Litigation Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Litigation including: alternative dispute resolution, antitrust and trade regulation, appellate practice, arbitration, business litigation, civil litigation, class actions, commercial litigation, corporate litigation, financial litigation, mediation, pharmaceutical litigation, product liability litigation, unfair competition.
Possible Problems Concerning Choice of Forum Agreements in European Supply Chains
April 25, 2013 By GRP Rainer LLP
The jurisdiction for the enforcement of claims may depend on whether a choice of forum agreement was reached between the parties.
The Cheapest Way to Divorce
April 24, 2013 By The Law Offices of Scupp & Berman, LLP
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
Government Involvement in a False Claims Act Case
April 23, 2013 By The Whistleblower Law Firm
Blowing the whistle on fraud that is committed at the expense of U.S. taxpayers is, generally, governed by the federal False Claims Act. The Act allows a private citizen to step into the shoes of and pursue a claim on behalf of the government.
No Impact on Whistleblower Claims after Off-Label Drugs Ruling
April 19, 2013 By The Whistleblower Law Firm
Although off-label prescription drugs are involved in many False Claims Act cases, the Second Circuit Court of Appeals recent decision looks unlikely to have any major impact on whistleblower lawsuits.
Whistleblower Rewards: A Reason for Taking a Risk
April 19, 2013 By The Whistleblower Law Firm
There are risks to blowing the whistle on illegal, corrupt or fraudulent business practices, but there are also protections and incentives built into the process as well.
Enforcement of Foreign Judgments in Turkey
April 16, 2013 By Cindemir Law Office
This article aims to explain Enforcement Procedure and Conditions in Turkey. International private and civil procedure law of Turkey and Turkish Procedure Law are the main laws governing the procedure of enforcement of Foreign Judgments in Turkey. In this article, we’ll guide our readers based on the provisions of these laws. It is also important to note that Turkey ratified Convention on the Recognition and Enforcement of Foreign Arbitral Awards which apply to the cross-border enforcement.
Formal Requirements for Filing an Action Must Be Strictly Observed - Germany
April 16, 2013 By GRP Rainer LLP
In its ruling of 7 December 2012 (AZ: 6 K 1736/10), the Rhineland-Palatinate Finance Court ruled that filing an action by e-mail may also be permissible without a qualified electronic signature.
The Effect of Government Intervention on a Whistleblower Award
April 11, 2013 By The Whistleblower Law Firm
The False Claims Act was designed to provide an award to encourage potential whistleblowers to come forward and take steps to stop the waste of taxpayer dollars.
Motorcycle Crash
April 11, 2013 By Howard Roitman & Associates
Motorcycle safety concerns many aspects of vehicle and equipment design as well as operator skill and training that are unique to motorcycle riding.
Liability of Directors in Canada - An Excerpt
April 10, 2013 By Ellyn Law LLP
This an excerpt of the Canada chapter of International Liability of Corporate Directors, 2nd ed., Juris Publishing, Feb. 2013. Parts of the full chapter are excluded, including, offering corporations, corporate reporting, role of securities commissions, insider trading, prospectus violations, loans and liability insurance and indemnification. Please consult the full chapter. Information only not legal advice.
The Enforcement Order Procedure Can Serve to Simplify the Enforcement of Claims - Germany
March 28, 2013 By GRP Rainer LLP
The procedure of enforcement orders can potentially be a simple and cost-saving alternative for businesses to enforce claims for payment.
Civil Litigation Procedures in Ontario, Canada
March 27, 2013 By Ellyn Law LLP
This summary of Civil Litigation Procedures was prepared on the on the occasion of the 2012 Annual Conference of the International Network of Boutique Law Firms in Rancho Palos Verde, CA on Oct 12-14, 2012. The law and procedure are similar but not identical in the Canadian common provinces and territories but differs in Quebec which has a Civil Code. This summary is not exhaustive and is not intended as legal advice.
Effective Advocacy in Commercial Arbitration
March 27, 2013 By Ellyn Law LLP
With the proliferation of international commercial arbitration and business arbitrations locally, a large body of rules, protocols, laws and conventions - formal and informal -- have developed. Litigation lawyers cannot assume they know the ins and outs of arbitration without learning how the details. This article reproduces the power point slides of a presentation made by the author at an Arbitration Advocacy seminar in October 2012. They are for information only and not legal advice.
