Essays on Lawsuits

Impact of Frivolous law

Impact of a frivolous lawsuit Abstract Frivolous lawsuits are lawsuits that have little or no chance of being won due to lack of merit. In law, a frivolous lawsuit is one that is presented when the party had a reason to know that the defense or the claim was futile. Frivolous litigations may be as a consequence of legal theories that bare absurd, additional suits or a repetition of motions. A claim or defense may be referred to as frivolous because it lacks justification or due to the fact that it was not [resented with an argument that can ...

Business Audit: Coca Cola

Business Audit: Coca Cola

Executive Summary

This report takes a look at the business audit of the Coca-Cola Company. After introducing the audit, a brief background of the company is given. This is followed by a macro-analysis of the company. This analysis deals with the management tool i.e. PESTLE which details Coca Cola’s political, economic, social, technological, legal and environmental analysis. This is followed by a micro-analysis i.e. the financial data relating to Coca Cola. The competitor analysis of the company is next in line. This includes the strategic groups in Coca Cola’s line of business. A perceptual mapping ...

There was a time when nurses were not included in malpractice and negligence lawsuits, but that is no longer true. Today, nurses are included with doctors, hospitals, and other healthcare providers and agencies when the outcomes of patient treatments are undesirable. When a nurse is accused of failure to competently perform her or her responsibilities to the patient and employer, the result may be as serious as the death of the patient. For this reason, focus has centered on the types, incidences, and ways to prevent actions that cause patients harm and may result in expensive and license-threatening litigation ...

There are several laws that aimed at protecting human health and environment. The government and private parties are allowed to enforce the federal environmental laws. The government has the resources and tools required to enforce environmental laws and compels compliance with the environmental regulations and laws. Criminal and civil environmental enforcement are streamlined towards protection of environment and health. The criminal environmental enforcement seeks to punish the actions that the society view as harmful to the environment and health of people. The civil, environmental enforcement is streamlined towards individual parties who should be compensated for the harm caused by ...

Reducing Debts at Credit Solutions of America

Credit Solutions America (CSA) is a company that is headquartered in Richardson, Texas but has many branches in many other states. The company has several customers who are enrolled in debt reduction programs. The company helps those customers who do not want to file for bankruptcy, but they would wish to settle their debts. Despite its years of success, the company was sued in eight states after it was found to be engaging in fraudulent activities. Although the methods employed by the company in their debt reduction program puts the customers in a stressful situation, they are left satisfied ...

I. Introduction The ubiquitous presence of mobility devices, including most notably smartphones, highlights how mobility has come to be integral to everyday life at workplace, college and home. The major focus on mobility is, given current coverage, is on applications and cloud platforms. Less reported still but is, probably, of much more significance, as shown later, is wireless licenses and applications which enable much of current mobility operational efficiency, if not operability at all. As is always common in ICT innovations, user interface applications and platforms more often than not draw ICT community's attention, a community focused more new ...

Introduction

The Marriot International and Renaissance Long Beach Hotel has come under fire after the hotel received a lawsuit from two women over alleged sexual harassment claims. Luz Cuevas and Teresa Evangelista allege that different employees working for the hotel sexually harassed them on more than one occasion and that female workers from the Latin region have on several occasions been the targets for physical, emotional, verbal and sexual harassment by senior employees at the Marriot Hotel. The two women filing the lawsuit against the hotel are Luz Cuevas and Teresa Evangelista who work at the hotel as an on-call ...

Introduction

Discrimination in the workplace environment acts as one of the challenges affecting performance. A review of recent statistics on matters associated with discrimination in the workplace setting indicates that the number of cases associated with discrimination on a wide range of areas is increasing significantly. The most common forms of discrimination include religious, ethnic, gender, and age, which bring about an environment where the work environment lacks diversity. The United States government has been on the forefront in dealing with these forms of discrimination through the implementation of legislation focused on ensuring that employers maintain diversity. However, enforcement of ...

