Sunday, February 16, 2020

Class Action Lawsuit Research Paper Example | Topics and Well Written Essays - 1000 words

Class Action Lawsuit - Research Paper Example Player safety has long been a highly controversial issue in American football and traumatic injuries have been in the center of the causes. Prevention of injuries in this support has caught media attention and has been on public service messages and being dealt with on different training levels. Unfortunately, this has not been enough. The number of players suffering is large enough this time again to make a joinder impracticable; hence the class action lawsuit was filed, while others still continue to sue the league individually. The lawsuits accuse the National Football League of fraudulent concealment, material misrepresentation, conspiracy, negligence, obfuscation and negligent misrepresentation. The players claim that, whether or not they had played differently, if they were fully informed, the league’s failures would not get an excuse. They allege that the league failed to take proper precaution for the protection of its players from repeated hits on the head which resulted in brain injuries later in life. Players cite short term memory loss, depression, mood swings, long term brain injuries, dementia and chronic traumatic encephalopathy being suffered by many of them as a result of what was the National Football League’s responsibility. A master complaint has been filed, consisting of over 100 lawsuits at the moment involving over a 1000 ex-players, while the league vehemently denies the accusations. Being the plaintiffs’ attorney, it is natural to make the first move and make use of the tactical advantage and build the lawsuit based on the inherent advantage of acting first. Keeping the timing in control and handling the sequence of discovery accordingly, it is most appropriate to keep the defendant in a defensive position for the entire lawsuit and keep the players’ perspective dominating. The best course of action would be to take the steps to schedule the discovery and keep the defendant’s hands on to producing discovery which they cannot lawfully resist; a step further on requiring full details and a full paper discovery in depositions would enhance the chance for a favorable settlement or verdict (Coffee 677-678). A case filed when everything is set and ready is to be good enough to challenge the defendant's sufficiency in each of the answers to make it possible for a move to strike as an insufficient defense under US Federal Rule of Civil Procedure 12(f). The next step would be to keep the defendants on a firm deadline, be it the scheduling of discovery or trial dates, and get what you require in waves or groups of interrogatories and requests starting from the documents relating to the league’s information on head injuries and prevention followed by a wave of depositions of the league’s current and former employees and designates. The essential part in this approach would be to wait till completely making your case before producing the players in the court for testimony or deposition, not only keeping the defense lawyers anxious to get at the plaintiffs by raising comparative faults and judgment errors on behalf of players but also not giving them the opportunity to have a re-deposition. Producing the experts for opinion and fact verification and then questioning the defendant’s experts would maintain the initial advantage on the case, giving you the chance to question the defendant's documents and experts after they have had to question yours. Keeping a systematic approach towards the case

Sunday, February 2, 2020

Critical Comparison of Websites Essay Example | Topics and Well Written Essays - 2000 words

Critical Comparison of Websites - Essay Example The expectations and satisfaction of customers are also of great importance to companies using the Internet for business development. For instance, the quality and effectiveness of Web sites have been associated with customers’ perceptions of the brand as well as their satisfaction and repeat purchase behavior (Chen and Wells 1999). Majority of companies provide extra effort in satisfying customers through the use of Web sites as their perceived quality and satisfaction towards a firm’s Web site have been linked to its productivity and performance within the service industry. In addition, the media has continually reported the role of electronic commerce for both consumers and organizations. In North America, for instance, Internet users were shown to look for online information before purchasing a product (eMarketer 2009) while 51% of them completed the purchase and business transaction online (eMarketer 2010). Although this innovative strategy is viewed to be fundamen tal, the quality of services offered through the Internet remains greatly unpredictable. According to Agarwal and Venkatesh (2002), there is a need for organizations to be aware of and completely understand the barriers and determinants on online purchasing; moreover, they should also be capable of establishing Web sites that can increase the likelihood of visitors to become purchasing customers. This is especially important as customers have been reported to increasingly seek online product information through Web sites although final purchases may not always be completed through the Internet. Nonetheless, Web sites should demonstrate quality in both the offered services and provided information (Parasuraman and Grewal 2000). The current paper will look into the similarities and differences between the Web sites of two fashion brands, H&M and Ralph Lauren. While H&M aims to offer fashion at a good quality along with the most reasonable prices, Ralph Lauren offers luxury through its clothing items. Owing to this difference with regards to the products and prices they offer, this paper will further examine whether they also exemplify variations with regards to their construction and use of Web sites, particularly their quality and effectiveness. Framework (NetQual scale) The use of the NetQual scale will allow the researcher to create a comprehensive view on the Web site quality and effectiveness of the two brands by looking into a number of variables- ease of use, information quality and quantity, visual design, and interaction personalization. Ease of Use The level of usability that is exhibited in a firm’s Web site plays a fundamental role for end-users. If an application is not easy to use and customers experience difficulties in interacting with it, it is most likely that the services and information provided through the Web site will be perceived to be important only by a small number of users. The purpose of usability is to reduce the complexities of Web sites and simplify their interface to ensure that all users are able to have a favorable experience when navigating the site (Welch and Panday 2007). Upon entering the H&M Web site, it was easy to understand the intentions of such application, which is to provide information and offer services, due to the fact that a wide range of specific links were available. For instance, ‘