Does a Heter Iska Increase the Risk of Litigation? - Canada
March 25, 2013 By Wagner Sidlofsky LLP
Many Orthodox Jews involved in commerce face a challenge in complying with the Biblical prohibition against charging interest. Recognizing the problem the Rabbis created a legal document recharacterizing the "loan" as a commercial agreement & lender as an investor and the interest as shared profit. This agreement is called the Heter Iska. Given the different rights that flow from a loan the author poses the question -is there a litigation risk to a lender who signs a Heter Iska?
Sexual Harassment - How Safe Are You at Work?
March 25, 2013 By Jayadeep Hari & Jamil
A survey showed that 7 out of 10 female employees were sexually harassed at their workplace. So, how safe are you at work?
The Role of Arbitration in International Business
March 24, 2013 By Ellyn Law LLP
International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses from different countries. In this presentation, the author describes the systems and procedures applicable to international commercial arbitration and helps business people understand what to expect.
Criminal vs. Civil Charges
March 11, 2013 By Fisher & Talwar, Professional Law Corporation
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
Oral Promises as Contracts
March 11, 2013 By Fisher & Talwar, Professional Law Corporation
The former CFO of Sterne Agee Group, Inc is suing the Alabama based investment bank for breach of contract, among other allegations. According to court documents, former CFO Brian Barze worked as the CFO of another company which was grooming him for a CEO position when Sterne Agee approached him about the CFO position at its own company.
Lawsuit Settlement Funds: Pay Your Bills with Pre-Settlement Loans
March 10, 2013 By Brent Adams & Associates
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.
Poorly Designed Headlights Leave Many Porsche Drivers in the Dark
March 2, 2013 By The Whistleblower Law Firm
In less than a minute, the high-end headlights could be popped out with a screwdriver, leaving owners and lessees with vehicles that can’t lawfully be driven and that cost thousands of dollars to repair.
My Transvaginal Mesh Is Defective. Now What?
March 1, 2013 By Silvers, Langsam & Weitzman, P.C. - Personal Injury
The medical devices were meant to fix pelvic organ prolapse and stress urinary incontinence, but many women found they were the victims of untested devices that caused greater pain and serious complications.
Technology in Litigation and its Cost Saving Ways
February 12, 2013 By Olender Legal Solutions, Miami Court Reporters
Technology has become a staple in today’s legal industry by shaping and changing the way business is conducted.
Personal Injury Claims - How to Protect the Client after Settlement - Canada
February 11, 2013 By Wagner Sidlofsky LLP
Car accident victims suffering from a catastrophic injury often cannot conduct their own affairs. If there is no power of attorney Court’s must approve both of the person being appointed as Guardian & the management plans. Any settlement agreement with the insurance company must also be approved by the court. To that point the system in Ontario effectively protects the best interests of the incapable person. The question is – what about afterwards?
Warranty Claims in Sale of Goods Law - Germany
February 11, 2013 By GRP Rainer LLP
The Federal Court of Justice recently ruled on when a buyer has purchased a so-called “lemon” („Montagsauto“) and for this reason is able to revoke a concluded purchase agreement without setting a grace period.
2 Steps to Take When Served with a Summons and Complaint
February 7, 2013 By Fisher & Talwar, Professional Law Corporation
Owning a business is not without certain legal risks. Businesses are vulnerable to the perils of being served with a business litigation summons and complaint at any time. Customers can think of all kinds of reasons to bring a lawsuit against a business.
Ontario Canada Limitation Periods - When is a claim Discovered?
February 5, 2013 By Wagner Sidlofsky LLP
Arguably, Ontario's Court of Appeal decision, Ferrara v. Lorenzetti Wolfe Barristers & Solicitors [FN i], profoundly changed the law regarding limitation periods. In Ontario claims have to be started before the second anniversary on which the claim is discovered. Some say Ferrara stands for the proposition that a claim is not discovered when an unsophisticated litigant reasonably relies on the lack of advice given by his lawyers that such a claim can be made.
Spoliation: Destruction and Failure to Safeguard Evidence
February 5, 2013 By Reeves, Aiken & Hightower LLP
At any trial, parties must show evidence to prove their claims. Sometimes, the most effective way, or even the only way, to prove a point is through physical or documentary evidence, e.g. the allegedly defective product in a products case, the weapon actually used in a criminal case, or patient files in a case of nursing home negligence. There are obvious motives to destroy such evidence, and destroying or failing to safeguard such evidence is known as spoliation.
Choosing a Day-Care Center for Your Child
February 4, 2013 By Baumgartner Law Firm
Making the right choice of placing your child in someone else's care can always be a difficult decision. In fact, there are many important factors to take into consideration when planning to choose a day care center for your child.
