On February 17th, 1992, a 79-year-old woman named Stella Liebeck from Albuquerque, New Mexico ordered and accidentally spilled a cup of hot coffee on herself from a McDonald’s restaurant. Many individuals may have heard this story from the news, television, or even a relative, but what many people don’t know was how this incident would change the lives of many Americans for decades to come. The infamous “McDonald’s Coffee Case” would have a lasting impact on civil courts and the entire civil justice system, which has been debated recently through the usage of tort reform. Joanne Doroshow, the executive director of the Center for Justice and Democracy, described the civil justice system as “When you are hurt by somebody, harmed in some way, and the person or the company that harms you is negligent, or does this intentionally, you have a right to hold that wrongdoer accountable, and those are the civil courts that handle those kind of cases, and that is our civil justice system.” The “McDonald’s Coffee Case” launched after Stella Liebeck and family decided to sue McDonald’s for medical damages, after the family was “extremely surprised” with only receiving $800 to pay for an over $10,000 medical issue. The Liebeck case would spark an investigation into McDonald’s that revealed over 700 earlier complaints about burns from hot beverages during the period of January 1983 to March 1992. This investigation along with the power of the jury lead to the initial award of $160,000 in
Jan acknowledges his situation, “The whole idea of lawsuits is to settle, to compel the other side to settle” [1]. In fact, he uses this reasoning to his advantage by demanding a total of 320 million dollars from both companies. The case is drawn out and both businesses stubbornly refuse to take responsibility, Cheeseman arguing that, “These chemicals never reached Wells G and H - we will show that. And they never made anyone sick. We will show that, too” [1] while Fascher, representing Beatrice Foods, explaining that, “Unless you've proven that poisons reached the wells, there's no case” [1].
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
Manufacturing Guilt Wrongful Convictions in Canada, follows the theme of the first edition where the authors demonstrate what leads to wrongful conviction. We all know that innocent mistakes happen however, wrongful convictions are usually the result of deliberate actions of those working in the criminal justice system and not unintended errors. By using Canadian cases as miscarriages of justice, the authors argues that understanding wrongful convictions and how to prevent them is incomplete outside the broader societal context in which they occur, particularly regarding racial and social inequality. This book also analyzes how forensic science is used as a resource for prosecutors rather than seeking the truth. What is miscarriage of justice?
David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.
The case of Cyntoia Brown is about an innocent victim, who had been punished for finding the courage to fight against the ones who had hurt her. Ultimately, this case is the greatest injustice act against a person ever yet. Her whole life, she had been facing abuse and inequity. She was only 16 when she has murdered Johnny Allen in 2004, and is now serving a life sentence, with an eligible parole on her 69th birthday. What the jury hasn’t been told about is that Cyntoia has been repeatedly drugged and physically and sexually
I am 21 and for as long as I can remember I have heard many stories about innocent people being accused of and being punished for crimes they did not commit. On Monday, March 20th of this year, I met Anthony Ray Hinton and learned about his story. Arrested on suspicion of two capital murders at age 29. He was convicted and sentenced to death despite having a reliable alibi and passing a polygraph test. It was only after repeated efforts by the Equal Justice Initiative (EJI) team that the U.S. Supreme Court unanimously overturned his conviction based on his attorney’s deficient representation and he was eventually exonerated after 30 years in solitary confinement on Friday, April 3rd, 2015.
Annotated Bibliography Bower, Alicia. " Constitutionally Crowded: Brown v. Plata and How the Supreme Court Pushed Back to Keep Prison Reform Litigation Alive." Loyola of Los Angeles Law Review 45.2 (2012): 555-67. Academic Search Complete. Web.
Yi Ding BUSN201-86N Ms. Richards 19 June 2016 Tort reform Nowadays, tort reform is a controversial problem in the United States. By comparing the pros and cons of tort reform from different aspects, I think that tort reform is necessary. The textbook, “Business law today” (2014), clarifies that tort is a wrongful act that results in harm or injury to another and leads to civil liability.
The case that I will be talking about today is the case of POM Wonderful LLC vs Coca-Cola Company in which POM Wonderful felt that Coca-Cola was using false advertising to promote its own drink to sell to customers. POM Wonderful makes its own fruits to be used in their fruit chooses and they sell a drink that is made of 100 percent fruit juices with 85 percent being pomegranate juice and the other 15 percent blueberry juice. Coca-Cola also make a juice drink through the Minute Maid division of their company with the label saying pomegranate blueberry in giant letters. The Coca-Cola juice is made with only 0.3 percent of pomegranate juice and 0.2 percent of blueberry juice along with 0.1 percent of raspberry juice and 99.4 percent of a combination of apple and grape juices. The focus of the complaint was that the Coca-Cola juice label had the words pomegranate and blueberry in all capital letters and then underneath that the words got smaller and explained that it was a “flavored blend of 5 juices” and that it was made “from concentrate with added ingredients” (Cheeseman).
To summarize this article, Tawana Brawley was an innocent 15-year-old girl that viciously been gang raped by six man one described as a cop. Her fragile body was found smeared with manure. Tawana later became a symbol, representing the unequal Justice for African Americans. Her story received many attention and was given lifelong donations that would benefit her in the future, but justice was never fought for this blameless girl. Nevertheless, When Rev. Al Sharpton, Alton Maddox Jr., and C. Vernon Mason took on her case that would be the beginning of the end to finding justice for Tawana.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Twelve Angry Men is in many ways a love letter to the American legal justice system. We find here eleven men, swayed to conclusions by prejudices, past experience, and short-sightedness, challenged by one man who holds himself and his peers to a higher standard of justice, demanding that this marginalized member of society be given his due process. We see the jurors struggle between the two, seemingly conflicting, purposes of a jury, to punish the guilty and to protect the innocent. It proves, however, that the logic of the American trial-by-jury system does work.
Key words victims, victimology, criminal justice system, victim compensation, supreme court on
Starbucks and Tim Hortons Nowadays, the number of coffee drinkers are increasing. As the demand for coffee grows, the number of coffee chains is also increasing. Of that, the representative coffee chains in North America are Starbucks and Tim Hortons. Starbucks has the highest brand awareness amongst the world coffee chains. It started in Seattle, the United State in 1971.