Question 1

Encryption defines the process involved in encoding information such that only the authorized person or computer, with a key, can decode it. This process is based on cryptography, the all-important tool for protecting information on computers and computer systems. Encryption has been used to protect information since time immemorial, being used by the Greek that created ciphers which are codes involving transpositions or substitution of letters and numbers. One of the most common ciphers is Caesar’s cipher who shifted each alphabetical letter to the right or left by a few positions, and the Polybius square, just to mention ...

Question one

The budgeting process is the way a state builds its budget (Foley, 2010). Therefore, the appropriate budget is the one that engages the responsible organizations that adhere to its implementation of the objectives of the organization. The budget of Flint Michigan involves both finance committee as well as the participation of senior staff. The stakeholders that participate in decision making in Flint are the local, federal, and regional governments, philanthropic donors, and community organizations (City of Flint MI, 2013). However, some partners are engaged in sustainability plans and the adaptation of climate change.

Question two: Sources of revenues and expenditures

The main sources of income for ...

Issue: Problems facing Apples Growth

Apple continues to face numerous challenges that are threatening to halt its growth (Cybart, 2016). Over the past few years, the earnings of the company have been falling, and its stock pricing has been collapsing. Some of the factors that contribute to Apple’s challenges include a flat IT global market, a roiling stock market, and weakening economies in some of its foreign markets such as China. The technological changes have also played a crucial role in forcing Apple Inc off its perch. Most of the Android phones in the global market are manufactured by Asian companies such as ...

A Report on Internet Misuse in Business Firms

Business organizations rely heavily on internet enabled systems in the present age. This has necessitated unrestricted use of internet in business firms, especially in creative area like graphic designing. This report addresses the same issue in a graphic design firm where the author works as an account manager. The firm is doing well and currently has a strength of 14 employees. However the owner is concerned about the unregulated use of the internet which allows the employees to download almost anything or view inappropriate web content in the workplace. The concern of the owner is justified because the irresponsible ...

Even with cyber security systems and measures in place, company cannot think themselves safe, for there are always some loopholes or vulnerabilities left in the defense system. Their exploitation may affect companies in many ways, with impact making itself felt through reputational damage, the loss of delicate information, and expenditure associated with the deployment of additional cyber protection mechanisms. Companies incur heavy financial losses estimated at hundreds of thousands of dollars. The US-based AWS Inc. is the company that should not deem itself as being invincible, as big companies are the first in line for a big-scale attack. To ...

Compensation increases must be determined by a workable and properly designed work performance management system. All employees of CORE must have their work appraisals to understand their contribution to the success of the business. The appraisal system will be used to rank and rate every employee, and it is that system that the compensations for the employees will be based on every end of the year to determine salary increases, bonuses and other incentives like training and promotion. This paper examines the current compensation status of CORE and from that develops a plan to manage the arbitrary compensation increases ...

Discrimination in the place of work has been a barrier to the United Kingdom's development. The constitution of the country recognizes that everyone is equal. In 2010, the Equality Act was promulgated with an aim of reducing economic and social disparities within the United Kingdom. Following its promulgation, the business community expressed their concerns on its implication. This paper is set to examine the United Kingdom Equality Act 2010 as well as its consequences for the business community. The Equality Act 2010 was introduced with the view of ensuring that discrimination in the workplace is eliminated. Certain characteristics are ...

Abercrombie and Fitch Case Analysis

Abercrombie & Filch is a fashion company that has been dogged by numerous lawsuits and cases regarding employee discrimination. The company has been accused of discriminating employees based on race and appearance. Since the turn of the 21st century, Abercrombie has been slapped with numerous lawsuits concerning employee discrimination on various grounds. This paper will conduct an in-depth analysis of these cases and provide relevant responses.

Appearance

Regarding appearance, Abercrombie’s CEO, Mike Jeffries, has been accused of favoring “thin, tall, and white models” over the “not so good-looking” staff. Moreover, Abercrombie reportedly does not allow staff to put on scarves ...