Defective Product Liability Stemming from Failure to Pull Product from Shelves
January 26, 2013 By The Miley Legal Group
Defective product liability stemming from failure to pull product from shelves may require the services of personal injury lawyers in Clarksburg.
Litigation in Dominican Republic
January 14, 2013 By Mesa & Mesa Law Firm
The system of civil and commercial liability in Dominican Republic is based on the French Civil Code of 1804. The litigious process is an adaptation of 19th Century French civil procedure legislation with a certain number of updates and modifications.
Absolutly Pure competition
January 9, 2013 By Cai & Lenard
The global brands can assert the rules of fair competition in Ukraine.
Orders and Awards in Commercial Arbitration and Related Court Proceedings - Canada
December 4, 2012 By Ellyn Law LLP
The authors discuss the impact of an important decision of the Ontario Superior Court concerning an arbitrator’s jurisdiction to make orders affecting non-parties and related matters. Also discussed is the enforcement of an award under section 50 of the Arbitration Act.
Change of Claim - Indonesia
December 2, 2012 By Leks & Co
Herzeine Inlandsch Reglement ("HIR") and Reglement Buiten Govesten ("RBg") do not regulate the provisions of changing of claim. The legal basis for changing of claim is regulated under Article 127 Reglement op de Rechsvordering ("Rv").
Exception of Competence to Judge - Indonesia
December 2, 2012 By Leks & Co
Exception, in Civil Procedural Law context, has the meaning as an objection. Exception can also be defined as a defense (plea) proposed by the defendant against the plaintiff’s claim.
Enforcement of Foreign Judgments in Belgium
December 2, 2012 By Mul Law Offices
A judgment may be enforced in the Country or State of its origin.
Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title.
Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.
Did Lawsuit Get Filed in The Right Place?
November 30, 2012 By Wischmeyer Law Office
In the age of the internet, filing lawsuits has become more complicated. Consider the scenario where you order a product from a website and the company is from out of state or maybe you are working with an vendor or supplier that is located out of state. Some dispute arises and a lawsuit is imminent. Where should the lawsuit be filed?
Video Deposition Formats - What They Are and How to Choose
November 28, 2012 By Olender Reporting
This article was written to help explain the various video formats available to attorneys after conducting a video deposition.
New Law Provides for Quicker Resolution of Alabama Personal Injury Claims
November 26, 2012 By Drake Law Firm
This article discusses a new law in Alabama allowing parties to hire a private judge to preside over certain cases, including non-jury personal injury claims. In addition to providing details of the new law, this article also identifies the benefits that a personal injury claimant may reap from utilizing the new private judge system.
Cosigner Liability in Chapter 7 Bankruptcy
November 16, 2012 By Warren & Migliaccio, LLP
Chapter 7 bankruptcy does not erase cosigner liability. Cosigners may still have to pay your debt. Chapter 7 bankruptcy attorneys near Plano, Texas can explain.
Defending Interests of Foreign Companies in Ukrainian Courts: Theory and Practice
November 8, 2012 By Frishberg & Partners
Welcome to the conference hall of the Investment Company Sigma Bleyzer. We have an interesting topic for you today, a topic that is interesting in any country, but especially so in Ukraine. Our topic today is how to protect foreign investors in Ukraine and what legal support is available from professionals. My name is Alexander Pavlov, head of the Ukraine-Israel Business Council.
New Liability for Company Officials in the Ukraine
November 8, 2012 By Frishberg & Partners
We would like to inform you that the Law of Ukraine No. 3454 “On Amendments to Certain Legislative Acts of Ukraine to Increase Liability for Violation of Personal Data Protection Law” comes into force on July 1, 2012. The key provision of this law establishes liability for company officials in case they fail to register personal data base with Ukrainian authorities.
Contractor-Friendly PA Mechanics' Lien Change
November 7, 2012 By The Martin Law Firm, P.C.
A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the benefit of the contractor, when a construction project takes a wrong turn. A mechanic's lien is a security interest that is placed on the title to property for the benefit of those who have supplied labor or materials that improve that property. 49 P.S. § 1101 et seq.
The World Awaits - Samsung Versus Apple
November 7, 2012 By Reitz Worldwide, Hong Kong Court Reporters
Without a doubt one of the biggest legal battles to take place this year is that between South Korean Samsung Electronics Co and Apple. The two lawsuits, one by Samsung against Apple and one by Apple against Samsung had been scheduled for Friday morning, but jaws dropped around Seoul Thursday afternoon when the court decided last-minute to postpone a verdict.
