the quarterback. The quarterback has the right to sue the opposing player because the hit was an intentional battery. This claim will be difficult for the plaintiff to win in court because football is a dangerous sport that consists of many risks. Malik vs Quarterback Malik is the fan who got injured by ball that was thrown by the quarterback. Malik is considered to be the plaintiff while the defendant is the quarterback. The quarterback is the defendant because he unintentionally assaulted Malik. Malik will sue the quarterback because he was injured by the football. The quarterback in this case owed a duty of care to the plaintiff by carefully throwing or aiming the ball away from the stands. Malik vs Daniel Daniel got really upset at Malik because he spilled cold beer on his 8 year old son Ruben. Taking matters into his own hands, Daniel shoved Malik causing him to fall and hit the aisle steps, knocking out two front teeth. Malik will sue Daniel. In this case, Malik would be the plaintiff and Daniel would be the defendant because he intentionally used assault and battery through actual...
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...matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an agreement. The victim is being compensated by the at-fault party, which is a legal alternative to, or civilized form of, revenge. There is often a pie of division and is allocated by the process of civil law, probably by invoking the doctrines of equity, in cases of an equity matter. Criminal lawsuits differ from civil lawsuits in that the criminal prosecutions are intended to convict and...
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...hitches was not made to create safer roadways. This was created to make each truck driver to stop upon entering the state, purchase the new hitch, and then continue onwards. Therefore this statute can be considered unconstitutional on the means of it being solely created to produce extra income for the state. The Commerce clause determines whether or not a federal statute in constitutional, as well as allowing Congress to regulate the clause based on the channels of interstate commerce, persons or things in interstate commerce, or activities that relate to the latter. Because the statute involves the highway commerce, the court must determine whether or not this law set up by Confusion has any validity. Tanya will most certainly win this lawsuit against the State of Confusion. Requiring a B-type hitch when...
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...write about anything they want, and it could be easy for them to change the minds of individuals on a certain situation or case. Everyone already knows that the internet articles and newspaper are the voice of the people, so when someone can be innocent can easily be viewed as a criminal. They usually value money more than public effect. “For example, if the press put up a story that is undermining the efficiency of the government, all the people will change their attitudes toward the government and they may feel totally exploited. This will cause a great drift in the economy of the country since many people will refuse to pay taxes.” “the press doesn’t have blanket immunity for its mistakes. But they get especially strong protection from lawsuits for libel and slander when they cover Public Figures.” There have also been many of cases were the press has lied and been sued but used the first amendment to get away with being charged with anything. “Florida Appeals Court Orders Akre-Wilson Must Pay Trial Costs for $24.3 Billion Fox Television; Couple Warns Journalists of Danger to Free Speech, Whistle Blower Protection” “Akre and Wilson sued the Fox station and on August 18, 2000, a Florida jury unanimously decided that Akre was wrongfully fired by Fox Television when she refused to broadcast (in the jury’s words) “a false, distorted or slanted story” about the widespread use of BGH in dairy cows. They further maintained that she deserved protection under Florida’s whistle blower law...
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...plaintiff, Stella Liebeck in much publicized lawsuit, “hot coffee case”. It is the social responsibility of the company to look into the agony faced by the consumers in relation to its product, and this is where McDonalds fall short. The incident: The accident took place on 27th February, 1992, in Albuquerque, when Stella Lei beck along with her grandson ordered a McBreakfast at McDonald’s drive-thru on the way home. She was in the passenger’s seat, during her attempt to add cream and sugar in the coffee, inside stationary car, the scalding coffee spilled onto her lap. McDonald’s coffee was exceedingly hot, around 170 degree against the industry standard of 120-130 degree, within three seconds it caused third-degree burns on Stella’s groin area. She suffered numerous torments both physical and mental in the course of recuperation which took almost two years. After two years Stella sent a letter explaining the incident to McDonalds, her intent was not to claim for compensatory damage or filing a lawsuit for it, but to admonish them against the repercussions of their dangerously hot coffee posed. Her polite request to lower the coffee temperature was in the public interest. Past Action: The accident was not first of its kind for the McDonalds and the management was well aware of the fact that the incident is in the capacity to produce a potential lawsuit. They’ve faced 700 instances of burns between 1982-1991 and many lawsuits which were settled out of court. They’ve even...
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...com/2011/03/22/nyregion/22appraisal.html?_r=1&scp=2&sq=breach%20of%20contract&st=cse | | | |(APA Style) | |COMMENTS – fully address all questions on the instruction sheet; add additional page if needed. | | | |1. Summarize the facts that occurred that led to a lawsuit. |...
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...through the state of Confusion they need to be equipped with a specific trailer hitch, which is made only in the state of Confusion. Tanya Trucker is frustrated because of the fact the Federal government has not been involved so far in regard to the state of Confusion obligating truckers to buy the required hitch or go around in which may cost more money than purchasing the required hitch. Why should the truck drivers buy a specific trailer hitch that the state of Confusion sells and requires no one knows if it is more secure than those already on the trucks. Tanya Trucker is weary of this outrage and wants for something to be done. Tanya Trucker has decided to file lawsuit against the state of Confusion to end this hitch dilemma and overturn the statute once and for all. In Tanya’s preparations to pursue this lawsuit she needs to first find what court will have the jurisdiction over the case. If Tanya Trucker case is strong enough she may file at the civil division of the state trial courts. The general jurisdiction trial courts would first hear testimony and seek any evidence presented that can determine the strength. If Tanya Trucker’s case would get thrown out she can seek her appeal in the Appellate Court System in which no further evidence can be brought in play and have the case reviewed thoroughly. This situation arises a question is the state of Confusion statute constitutional? I believe this Confusion statute is not constitutional because there is no federal...
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...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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...Running head: Traditional VS Non Traditional Litigation Traditional vs. Nontraditional Litigation Majid Clark University of phoenix Business Law 531 JOAN SCHILLER TRAVIS, J.D. July 27, 2011 Traditional vs. Nontraditional Litigation The process of bringing, maintaining, and defending a lawsuit is called litigation. The word litigation usually strikes fear into the hearts of the business community. Litigation relates to a claim for damages decided by legal proceedings. Most litigation cases involve defending the company when accused of wrongdoing. The litigation process includes discovery, trials, and judgments. Litigation cases involve a lawyer to be employed by the business just for litigation purposes. Possessing a lawyer that is knowledgeable with employment or breach of contract issues will help the business make the appropriate decision when dealing with the litigation process. Because of the lengthy process and financial setbacks in which litigation can have business will avoid courtroom battles because the benefits always outweigh the cost. Business are tuning to a process called Alternative Dispute Resolution (ADR). This resource has become a valuable tool when two parties are trying to find an agreeable solution. In the workforce, this process helps solve issues that arise within companies daily operations. Alternative Dispute resolution will be company’s resources when trying to save money in a potential litigation case. Arbitration is another...
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