Beneficial Properties

Some of the beneficial properties of globalization for Coca Cola have been: Increased Market Share Today, Coca Cola is known as an international brand, but their success has been due to globalization and their success in different markets (Collins). Globalization has helped Coca Cola to expand their business beyond the American borders and enter new countries over the years. Due to globalization, Coca Cola has been able to reach different markets all over the world. By entering new countries, Coca Cola has been able to reach new customers and increase their global market share. Stakeholders that benefit from increased ...

Problem Statement: While the equity investment decision in HydroFruit, Inc. is expected to be extremely profitable, it has to be weighed against the ethical considerations that the tomato farm may employ an immigrant workforce, as well as the legal considerations that may result in fines and imprisonment for businesses that knowingly hire undocumented workers .

After 2005, employers are required to verify to the best of their ability, that the seasonal workers they hire are legally authorized to work within the U.S. HydroFruit, Inc.’s voluntary participation in the Immigration Reform and Control Act (ICRA) reduced the company’s liability ...

Abstract

Sexual harassment or violence creates a hostile working environment characterized by low employee morale, low productivity or even worse for an organization, the expensive lawsuits that may ensue. Keeping sexual harassment away is the concerted effort of the employers or management. The Federal government in its Antidiscrimination Laws describes sexual violence and the consequences that would follow for the offenders. In addition to these laws and the state laws, organizations seek to develop policies and programs to prevent incidences of sexual violence at their workplaces. In so doing, they ensure high employee morale and hence productivity as well as ...

Performance appraisal is a tool that the management uses to evaluate the performance of employees against the set performance standards such as output, competence, job initiative, and accomplishments (Bogaert, n.d.). Used effectively, performance appraisal can provide the management with important information to make decisions such as salary increment, promotions, or take disciplinary actions against an employee. Properly conducted performance appraisals also provide the organization with a legal defense in case an employee sues the organization over any grievance they may have against a negative performance appraisal. An effective performance appraisal is one that is consistent, valid, factual, and job ...

Description of the American Apparel’s Corporation

American Apparel is a leading basics brand for young adults and people of all ages, with both wholesale and retail divisions globally. The company was founded in 1989 by Dov Charney, a Canadian man with an interest in vintage American clothing and is known for cutting-edge advertising and product branding. Its operations adage “made in downtown LA” has contributed to significant brand awareness and a cult status worldwide. It is the largest sewing facility in North American with 5000 to 10000 employees. For American Apparel, many factors of the external environment pose a threat to the company, however, with ...

The law evolves and as such it has been the case that he who can define will always win (Philips, 1998). Federally protected rights had not had a remedy in the case that there was a violation of the same, instigated by governments and its employees. It was not until the landmark ruling in the Monroe V. Pape case that shaped the development to what is commonly referred to as “section 1983”. This points out to the glaring fact that not only do the police, who are state and local government employees have to only deal with criminal issues, ...

Question 1:

The issue of giving data to the Chinese government is a tricky one because the Chinese business culture does not have the same respects for intellectual properties and securities as we are accustomed to in Western countries, (Overseas Business Risk – China, 2016). This is a major issue when debating this subject matter because the Chinese do not have the same protections to intellectual property, which means that there is a major issue if a user’s private data is exposed and it contains patented material or material that is soon to be protected, (Overseas Business Risk – China, 2016). What ...

Abstract

Environmental pollution is among the hotly debated topics in the field of environmental studies. Contamination of this kind ranges from that of water, soil, and air. Industrialization and large organizations have been reported to be the primary sources of pollution across the world. Chevron, a leading multinational energy corporation, has in the recent past been accused and charged for heavy soil and water contamination through oil spills. Such environmental pollution has substantial consequences on the human health, safety, and well being. Van Duzer et al. (2015) assert that one of the most affected nations through the company’s activities ...

Tort reforms have been repeatedly argued in many medical malpractice cases. Tort reforms are regulations that make it difficult for average people to sue medical malpractitioners that assault, harm, or injure them (Doroshow, 2010). These laws were formulated by insurance companies, manufacturers of dangerous products, tobacco manufacturers, medical professionals, and other industries to help avert responsibility for their malice. The tort reform movement has enormous backings in the form of massive cash deposits into conservative “think-tanks”, polling and lobbying firms, and public relations organizations. They hurt consumers, patients, and other average individuals and are dangerous for the general population. ...