Love, Hate or Litigate Apple’s Ms ‘Siri’?
November 7, 2012 By Reitz Worldwide, Court Reporting -Taipei & Hsinchu, Taiwan
Another day, another litigation over patenting laws. Introducing ‘Siri:’ Apple’s computer voice search-and-speak technology inside newer iPhones, iPads and iPod Touch devices. Those of us with IPhones will know the joys and blunders of this so called revolutionary talking app. Our personal ‘Siri’ experiences aside, the little voice of wisdom is already getting herself in trouble.
The Enforcement of Arbitral Awards in China
November 7, 2012 By MMLC Group
This article looks at the issues associated with the enforcement of arbitral awards from the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre, in the People's Republic of China. Arbitration can be an effective mechanism to resolve civil and commercial disputes. Many choose to use arbitration as it is confidential in nature, possibly more predictable and manageable.
Product Liability Cases of Interest from 2011 and 2012
November 6, 2012 By Law Offices of Robert J. McGuirl, LLC
New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.
Commercial Letter of Credit
November 6, 2012 By Zorlu Law
Examining Contracts Arising Under the Commercial Credit Transaction (Letter Of Credit) Commercial credits are most commonly used in the international transactions areas. Its main future is that; it gives security both the exporter (seller) and the importer (buyer). The Seller knows that, he will get paid if he completes his duty properly. The buyer, on the other hand, can ensure to part his money before the goods are received.
Laws Governing International Commercial Arbitration and Associated Risks in Kazakhstan
November 5, 2012 By Grata Law Firm
The main statute governing international arbitration in the Republic of Kazakhstan (hereinafter "RoK") was introduced in 2004. However, the growing interest in the resolution of disputes by means of international arbitration is only a recent development. In addition to those who would traditionally pursue this route, such as foreign companies or subsidiaries located in the RoK, an increasing number of Kazakhstani companies are considering international arbitration.
Five Steps to Avoid and Minimize Probate and Trust Disputes
October 29, 2012 By Jaburg Wilk
Litigators can be beneficial when there are disputes over probate and trust litigation. Probate and trust litigation can turn families into enemies and convert inheritances into attorneys’ fees. These disputes can fueled by sibling rivalry, blended families, family grudges, financial need, entitlement, revenge, greed, or spite.
The Dangerous Side Effects of Transvaginal Mesh Contraction
October 29, 2012 By Estey & Bomberger, LLP
Transvaginal mesh implants are designed to treat women with pelvic organ prolapse (POP) or stress urinary incontinence (SUI), both conditions caused by the weakening of muscles, ligaments, and connective tissue involved in holding up the affected organs. Traditionally, when surgical intervention was necessary, the surgeon would repair the damaged tissue by stitching strong tissue together.
Painful Hip Injuries from Skechers Shape-Ups
October 29, 2012 By Estey & Bomberger, LLP
One of the side effects of wearing uneven, rocky shoes is pain related to excessive pressure and stress. Skechers Shape-Ups and similar toning shoes can cause hip pain because its rocker bottom sole design can cause the wearer to strain more muscles and distribute their weight in an unnatural way that can cause severe hip injuries.
Contractual Attorney Fee Awards May be Contested
October 26, 2012 By Jaburg Wilk
The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.
Executive Enforcement Procedure - Ukraine
October 26, 2012 By Frishberg & Partners
In order to initiate the executive enforcement procedure, the judgment holder must present to the state enforcement service the enforcement order of the commercial court along with an application and, if applicable, the court decision to permit enforcement of a foreign court decision or the arbitration court decision.
Possible Defenses to Enforcement of Foreign Arbitration Awards - Ukraine
October 26, 2012 By Frishberg & Partners
According to Article 35 of the Law of Ukraine “On International Commercial Arbitration,” an arbitration award, regardless of the state of origin, is recognized as mandatory (binding) and, after submission of a written petition to a competent court, is subject to enforcement.
Enforcement of Foreign Arbitration Awards - Ukraine
October 26, 2012 By Frishberg & Partners
A. Applicable Ukrainian and International Treaties - Article 390 of the Code of Civil Procedure of Ukraine provides that the procedure for enforcement in Ukraine of foreign court judgments and foreign arbitration awards is determined by the corresponding international treaties of Ukraine and the laws of Ukraine. In the absence of an international treaty, such judgments or awards may be enforced on the principle of reciprocity.
