various reasons. Parties might have come to a certain extent, where they refuse to talk to each other. In this optic thus, litigation remains the best recourse to dispute resolution. LITIGATION BEING MORE EFFECTIVE THAN MEDIATION Litigation, is the filing of a lawsuit. It usually defines the process of dispute resolution in court. As compared to mediation, litigation follows a well structured procedure in a Court of Law. The trial delivers a binding decision upon the parties, non-compliance
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
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
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
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
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
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.
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
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 business
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
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
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
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
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
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
Litigation Explosion or Epidemic of Injuries In the articles written by Richard L. Abel and Peter W. Huber both have valid arguments with extremely different viewpoints on the litigation process. Peter W. Huber feels there is too much litigation in our country to where it cripples our society to become more successful. Huber feels there is less encouragement for citizens to take matters in their own hands and take responsibility for their actions. With a rather different perspective Richard
Civil litigation is the area of law that interests me most. In civil litigation, there are two opposing sides to each case: the plaintiff, or the individual bringing the case, and the defendant, or the individual or other entity, such as a business, defending themselves against the plaintiffs allegations. If I were working as a paralegal on a case, I would much prefer to be employed on the defendant 's side for several reasons. First, defense lawyers generally work under conditions that allow for
the reality is quite the contrary. A civil litigation attorney, a type of attorney that specializes in civil law, often spends most of his time in a law office working on their cases given to them by a client. A civil attorney’s day often revolves around gathering and writing of a case and settling it in or out of court. A civil attorney’s day often revolves around gathering and writing a case for their client. Brittany Vacek Ruyak, a civil litigation attorney, has experience on how to handle cases
For healthcare providers, there is no word that elicits as much frustration, fear and anger as much as the word “malpractice.” Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. Medical malpractice is a specific subset of tort law that deals with professional negligence. In order to prove that there was some type of negligence going on you must