Introduction

Sexuality refers to sensation and linked closeness between two human beings. In psychological terms, sexuality is the way through which people make an expression of the completeness of love between a woman and a man. In biological terms, this is the means through which the conception of a child occurs and the ancestry is passed over to the next generation. The purpose of this paper is to look at the issue of public expressions of sexuality concerning the law in the United States. In this paper, is going to be established that public expressions of sexuality in the United ...

Puerto Rico and the Electronic Health Record (Part I)

The focus of this research is on Congressman Pedro Pierluisi who serves in the as the representative of Puerto Rico. He is from the Democratic Party. He can be contacted at 2410 Rayburn House Office Building. His phone is 202-225-2615 and his email is http://pierluisi.house.gov. Currently, the key major stakeholders involved in the bill are the congressmen since the bill is still in the committee stage in the house. The contents of the bill are being deliberated on by the subcommittee on health. As such, the real benefits of the bill have not achieved yet. However, in the event ...

Flint water crisis is one of the critical issues in the United States. It is worth noting that the residents of Flint are facing major health concerns that are linked to water. The responsible stakeholders continue to blame each other for the water crisis. Also, the water crisis in Flint has become a political issue in the current democratic and republic nomination campaigns. The primary concern is the presence of high level of lead in water that is consumed by residents of Flint Michigan (Felton 2). Community-Based Organizations (CBOs) have a responsibility in dealing with community problems. In this ...

Introduction

The purpose of this report is to analyze the different social responsibilities and ethical responsibilities of businesses to the society. Apart from the main objective of maximization of profits, businesses should have other objectives that ensure that their practices promote the welfare of the society. In this report, Walmart is analyzed. Walmart is an American multinational company considered to be the largest employer with 2.2 million employees (Walmart.com). Apart from the United States, it has branches in United Kingdom, Canada, Japan, Mexico, and India. It usually operates general chains hypermarkets, grocery stores, and discount department stores. The company’s ...

The case is at the core of professional sport as it affects some of the most powerful men in the Football profession against one of the most respected quarterbacks in the history of the game. The parties involved in the dispute include Roger Goodell and Tom Brady. This is a civil liabilities case based on the issue of the player refusing to play and the manipulation of the ball in the air. The case is being assessed in the United States Court of Appeal through a three-judge panel (Belson 1). The main contentious issue is the intensity of the ...

Introduction

It is common for an organization to fall into some predicament once in a while. The concept reveals itself by the aspect of organizations having contingency plans that leverage them in the case of an impromptu or ongoing scandals. I have always observed that companies have insurance covers for such incidences. Most of the problems that organizations are likely to encounter include organizational ethical dilemmas. Recently, one of the well-known fast food joint, Chipotle Mexican Grill, alias chipotle. Chipotle encompasses a chain of fast food restaurants. The chain is allegedly accused of breaching the food policy protocol regulations by ...

Crazy Eddie, Inc. was established in 1969 by Eddie Antar who was a 21 year old high school dropout from Brooklyn. The company became a market leader in the retail consumer electronics business in a short span of 18 years. It had a total turnover of more than $350 million and a collective market value of $600 million by 1987. Crazy Eddie’s empire soon collapsed when a major financial scandal was uncovered at the end of 1987. Eddie Antar and his associates were found to be fraudulently involved in the overstatement of inventory and profits and the understatement ...

Introduction

There have been concerns regarding police conduct for years. Therefore, the managerial departments have been working hard to educate the cops about ethics. Unethical behaviors of police officers can subject their agency with civil litigation. Civil lawsuits come in many forms such as racial discrimination, age discrimination, sexual discrimination and religious discrimination. The organization will, therefore, have a hard time curbing this kind of lawsuits. The media will also bring down an agency particularly if a police office has violated one's civil rights (Barry, 1999). The public will watch the news and lose their confidence in the organization.

How current level of officer misconduct is analyzed?

The ...

