This case analyses and discusses about the bank of America and Wells Fargo against the City of Miami. The Bank of America brought the case back to court after it was ruled against them in the first Federal appeal. According to the case, a plaintiff is considered to be “aggrieved” under the title VII with a condition that the person falls under title VII “zone of interest”. The two banks were alleged to be in the discrimination of the African-Americans and the borrowers from the Latino origins. There was a discriminated against issuance of mortgages which would likely lead to a foreclosure. The city lowered the tax revenues and increased spending towards the affected areas. The dimension of this lawsuit was using the fair house act (FHA) of the 1968 civil rights. This lawsuit helps in preventing discrimination of selling, renting and financing the house. The two questions presented include; after there was a limitation in the lawsuit regarding “aggrieved persons”, was there a requirement by the congress that the plaintiff was able to plead more than what the article III stated? The second question was, does the proximity causes require more than the actual possibility that the people defending are protecting the remote plaintiff 's loss of money through contingency chains? This essay aims to discuss the lawsuit and analyze the case fully together with predictions of the results, which might come out at the end of the lawsuit. The analysis of this case entails the
The Wells Fargo scandal involved a variety of stakeholders who have stake in the issue; however, the main stakeholders include the consumers, the employees and their families, and stockholders of the organization. The affect these stakeholders suffer varies, but the ultimate affect the scandal has had is violation of trust by Wells Fargo and its leadership. When examining this situation, the main stakeholders who suffered the greatest harm from the scandal were the customers who fell victim to the fraud and had their privacy violated by an organization they trusted. In the course text, Trevino and Nelson spoke of the importance of trust and its importance in a service economy. Wells Fargo violation of the consumers’ trust has ultimately added
The last decade has produced an explosion of racial employment discrimination lawsuits. These lawsuits have resulted in record-breaking settlements. By federally mandating every business to review the history, impact and proposed policy of Article VII these lawsuits may subside. Reviewing Title VII is a step corporate America must soon make or continue to loose much needed revenue. Our team will discuss the history of Title VII, the impact of Title VII in the workplace, who is and who is not covered under Title VII as well as propose policies that companies should have in place to avoid Title VII violations.
Facts: This is a Title VII action alleging harassment based on national origin and religion. The facts are set forth in the light most favorable to Rafiq. On May 11, 2001, Mohommed Rafiq was hired as a car salesman. Rafiq was born in India and is a practicing Muslim. The alleged harassment began on September 11, 2001. When he arrived for work that afternoon, his co-workers were watching news coverage of the terrorist attacks and one of them asked him in a mocking way, "Where have you been?", as if to infer that he had participated in the attacks.
The plaintiff, Plessy was criminally liable under the separate but equal statute for using facilities designated for a different race. He was thus found guilty under the fact that the statute reasonably exercised the state police powers with regard to the state’s tradition, usage, and custom. Plessy, thus filed a petition against Justice Ferguson for writs of prohibition and certiorari in the Louisiana Supreme Court on the
It is without a doubt that discrimination in this country has existed since its early stages. However, to this day after many movements and eras to try and eliminate it all together, it remains. And in this class, we seek to understand why. For these last couple of weeks, we discussed the 14th amendment and more specifically referenced its equal protection clause which vows to protect the fundamental rights of “all” citizens of the United States. Because of this state and federal governments attempt to create neutral laws that will apply fairly to all citizens in the United States. Which seems to be the best thing they can try and do nonetheless if a bill is said to be neutral, but has an unequal influence on a particular group of people problems
The project was unable to obtain investments and its plans were abandoned in the end. The promises of new jobs and an increased tax revenue were all forsaken. Today, the property that was once a neighborhood for families, is a vacant property with no beneficial purpose to the community that it was meant to serve. American’s view of eminent domain, because of the Susette Kelo case, have changed dramatically since seeing the results from the economic project in New London. More Americans believe that eminent domain should only be exercised in the case of benefiting the public and not for the purpose of advancing economic activities of private parties. The case of Kelp V. New London explains how important it is as public administrators to view and interpret policies to make better decisions on how the process of implementation can better serve the needs of society for the greater
The 1950s was probably the most important decade for Mexican-American citizens in Texas. Discrimination has always been a big issue for Mexican-Americans because they have always been treated as invisible white people in Texas. Supposedly they are citizens of our country, but somehow they were not given equal rights. There were occasions in Texas where a white citizen, for no good cause, shot a Mexican-American unexpectedly. Texas restaurants wouldn’t serve Mexican-Americans. They had separate restrooms and schools between white and Mexican-American. In this essay we will be discussing the case Hernandez v. Texas, 1953; the details and the outcome.
