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Industrial pollution and its effects
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In this paper, I will explain how regulatory risks such as tort liability can be identified, and managed through preventive, detective, and corrective measures. I will also include recommendation that can lead Alumina in the right direction that can prevent or minimize costly litigations.
Alumina Inc, Maker, is a United States of America (USA) based company that operates in eight countries around the world. Alumina supplies automotive components and manufacture of packaging materials, bauxite mining, alumna refining, and aluminum smelting. The executive body is consists of four members, Roger Lloyd, the iron willed Chairman, Chris Blake, the chief operating officer, Diane Richards, the head of public relations, and Arthur Todd, the legal counsel.
The simulation focus on Alumina who had a lawsuit brought against the company five years ago, regarding violation of environmental discharge norms. Alumina was charged with tort liabilities that cause potential risks to the company. Kelly Bates is accusing the company of repeatedly contaminating the local water supply. Kelly believes that the contamination water is the proximate cause of her 10-year old daughter’s leukemia. The list of tort liabilities and regulatory risks identified and reviewed by Learning Team B involves non-compliance of regulations, defamation, negligence, breach of duty of care, and Freedom of Information Act (FOIA). These risks are compelling and relevant to current and prior liabilities.
Tort Law provides resources for a variety of injuries and provides remedies for them. There are three categories of tort, intentional, unintentional (negligence), and strict liability. Alumina falls under the unintentional tort commonly referred to as negligence. This actio...
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...losure of information that would harm foreign policy, privacy of individuals, proprietary interests of business, functioning of the government, and other important interest (Cheeseman, 2010).
To minimized risks involving litigations, top and lower-level management must remain vigilant of their business environments, and the rules, and regulations set by the different government agencies, which may affect their business types. Therefore, companies should (a) for example, align the regulation and laws with their ethical code of conduct within their companies and bylaw, (b) educate their personnel about proper procedures and the steps that could help minimize exposure, to risk that result in costly lawsuits. Failure to meet these standards mentioned could have significant impact that could taint their companies’ public image, as seen in Alumina Inc.
McCraw, David, and Stephen Gikow. “The End to a Unspoken Bargain? National Security and Leaks in a Post-Pentagon Papers World.” Harvard Civil Rights-Civil Liberties Law Review 48.2 (2013): 473-509. Academic OneFile. Web. 5 Dec. 2013.
In the 1970s, engineers found contaminants in the local wells: Well H and Well G. They found suspected carcinogens including trichloroethylene (TCE) known to cause cancer. Families gathered after the Anderson family noticed the recurring events of a rare disease in a small town. Although Woburn had a history of industrial activity, the two major companies that contributed to the contaminants were W.R. Grace Co. and Beatrice Foods. The families sought help and went to a Boston lawyer, Joe Mulligan, and signed his firm. No one picked up the case due to not enough evidence, but Jan Schlictmann, who was a newcomer, picked up the Woburn case. Although advised to neglect it, he still looked into it. He joined with a non-profit firm who were seeking an environmental case like Woburn’s. They quickly filed a complaint against the two major companies.
Patricia Mullins and Leta Farley, two of the employees injured in the blast, filed a $60 million lawsuit against multiple companies whom they blamed for the explosion, including Appalachian Heating LLC, ThompsonGas Propane Partners LLC, Ferrellgas Inc., BP America Inc., Little General Store, Inc. and Godfather’s Pizza Inc. In addition to this lawsuit, the numerous safety recommendations made by the U.S. Chemical Safety Board were adopted. The recommendations include the improvement of training requirements for technicians and the improvement of emergency response actions from on-scene technicians and 911 operators.
The two companies, Beatrice Foods and J. Riley Leather Company, breached that duty. The fact that they breached that duty resulted in the continuation of many kids getting sick and dying. The plaintiff’s suffered a legal recognizable injury. Schlictmann was fortunate to prove that the plaintiffs including the residents of Woburn had the right to have clean drinking water. Under a variety government acts the drinking water should be sanitary. Both companies had a duty to care, and not to illegally dump toxic chemicals into any water source. Specially knowing they could be contaminating drinking
...sues with stakeholders and customers. When a major company such as Enron, was structured their approach to ethics on the outside appeared to be against ongoing modernization. The policies and ethics programs were set up to protect the company and its shareholders. According to author Berenbeim, the Enron Company had a detailed code of ethics it was not enough the organization needed to incorporate ethics and integrity throughout their corporate culture. Enron had to pay close attention to the business ethics issues inquired by the conduct of the Enron’s directors, officers, lawyers and accountants ( Berenbeim,2002).
