ead cases 42.2 (POM) and 42.3 (Goodyear) on pages 723-725. Support your answers to the questions below with legal concepts from this weeks learning.
Identify, compare and contrast the facts in both cases.
Define the behavior that was unethical- were either of these companies guilty of fraud – why or why not?
Which factors, behavior or actions would you have done differently if you were in charge of the companies? Why?
Apply at least two ethical theories to each case to support how you would have acted differently. See this weeks announcement where to find ethical theories to use for this question and throughout this class.
Support your answers with information from this week’s learning segments.
Be sure to provide in text citation and source information in APA format including a working URL. Please review the rubric and Discussion Board Expectations and Due Dates and contact me with any questions. Check the grading rubric to be sure you are submitting work for the grade you seek.
his weeks discussion board asked you to read two cases in your text. You needed to provide facts and compare and contrast the issues in those cases. You needed to define the behavior you identified as being unethical, needed to define fraud and take a position of whether or not you thought the company was guilty of fraud. You also needed to identify what you would have done differently if you were in charge of the company. The final part of the question asked you to apply two ethical theories from Chapter 42 for each case. As with any assignment, you would need to support your opinions with information from this weeks learning segments. Your text should be used as your primary source. with a minimum of two posts to your classmates. As indicated in the grading rubric and syllabus, if you provide minimum work you should not expect the maximum grade. Factual information provided needs proper citation as well as your sources.
The first case POM brought an action against Coke Cola under the Lanham Act for misleading advertising. The issue before the Supreme Court is whether or not POM could bring this action. The Supreme Court found POM could and remanded the case to a lower court for the actual hearing on its merits. A jury found that there was no deceptive advertising.
In the second case, Goodyear was sued by plaintiffs injured after an accident with their motor home. During the discovery phase of the case which lasted several years, Goodyear was slow in responding and was later shown to have not provided all the testing results on that particular tire. Unfortunately for the plaintiffs, they had already settled the case by the time the particular test results were found by their attorney in another suit. The issue before the Supreme Court was whether Goodyear should pay their entire attorneys fees. The Supreme Court held that Goodyear should only pay the portion of the fee caused by Goodyears withholding of evidence. The Court remanded the case for determination of what that amount was. The ethical theories to be used are in Chapter 42. They should be defined before being applied.
Your multiple posted analyses provided different perspectives – you took multiple positions. You only need to complete your responses to the questions once with responses to other classmates posts. You can copy and paste the information in the spaces provided without attaching a document. Given your analysis I am unsure you understood the cases and the holdings of the courts. Please review the document provided in the announcements regarding reading cases.
You did not meet the minimum number of posts to classmates- no posts were made. The ethical theories that should be used are from Chapter 42 – see the list of the 5 major ethical theories listed below (this is from the Week 1 announcement) – they should be defined before being applied. You also need to provide in text citation of the factual information you provide.
HINT from Week 1 announcement- whenever an assignment asks about ethical theories or an ethical analysis, you should be using one or more of the ethical theories in Chapter 42 and will be using these theories throughout the class. (5 major theories are ethical fundamentalism, utilitarianism, Kantian ethics, Rawls social justice theory and ethical relativism).
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