It has been argued since the start of immigration whether or not aliens (undocumented or documented) should have the same equal rights as Americans when it comes to employment, education, and benefits in the United States. Despite what individuals believe or disbelieve, under certain acts, codes, laws, and the U.S. Constitution, all aliens have rights, regardless of their immigration status. In this paper I will discuss an overview of the court case, Patel v, Quality Inn South, which deals with an undocumented alien who was able to recover funds from his former employer. I will explain the acts that impacted the case, whether I agree or disagree with the outcome of the case, and my personal opinions of the case itself.
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a motor vehicle accident caused by a negligent truck driver; they have great standing to sue against the neglectful driver and the company associated with the ownership of the vehicle. Regardless of the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation responsible for the damages caused by their staff and property; reason being that they are protected under the Constitution’s diversity of citizenship, and the privileges and immunities clause. Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court that the matter needs to be brought to.
Hurricane Katrina destroyed the New Orleans system of courts, allowing the removal of all checks and balances. The factual narrative of Zeitoun, a Syrian American businessman, concerning his arrest one week after hurricane Katrina as recounted in Dave Eggers Zeitoun. His story, one of many, describes what happens when law enforcement and government ignore constitutional protections. One year after Katrina Brandon L. Garrett and Tania Tetlow’s article, Criminal Justice Collapse: The Constitution After Hurricane Katrina published in the Duke Law Journal, explains what happened. Two years after Katrina, Caterina Gouvis Roman, Seri Irazola, and Jenny W.L. Osborne’s research in After Katrina Washed away? Justice in New Orleans published by the Urban Institute, reviews the then current state of the New Orleans legal system and finds the continuation of the same problems. In Zeitoun’s case, without oversight, law enforcement denied him access to communication, counsel or due process.
As a staff analyst, I think that there are many alternatives present which can save the Bank from a huge loss. Actually in this dispute I feel that Bank is right because they made it clear in the purchase order that the machines needs to be shipped through Yellow Freight and also paid the invoice before time as per their custom. But still the carrier was changed by Data Max without asking or informing the bank.
This inequality in the political system that claims to be the fairest and most democratic in the world is unsettling in itself. However, the other inequalities still seen in US society are even more staggering. In 1968, when the Fair Housing Act put in place federal law to prevent racial discrimination in the buying and selling of houses, it was a stepping stone to a more integrated society. However, in 2005, the Federal Reserve Board conducted a survey that researched 5.3million mortgage applications, in 19 cities, from 9,300 financial institutions. Their conclusion was that African-Americans were 2:1 more likely to be turned down for a mortgage than whites, which is an overwhelming statistic.
In September of 2016, it was revealed that there was alleged misconduct at one of the largest and safest banking institutions in the United States. Wells Fargo Bank was ranked among the nation’s safest financial institutions according to an analysis done by Global Financial, (Inside Tucson Business, 2009). Alleging that between May 2011 and July 2015, there were more than 2 million bank accounts or credit cards opened for customers without their knowledge or permission (Blake, 2016). Clients started complaining the they were receiving debit/credit cards from the bank that they had not ordered. Wells Fargo employees also started complaining that about the unethical behaviors they witnessed or were asked to participate in to the Human Resource Departments, the bank’s internal ethics hotline, branch’s individual managers and supervisors. All which led to the discovery of the fraud scandal.
As a topic for this research paper, I decided to analyze the ethics behind the recent mortgage crisis in the United States. Banks were approving people for loans very easily, to people they knew would not be able to pay them back. Thus, many people were buying homes, missing payments, getting foreclosed on, and ruining what credit they had. Throughout this paper I intend to show how the practices that the banks were using were unethical. I will show who stakeholders were, and analyze them through Utilitarian and Kantian standpoints.
The amount required to pay the existing loan in favour of The Toronto Dominion Bank in accordance with the payout statement for the release of the PPSA lien purposes provided by the lender and reviewed with you prior to closing was deducted from the sale proceeds. A copy of PPSA search confirming The Toronto Dominion Bank has released their interest is enclosed for your reference.