A Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s …show more content…
A civil lawsuit is normally filed against those who are negligent in order to obtain monetary compensation for damages. In the movie, the two corporations are found negligent in their actions of disposing of waste into the town of Woburn’s water supply. As a result, Attorney Jan Schlichtmann filed a suit against the two corporations and used geological evidence, experts, and eyewitnesses to prove the involvement of the two corporations. According to the textbook, Elements of negligence are as follows: abiding by standard practice, the duty of care, breaching the duty of care, casual connection, and actual harm. The two corporations were supposed to abide by standard practice, however, by owning plants alongside the contaminated water supply, they both breached their duty to properly dispose of waste. The contaminated water supply then resulted in the death of little children, and parents had to bury their own children. Therefore, there is no reason not to have prosecuted the two corporations as all the elements of negligence are displayed here. Consequently, both corporations whether it was intentional or accidental, committed an act of negligence. Although nothing can be done to undo the losses, both companies must have apologized and compensated the damages …show more content…
This movie portrays attorneys and litigation process in a negative light. Although Jan Schlichtmann initially rejects the case, he reconsiders his decision after realizing that he is dealing with defendants with “fat wallets”. Anne Anderson and her neighbors only wanted an apology from the corporations and were not interested to obtain financial gains. Having said this, many attorneys rejected the case as they were not seeing any financial settlement. In the movie, Jan states, “a lawyer who shares his client’s pain does his client such a grave disservice, he should have his license to practice law taken away.” This shows how Jan believes lawyers should be, without any soul or sympathy. Jan continues, “the whole idea of a lawsuit is to settle or compel the other side to settle. You do that by spending more money than you should, which forces them to spend more money than they should; whoever comes to their senses first, loses.” This sadly shows how money matters more than truth in the litigation process. This and other unethical behaviors depicted in the movie are good reminders for civil engineers of the things not to do. After all, no matter how difficult situations might be, it is a civil engineer’s moral obligation to do what is
In the movie, A Civil Action, the plaintiff’s case began when a group of various parents and families believed that the health related issues and deaths in their city of Woburn was the result of contaminated water. Although the attorney, Jan Schlichtmann, was reluctant to take the case at first because they didn’t have plausible cause, he realized that 2 corporations sat at the border of the river. Mr. Schlichtmann and his firm thus took the case and file a major lawsuit which stated that the the two corporations, Grace and Beatrice, caused wrongful deaths due to the dumping of hazardous waste. The plaintiff side of this case then begins to collect scientific evidence and witness statements in order to prove that both Grace and Beatrice were
In the case of Brooks vs. Northwood Little League has little relevance to my profession as a future sports psychologist. Overall I do not think I will be in this exact situation but I can take some learning opportunities from this case. I learned in my case that anyone can be sued for negligence but you have to prove the four elements of negligence in order to win. In my case of Brooks vs. Northwood Little League, Brooks sued for negligence and lost her case. Brooks lost this case because she couldn’t prove all four parts of negligence.
INTRODUCTION Defendant Ms. Kalani Herrera ("Ms. Herrera") respectfully request the court grants Ms. Herrera 's motion for summary judgment and dismiss the plaintiffs, Mr. And Mrs. Malone 's ("Malones") personal injury claim. The Malones have a brought a personal injury lawsuit against Ms. Herrera under the attractive nuisance doctrine on behalf of themselves and their daughter Maria Malone ("Maria"), a minor who was injured on an a peace of land art while trespassing on Ms. Herrera 's property. However, the plaintiffs have failed to establish elements that are pertinent to the claim. Landowners typically owe no duty to trespassers however, the doctrine of attractive nuisance is an exception to
COMES NOW R. Mark Armstrong, pro se (“Plaintiff”), and hereby files a Complaint and Demand for Jury Trial. The causes of action include but are not limited to: 1) Qua Tam (Claims A, B and C) Federal Water Pollution Control Act (FWPCA) (1972) [33 U.S.C. § 1367] : Solid Waste Disposal Act (SWDA) (1976) [42 U.S.C. § 6971] : FCA, 31 U.S.C. 3730(b)-(g) 2)Racketeer Influenced and Corrupt Organizations Act (“RICO”) 18 U.S.C. §1961 et seq., 3) Due Process and Equal Protection Clauses 42 U.S.C. Section 1983 (Claim A) First Amendment as controlled by Garcetti_v._Ceballos Violations, (Claim B) Fourteenth Amendment Violations, 4) Retaliation under 31 U.S.C. § 3730(h), 5) Intentional infliction of emotional distress, for prima facie tort Tortuous Breach of Implied Covenant