Grizzly bears were listed in the of endangered species in 1975, because biologists were concerned that they were gradually approaching extinction. Ever since then, their count has increased from 200 to 600-1200 . This recovery of their numbers prompted the U.S Fish and Wildlife Service (USFWS) to take the decision of temporarily eliminating their name from the list. However, in 2009, a federal district court in Montana reversed the delisting, bringing the bears back to their protected status. The judge mentioned apprehensions that the USFWS had failed to consider the reduction in white bark pine nuts . Despite the existence of ...

Malpractice is defined as a wrongdoing by an expert of a particular profession, for example, a doctor, lawyer, an accountant or a dentist. Malpractice and negligence lawsuits in the United States are quite common. Medical malpractice is described as any act or omission by a medical professional such as a doctor, nurse, physician or technician that causes harm, injury or death to the patient at the course of treatment. Simply put, a medical malpractice occurs when a medical professional for example a nurse or a doctor performs or fails to perform an action that in itself causes injury to ...

Introduction

Police officers and their actions fall under the scrutiny of the society and the Constitutional Amendments that protect their rights. Although state legislatures adopt different approaches to arrest criminal behavior, the police departments across the nation are subjective to Federal laws in case of violations. The most common complaints against the police in recent years include excessive force, violation of civil rights, unbecoming of an officer, and deliberate indifference. Police officers enjoy limited immunity and cannot be accountable individually. However, the department as a whole will face the damages. In the political climate today with shrinking police budgets, lawsuits ...

Part 1

The focus of this research is on Congressman Pedro Pierluisi who serves in the as the representative of Puerto Rico. He is from the Democratic Party. He can be contacted at 2410 Rayburn House Office Building. His phone is 202-225-2615 and his email is http://pierluisi.house.gov. Currently, the key major stakeholders involved in the bill are the congressmen since the bill is still in the committee stage in the house. The contents of the bill are being deliberated on by the subcommittee on health. As such, the real benefits of the bill have not achieved yet. However, in the event ...

Introduction.

According to Means, R. (2004), Section 1983 was meant to create a right to sue anybody who took away another person's constitutional rights. The ordinary and universal rights that can attract a lawsuit include first amendment issues like freedom of speech, association, and worship. It is, therefore, important for police to understand the Section 1983 since it has become their suing point. Due to the effects and cost association of section 1983 Liability Lawsuits arising out of violations of these rights, the paper seeks to put more light on training of police as regards: how much training is enough, ...

1. Company Background and Business Overview Depuy has a rich and long history of innovation. In 1895, a 35-year-old chemist named Revra DePuy started a business to manufacture fiber splints customizable to fit patients. He started his operation in Warsaw, Indiana (DePuySynthes, 2016). Depuy is the first orthopedic manufacturing company in the world. Because of the success of DePuy, Warsaw has become the orthopedic capital of the world. DePuy was the first company to introduce mobile bearing knee system (LCS Knee System). DePuy was also the first company to introduce Porocoat, a biological fixation to bone without the use ...

Animal testing is something that has come under the spotlight recently. Many consider it as an unethical approach to the testing of new drugs and products. It has led to the division of society in ways that suggests the need for the end of the practice. The purpose of this paper is to critically analyze and review the practice and draw conclusions on the different stakeholder positions and procedures.

Why Animal Testing is Controversial

Animal testing is viewed as something that has some negative moral connotations. This is because it implies taking a risk on an animal as a means of asserting whether a ...

REPORT EVALUATING THE ETHICAL CLAIMS OF MCDONALD’S

Abstract Ethical conduct is very important for any company which aspires to succeed in its business operations. It promotes the image and reputation of the company in the market. McDonalds being one of the key companies in the fast food industry is subject to ethical misconduct issues that affect its business operations. Although the company puts more efforts in promoting social responsibility for all the communities where it operates its business, it has many issues that go against the will of the community. This paper clearly shows that McDonalds is subject to ethical claims by its employees due to ...

