MGT 360-OL1: The Movie “A Civil Action”

Name
Instructor
LEGAL ENVIRONMENT OF BUSINESS I
MGT 360-OL1
Date
The Movie “A Civil Action”
1 For the following people in the movie, identify the ethical dilemma(s) each person faced and the Theory of Ethics/Approaches to Ethics discussed in class that were employed by that person in attempting to resolve their ethical dilemma(s):
1 Jan Schlichtmann
Jan Schlichtmann is the plaintiffs' lawyer and he first takes the cause to make a name for him and increase the profile of his law firm. However, the law firm loss the case and he loses all his money in the case. The lawyer faces a dilemma whether to continue the fight even as he urged the plaintiffs to take the $8 million settlement as the last option, yet this seems too little too late The utilitarianism approach focuses on achieving the best outcome and greater god for all (Miller 73). Schlichtmann mainly uses this approach by first borrowing money to continue the case to achieve a better outcome, and fighting for all plaintiffs and interested parties till the end.
2 Al Love
Al Love was employed by W.R. Grace one of the companies suspected of polluting the water sources faced a dilemma on whether to provide information to authorities and how this would affect his livelihood. The defense witness had children some of who suffered various illnesses, suspected to be because of the polluted waters. He fails to be a witness who could reveal important information about the handling of toxic solvents even after witnessing unsafe disposal, but over time he opens up. All Love first relied on duty-based ethics (deontological ethic), which focuses on the obligations of the corporation linked to standards of behavior. Al Love used this approach as he realized that he had a duty to reveal all he knew even if this led to him losing his job (Miller 72-73).
2 In the case, Judge Skinner ruled that the case must be split into several parts. First, the plaintiffs must show that the contaminants released by the defendants reached the wells such that the water was contaminated by them. If that was not proven, the defendant was found not liable. If a defendant was liable, the trial would continue on the health effects of the contamination on the citizens and their damages.
3 How did this unusual ruling impact the normal order of the trial?
The judge split the case into phases and this meant that the case proceeded in phase beginning with establishing whether contamination reached the weather wells and liability for groundwater flow. this may have prolonged the case where the first part there were arguments and evidence to support and contradict whether Grace and Beatrice were negligent in disposing and dumping the industrial waste, and this need to be established before determining the medical causation. Questions on liability and damages were split rather than all of the matters pertaining to the case being tackled. Similarly there was the duty, breach of duty and causation were first addressed, before there was a trial on damages.
4 What was the impact of Judge Skinner’s ruling on the plaintiffs? (i.e. how did this ruling hurt the plaintiffs?)
Splitting the trial into phases makes it more challenging for the plaintiffs to make objections ...