Civil Action The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system. The purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities, who can afford the very best legal services, …show more content…
The harm must be linked to the behavior of the defendant, a factor often hard to prove. The attempt to link the harm to the behavior of the defendant produced its share of successes and failures for the Schlichtmann team. Not only did the plaintiffs have to prove that the corporations contaminated the water, but they also had to show that the contamination caused the leukemia and the other health problems. To do this they enlisted the help and expertise of numerous doctors and specialists. Naturally the defending side recruited their own set of experts. As in any case, each side is going to have an expert who will refute the testimony of the other side’s expert. This is a normal part of arguing a case, but can cause confusion and complication on the part of the jurors. A lesser-anticipated pitfall associated with expert witnesses, is the possibility of them making a mistake. Especially in a case such as Woburn, where both sides have a slew of expert testimony, lawyers such as Schlichtmann aren’t able to catch or prevent every mistake. Even if eventually caught and corrected, one mistake can prove to be very damaging. In A Civil Action, George Pinder, Schlichtmann’s expert in hydrology and groundwater movement, made a minor calculating mistake. Although minor, “Schlichtmann knew that Facher and Keating would not miss this mistake, and that they would use it on cross-examination to attack Pinder’s credibility” (Harr 327). An expert witness whose credibility is
In class, we have learned many important topics in the legal, ethical, and regulatory environment of business. However in the classroom setting, we have examined each of these topics individually. Jonathan Harr’s A Civil Action allows us to see how the topics learned relate to one another in the context of a real world setting. His book provides an engaging read about the legal practice action while connecting the topics of the relationship between law, business, and ethics; the court system and litigation; alternative dispute resolution; and the nature of the corporation. A Civil Action complements the material learned in class, and it helps to create an overall cohesiveness between the topics learned in class that
In the movie “A Civil Action” Jan Schlichtmann takes on the case of his life as he prepares to take down, deep pockets, Beatrice Co. and Grace Foods. At first Schlichtmann does not see any money in the case and tosses it aside. When he goes to tell the families who lost their children that he can not take the case, Anne Anderson tells him about a tannery in the woods behind the neighborhood. After Schlichtmann goes and sees that these tanneries have deep pockets connected to them, he agrees to take on the case. Soon he gets emotionally invested; which was his one rule: to never get attached to a case and sympathize over the victims. In law he can not cloud his judgment with emotions because he will make irrational decisions based on the victims and forget what is best for
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
Though Jan put off the Woburn case for a long time, he took it thinking that a public interest firm would brunt the cost and workload. As it turned out, he and his associates had to take on the companies, and their prominent attorneys, single handedly. Even the EPA couldn't conclude a connection in the poisoning and refused to "help an attorney collect a settlement fee." As Jan became obsessive with the Woborn case, a reader is able to tag along on a host of legal battles put forth by the opposing counsel. Rarely used legal rules, such as "Rule 11", were put forth to destroy Jan and the case itself. This is further complicated by the trial judge, Judge
"If the fires of freedom and civil liberties burn low in other lands, they must be made brighter in our own. If in other lands the press and books and literature of all kinds are censored, we must redouble our efforts here to keep them free. If in other lands the eternal truths of the past are threatened by intolerance, we must provide a safe place for their perpetuation." Franklin Delano Roosevelt, 1938 (Isaacs 66)
Civil Liberties and Civil Rights are two terms that are often used interchangeably in America. Since the founding of our nation there has always been the debate of the limit of government and what rights were guaranteed to each individual. Many of the architects of our government feared that national government could one day become too powerful and begin to infringe on the individual rights of the citizens. As a result, a Bill of Rights was added to our constitution. The Bill of Rights serves as a guide of what the government cannot do. Civil Liberties simply establish precedent on what rights the United States government cannot abridge on. Civil Rights, on the other hand applies to the rights of individuals. Over the history of our nation the question of civil rights has found itself becoming a pillar of our legal system and has been very instrumental in our quest to become a “more perfect union”. In recent history one civil liberty that has caused a continual controversial debate is the second amendment, in addition to how it applies to gun control measures that are being proposed in order to decrease the level of mass shootings. The second amendment clearly defines the intention of individuals to have the right to bear arms. In order to understand why gun control advocates have failed to secure effective gun control legislation, we must explore the reasoning why the second amendment is interpreted the way it is and should Americans be allowed to own guns?
Jan Schlichtmann initially didn't want to take the case because he doesn't think that there will be any money in it for him and his firm. Even though he goes and sees how much pain this company has caused to the people in Woburn Wells, he still doesn't care because of the money. Not until he realizes how big the companies are does he take the case.
Our Founding Founders established the federal government with three distinct branches, each with powers over the other in order to have a proper checks and balances to ensure fairness across the board. The U.S. Constitution outlines the powers and responsibilities of the three branches of government and is a critical document for the federal government. Important laws and documents such as The Bill of Rights, The US Civil Rights Act and The Freedom of Information Act (FoIA) are managed by our Constitution. Below we will discuss three subjects which set up a diverse broad range of viewpoints that are essential in our democracy.
part in todays lessons plan. Also should be parents aware, that not talking to your
The movie a Civil Action covers the Woburn Case which was Anne Anderson and other small families who decided to sue the companies Beatrice Foods and W.R. Grace. The reason for Anderson and the other families to decide to sue was because they believe the companies dumping of poisonous chemicals was the reason to their children’s leukemia deaths. However, when they reached out to Jan Schlichtmann to handle their case he was not the most positive on wanting to help them, “Ms. Anderson, our firm is very small, three attorneys that's it, which means we can only take on so many cases at once and we have to be very careful on the ones we do take because we can't afford to lose, our clients pay nothing, we pay everything, and the only we get paid back
Plaintiffs contend the forum selection clause limits them to Virginia state court, where a class action remedy would be unavailable to them; this, they contend, violates California public policy favoring consumer class actions and renders the forum selection clause unenforceable.” (Doe 1 v AOL LLC, 2009) The district court granted AOL’s motion and dismissed the action.
Thank you for contacting me about H.R. 1927, the Fairness in Class Action Litigation Act. I appreciate your thoughts on the issue.
Jonathan Harr wrote a compelling novel, called A Civil Action, on the actual events of a thrilling court case involving two major corporations and the families who were affected greatly. In Woburn, Massachusetts there were twenty-eight children who contracted acute lymphocytic leukemia between the years of 1964 and 1986. The explanation for the contraction of the disease and even the death of some of the children was discovered in the water; two municipal wells near the town were found to be contaminated with toxic chemicals. Eight families filed suit against W.R. Grace & Co. and Beatrice Foods Inc., accusing them for the contamination of the wells and the death of their children. The families only wanted an apology and the truth but when
1. Discuss when, why and how the Cold War began. Then cite at least one factor that perpetuated the Cold War in each decade from the 1950s-1980s and discuss how the item you selected affected America at home as well. Last, discuss when and why the Cold War ended.
The political concepts of justice and how a society should be governed have dominated literature through out human history. The concept of peacefully resisting laws set by a governing force can be first be depicted in the world of the Ancient Greeks in the works of Sophocles and actions of Socrates. This popular idea has developed over the centuries and is commonly known today as civil disobedience. Due to the works of Henry David Thoreau and Martin Luther King Jr. civil disobedience is a well-known political action to Americans; first in the application against slavery and second in the application against segregation. Thoreau’s essay “Civil Disobedience” and King’s “Letter from Birmingham Jail” are the leading arguments in defining