MGT-252 Political/Legal/Ethical Issues in Business: Week 1 – Dispute Resolution

MGT-252 Political/Legal/Ethical Issues in Business Week 1 – Dispute Resolution It is in the best interest of businesses to avoid litigation as it is costly and time consuming. However businesses often argue that to fail to litigate may open them to future claims of a similar nature. Review the case summary of Cooper Tire & Rubber v. Mendez, Supreme Court of Texas 204.S.W.3d797 (2006), attached. Additional information can be found here: https://caselaw.findlaw.com/tx-supreme-court/1289150.html Research the case for additional legal commentary. Write a paper of no less than 750 words, excluding title and reference pages, which answers the following questions: 1. The Texas high court held that expert testimony relied upon by the plaintiffs to establish their case. • Why was it considered not reliable? • What would have needed to have been done to have it viewed as reliable? • Why did the court then not order a new trial? 2. The jury believed the expert testimony presented for the plaintiffs. Why did their judgement not stand? 3. What was the reasoning behind Cooper Tire & Rubber’s decision to litigate the case rather than seek arbitration? 4. If you were the legal counsel for Cooper Tire & Rubber, would you have chosen litigation or arbitration and why? Include a minimum of two credible sources.

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