The second chapter of “Pop Torts”, William Haltom and Michael McCann explains the issue of greed playing a role in the courtroom, along with the occurrences leading up to the problem. The chapter goes in depth with the issue legal degeneration and moral regeneration of “Pop Torts” as a man was using an electric power mower for the wrong reason, in which he ends up cutting off his own fingers without even turning off the power in the first place. The man fought back and won the case, while playing the victim for his very own actions. Haltom and McCann continue with chapter three of “In Retort: Narratives versus Numbers” as the issue of filing a lawsuit is quite easy, as individuals fight for an issue that was technically their fault. Issues
The second issue that should be addressed is the issue involving Paul Bertuzzi because he had insight to the fraud that was happening within the company, but decided not to say anything about it. This is the next issue to tackle as fraud is a criminal offence. As Paul had knowledge about the scheme that was being planned but wasn’t evolved it does not take first priority. His decision
Hearing that these people were having to live off of contaminated water due to the chemicals that were inappropriately disposed was no surprise
A virtue is a desirable characteristic rather than a universal law or rule that should ultimately lead to individual flourishment as well as the betterment of humanity. Incidentally, engineers can use virtues such as competence, honesty, and temperance in order to attain a state of responsible professionalism. This status essentially parallels some of the claims listed in the National Society of Professional Engineers (NSPE) Engineering Code of Ethics such as the statement “an engineer, in the fulfillment of their professional duties, shall hold paramount the safety, health, and welfare of the public” (NSPE, 2007). With an inherent desire to be virtuous, engineers can learn to better themselves in order to better society. In this paper, through Aristotle’s understanding of virtue ethics, I plan to demonstrate the virtues I have acquired during my time at Texas A&M University and the virtues specifically relevant to civil engineering.
As you all may know, Susan Jones, the manager of the pesticide department has been caught selling untested pesticides to our customers in order to reach her sales goal for the year. Mrs. Jones holds full responsibility for our company losing $50,000 as well as giving our company a dishonorable reputation by putting the untested pesticides on the market. Mrs. Jones has complete control of the pesticide department, even though employees under her went along with this scheme; she is ultimately responsible for the harm done to our customers and our company. Mrs. Jones decided to put an untested product on the shelves knowing the product was potentially harmful. Mrs. Jones claims to validate her actions by blaming the company for the unrealistic
An example of corporate responsibility involves falsifying information by FirstEnergy's Davis-Besse Power Plant personnel , revealing serious infractions and a cover up. Inspections revealed several cracks and defects in critical components. This incident resulted in FirstEnergy being “fined $5.45 million dollars, the largest single fine imposed by the NRC [U.S. Nuclear Regulatory Commission]. They would eventually pay $33.5 million in fines.” This also resulted in two employees being “fired by FirstEnergy Corporations... They would be the only two convicted of deception charges.”
Book Summary of See You in Court: In trial attorney Gary J. Chester’s book See You in Court, we dive into a chock full of outrageous cases, frivolous lawsuits, and anecdotes of the legal system. He highlights key concepts in the fields of civil and constitutional law throughout the vivacious cases. Not only does this book inform us of the legal system, but it also gives us an insider’s look at the underside of the legal profession in an engaging yet humorous manner.
Why or why not? Yes I agree with the judge decision, since there was a similar case where the judge found a defendant negligent when sulphuric acid in a defective jug broke and caused acid to pour over the consumer, resulting injury and damages to her furniture and floors of her home. The judge used the strict product liability theory in the case of Mabee V. Sutliff & Case CO., INC. 1-The Product was defective when sold. Mrs. Mabee ordered two-one gallon glass jugs of sulphuric acid, which were delivered to her front door.
It is fraud, you know it is fraud! What keeps you man?" (Miller 78). Those who were unhappy did not believe the court was protecting the innocent people the way they should. Some members of the community think that the court is not handling the prosecutions correctly and their decisions should be revised.
Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball.
A Case Study on Polluter’s Dilemma I. Background/Point of View On a small plastic manufacturing, Jonica Gunson works as an environmental compliance manager. The company where she is working with is now facing a serious situation that needs to have a fast and decisive decision, decision whether to invest or not to invest money on new technology that will help decrease or as possible eliminate the level of toxic in the water which is flowing from the back of the factory up to lake. Though the company is compliant with the levels of emissions set by the Environmental Management board, the manager sees that environmental procedures for this specific toxic are sheathing behind logical evidence, particularly that there is a protest from a certain scientist that is publish in the newspaper.