Monday, August 12, 2019
Multiple Case Study Example | Topics and Well Written Essays - 3000 words
Multiple - Case Study Example Judgment would bid all group members. Question 1: Like other defrauded clients, Mr. Groetschââ¬â¢s compensation should be in accordance to how much money he had lost through the Medical Capital Holdings security. In spite of Mr. Groetschââ¬â¢s diagnosis with Alzheimer and his familyââ¬â¢s request for Securities America not to do business with him, the stockholder still went ahead and sold him the securities. The arbitrator should consider his health condition, and the fact that his familyââ¬â¢s request for no business transaction between him and the American securities. The Americans sold securities regardless of the internal memoranda of Securities America, questioning the legality of the Medical Capital. The concerns spread to brokers diagonally in the company, yet Securities America continued to sell the bonds. The stockholder could have taken advantage of Mr. Groetschââ¬â¢s health condition to manipulate him into signing the transfer of Medical Capital securities. The characteristics of the disease include loss of memory severe enough to disrupt the normal activities of everyday. The stockholder knew that Mr. Groetsch could experience difficulties trying to maintain his memory ability and, therefore, defraud him. With Alzheimer, he would be unable to maintain employment, plan and execute tasks, to reason and exercise judgment (Fungate & Kinicki 299-305). Question 2 Since arbitration is less complex, cheaper and profitable, the judge should consider class action before arbitration. In this way, the court will compensate people that appealed for class action since they are the majority, and afterwards deal with Mr. Groetsch. Compensation of arbitration before class action may lead to depletion of funds and creation of fear caused by fewer funds available for the compensation of class action. Convincing Mr. Groetsch in case of a negative outcome is easier as compared to those in the class action, because one individual understand faster and bett er than a mass of people. Resolving Mr. Groetschââ¬â¢s case may be hard since he might not remember some details regarding his case due to his illness. This can further bring in contradictions that may delay the ruling of the arbitrator leading to loss of time and money. Arbitration in this case may take longer and might be expensive due to the one party involved who may experience loss of some memories and record different statements regarding the same case. It is more convenient to look for funds of one individual compared to those in a class action. Class action case consume a lot of time since it involves many people with similar interests, and the judge has to make a fair decision as compared to arbitration where the judge needs to approve the decision of the arbitrator (Fungate & Kinicki 300-303). Question 3: In most cases, teamwork is the best hence; Mr. Groetsch should join class action that is likely to be favored by the judge. Since arbitration is no longer possible, he should contemplate on where the best ruling will be, since the judges spent time on the class action case. Representation by attorneys is one of the issues he ought to think about because the attorneys perform well to ensure their clients get what they deserve. In addition, joining the class lawsuits will make the judgeââ¬â¢s work easier since he has to only deal with one case, and make an equal ruling in both
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