The Freedom of Information Act is used mostly to pry open government files. It was designed to help individuals obtain information about the actions of government. The law proclaims that any citizen is to be given access to government records unless the disclosure involves litigation, the CIA, personal m...
In order to fulfill its duty of ensuring the safety of its law-abiding citizens, and apprehending those who would cause them harm, the government does need to access certain information. In fact, many blame suppressed intelligence operations for allowing the terrorist attacks in 2001 to slip through (Cooper). It would be foolish not to tighten security after suc...
Within the Gilbane Gold case, the major problem is the contribution of water pollution by dumping chemicals to speed production for Z CORP. However, there is doubt as to what extent the company violated city regulations. Tom Richards believes that Z-CORP broke regulations repeatedly but Professor Massin believes that it is not solid evidence. Part of the problem is that two different tests are involved: an older and a less sensitive test which does not break regulations but there is also the newer and more sensitive one which does. The newer test was said that the company just broke city regulations, but not by a large amount.
Similarly some information are kept from being publicized to the whole world by the government. Wikileaks has done otherwise: material that they disclosed to the world was sensitive material that belonged to the g...
In the case of Kolchek suing to recover for Litisha’s injuries, she can sure under the negligence liability. Every product should be fully tested in every way possible to see if the product functions correctly and will it injure individuals. There should not have been a whole that is not covered. Like stated in our book The Legal Environment of Business, “if a manufacture fails to exercise “due care” to make a product safe, a person who is injured by the product may sue the manufacture for negligence”. Kolchek could sue the manufacture. In this case which is Great Lakes spa. Porter was just a company that was selling the product. Great Lakes spa should have taken the initiative to examine their products throughly before putting it out on the make for individuals to buy. Like in our book The Legal Environment of Business stated, “A manufacture, seller, or lesser is liable for failure to exercise due care to any person who sustains an injury proximately caused by a negligently made (defective) product.”
Enron was one of the major energy corporation in America before it went bankrupt. A contributing reason to Enron’s failure was a lack of ethical management. Enron scandal proves that the company infringed the transparency, dignity and responsibility ethical principles of the Global Business Standard Codex (Paine et al. 2005). Effective management practices help businesses manage risk by reducing the likelihood of breaching the misconduct, but ethical dilemmas cause illegal or immoral activities.
...emical companies that helped produce Agent Orange. Yannacone filed a class action lawsuit for Reutershans case against six chemical companies that helped produce Agent Orange. The case grew as lawyers across America started representing more people affected by Dioxin. The case ended up in Jack Weinstein’s court at the Second Circuit Court of Appeals in New York City. The night before the trial Weinstein tried to come up with a settlement option. Weinstein thought the chemical companies had a weak defense and could not see the jury siding with them. Weinstein thought the chemical companies had a weak defense and could not see the jury siding with them. The companies agreed with a settlement as long as they did not have to own up to it. Now that closer was brought to this case, those looking for compensation received it and the talk of Agent Orange died down.
George’s primary responsibility is to ensure the safety and health of the company’s staff by keeping in compliance with EPA guidelines. When informed by his boss Bill of an ongoing issue of problems with high-levels of smokestack emissions, EPA served a warning. George is faced with a tough dilemma ahead of him. The biggest challenge that George has to face is limited resources from low budget allowances in resolving the matter. It has also become evident that he realizes that in
There was strong competition for Ford in the American small-car market from Volkswagen and several Japanese companies in the 1960’s. To fight the competition, Ford rushed its newest car the Pinto into production in much less time than is usually required to develop a car. The regular time to produce an automobile is 43 months but Ford took 25 months only (Satchi, L., 2005). Although Ford had access to a new design which would decrease the possibility of the Ford Pinto from exploding, the company chose not to implement the design, which would have cost $11 per car, even though it had done an analysis showing that the new design would result in 180 less deaths. The company defended itself on the grounds that it used the accepted risk-benefit analysis to determine if the monetary costs of making the change were greater than the societal benefit. Based on the numbers Ford used, the cost would have been $137 million versus the $49.5 million price tag put on the deaths, injuries, and car damages, and thus Ford felt justified not implementing the design change (Legget, C., 1999). This was a ground breaking decision because it failed to use the common standard of whether a harm was a result of an action on trespass or harm as a result of an action on the case (Ferguson, A., 2005).
In conclusion, the U.S government and other state governments hold in their hands every single information that we uphold, such as credit card information like what we spend in or wherever, Phone Calls, email information, and such. Another topic is Edward Snowden who leaked documents and tried to help people by telling them what is happening with the Secret society and the government’s secret , and then disappeared out of nowhere to avoid getting