Affirmative Action: Overview

A reflection on the society depicts the fact that it is composed of individuals with varying differences aligned with gender, race, socio-economic status, and education levels. While it is true that all people should be equal irrespective of these factors, there is a need to note that there exist a persistent discrimination of various people. Affirmative action has often been poised as the most comprehensive means through which equality can be attained. While much has been hypothesized regarding affirmative action, it is of the essence to note that it mainly connotes to actions and policies that are intended to ...

Dunkin’s Donuts operates two main brands, which are Dunkin's Donuts and Baskin-Robbins, in more than 60 countries using a distribution of more than 1800 franchises located in different parts of the world. One of the biggest challenges facing the growth of the Dunkin’s Donuts is the existence of poor franchise relationship that has resulted to numerous law suits every year. It acts as a major setback towards the development and expansion of the company since such lawsuits ruin its reputation; thus, scaring away investors from investing in the company. For instance, in 2010, the company experienced a ...

Introduction

This report discusses the strategies that are used by Trader Joe’s. It discusses the problems that Trader Joe is facing related to strategies and how those problems can be solved. The following things will be discussed in detail that which strategies Trader Joe’s should use to improve its performance and to gain a competitive advantage. In short, this report is a strategic analysis of Trader Joe’s.

Company Background

Trader Joe’s was established by a person named “Coulombe.” After completing his education, Coulombe started working with a company. He worked some time with a company and after that ...

Introduction

Corporate social responsibility (CSR) entails the practices that are undertaken by the organization as a way of giving back to the society b solving the social or environmental issue. For instance, the business may fund projects in the community such as schools programs and clean water projects. Additionally, the corporations may undertake climate change activities such as planting trees and reducing emissions as well as funding for research for common good such as Ebola and cancer programs. Implied, the corporations bet on these projects to create customer awareness and as a way to win their loyalty in the long-term. ...

The primary issue in this case is related to pending litigation of the company and increasing competition in the tobacco industry that is likely to erode the market share of the company.

Why is UST Inc. considering a leveraged recapitalization after such a long history of conservative debt policy?

UST is considering a leverage capitalization in order to benefit from the tax shield associated with the debt financing. The increase in value along with existing enterprise value will be distributed amongst lower number of shareholders. Moreover, considering the past performance of UST, the company has a high cash generative capacity of the company’s business. Evaluate the business risks of UST from the viewpoint of a ...

Introduction

Enhancing performance requires effective identification of key issues that a business faces. That is because it helps in selection of suitable strategies as well as allocation of resources. With that, the following is a summary of the Tesla case study identifying the issues facing the company from the Market line case study and proposing suitable solutions as well as their implementation.

Analysis

Issues discussions and options Issues Business operations are normally subject to various factors that influence not only their performance but also the financial performance. In that view, Tesla motors operates in a competitive environment with dynamic factors that ...

Free trade agreements such as ChAFTA (China-Australia Free Trade Agreement) and the proposed TPP (Trans-Pacific Partnership) are treaties that are signed and ratified by national governments in a bid to increase the volume of trade within their country, as well as to reduce the obstacles that limit local and foreign investment. This is particularly useful seeing as incentives such as reduced or eliminated tariffs serve to encourage investors from far and wide to invest in the said country (Lim, Elms, and Low, 2012). For many years, such treaties have successfully ensured increased volume of trade as well as investor ...

Introduction

The Sobeys Company like any other company must minimize the risk prevalence in order to maximize its profitability. The loss prevention manual for the Sobeys Company aids the managers and the employees to learn more ways of protecting themselves from the exposed risks while carrying their daily activities. Notably, it educates the workers and managers to identify when the legal advice is needed, hence, they will be using the manual to solve the problems available in the contemporary world.

Internal procedures

The administrative law is the growing part of the statue law that deals with internal procedures of the Sobeys Company. ...

Affiliate institution

The media greatly influences our perceptions about an event; it determines how we are likely to perceive the event. The media is the main channel through which the ordinary person gets all the facts about an event. Misleading information from the media is likely to lead a person astray. According to psychologists, first impressions about something really matter. Whatever we hear, see experience or feel during the first encounter with something solely determines how we perceive the rest of it. If the media draws attention to certain facts or details, it can change the prior information that we already ...