Arbitration Options for Foreign Investors - Ukraine
October 26, 2012 By Frishberg & Partners
Recognizing that Ukraine is a young nation without a long history of rendering and enforcing international commercial arbitral awards involving foreign investors, Western parties naturally prefer dispute resolution to take place in an impartial third country, such as the United Kingdom or Switzerland. Considering the current Ukrainian economic climate, however, decisions concerning the place of arbitration must be made in light of each particular transaction.
Recognition and Enforcement of Foreign Court Awards - Ukraine
October 26, 2012 By Frishberg & Partners
On January 15, 2002, foreign investors were provided with another option for settling any disputes with their Ukrainian counterparts with the coming into effect of Law No. 2860-III “On the Recognition and Enforcement of Foreign Court Decisions in Ukraine,” dated November 29, 2001.
Ukrainian National Court System
October 26, 2012 By Frishberg & Partners
Like all of its legislation, Ukraine inherited its court system structure from the Soviet Union. Only recently the court system has begun undergoing reforms with the passage of a number of laws. The initial steps were made on June 1, 2001, with the passage of amendments to various laws, including Law No. 1789-12 “On the Prosecutor’s Office,” Law No. 1142-12 “On Arbitration Courts,” Law No. 2862-12 “On the Status of Judges,” etc.
Arbitration Legislation in Ukraine
October 26, 2012 By Frishberg & Partners
Recognizing the general rule that “everything always goes wrong at the worst possible moment,” large multi-national companies often agree to resolve their disputes with each other in an international, and therefore presumably unbiased, arena.
Raiding in Ukraine
October 26, 2012 By Frishberg & Partners
It’s funny how things change. Just a few years ago, foreign companies flooded into Ukraine, driving up the prices of everything – buildings, factories and land. Now, just a few years later, Ukraine is considered to be a high-risk country with a notoriously difficult business environment. Unfortunately, this is a fair assessment, and it’s largely due to systematic government corruption and bureaucracy.
You Need a Lawyer When Coming into China
October 26, 2012 By Shandong Ya & Tai Law Firm
Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are many opportunities in here, but the risks are exist at same time. So find a attorney before you go abroad. This is the true fact that I met during my attorney practice, for the secret of the person, I do not use the true name of the person.
The United Nations Convention on Contracts for the International Sale of Goods (CISG)
October 24, 2012 By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish Code of Obligations. 1 – General - The United Nations Convention on Contracts for the International Sale of Goods (CISG) was signed in Vienna on 11th April 1980 by the United Nations and entered into force on 1st January 1988.
Considerations in Burn Injury Cases
October 19, 2012 By Fisher & Talwar, Professional Law Corporation
We surround our lives with them every day – furniture, appliances, and toys. We trust our products to be good, properly manufactured and safe. Unfortunately, not all products are safe. Some result in life-altering burns more frequently than we’d like to admit. Polyurethane, a type of foam found in household furniture is a highly flammable material.
Turkey: Collection of the Footballers’ Receivables
October 19, 2012 By Dogancali - Attorneys at Law
This article summarises the legal remedies available to both Turkish and foreign players for the collection of their receivables in Turkey.
Purchaser's Guide When Doing Business in China
October 19, 2012 By Shandong Ya & Tai Law Firm
As an international trade attorney in China, I have tackled many case of international trade dispute. I think if buyer has advice before buying goods in China, then they can have successful business, if not, they will lose thoroughly.
Women Get Walsmart at Walmart
October 17, 2012 By Olender Legal Solutions, Miami Court Reporters
In the county of Palm Beach, a class action lawsuit has brought to the surface the injustice of Walmart Stores, which are said to be cutting on women’s pay and opportunity for promotion in comparison to men. The lawsuit involves 11 Florida women, including one each from Palm Beach and Broward counties seeking compensation and a court order telling Walmart to end what they are calling ‘gender discrimination.’
What to do After Tearing a Ligament From Wearing Skechers Shape-Ups
October 17, 2012 By Estey & Bomberger, LLP
Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.
Trusts: An Alternative to Wills in Jamaica
October 13, 2012 By Banjoko, Francis & Co.
Trusts are versatile, money saving instruments that are widely used to save on estate tax liability, ensure privacy, and provide for special needs in all situations. They must be explored as an alternaive to wills. What is a Will? - A will is a legal instrument that permits a person to make decisions on how his possessions will be managed and distributed after his death.
Protecting and Growing Your Business in Jamaica - Legal Perspective
October 13, 2012 By Banjoko, Francis & Co.
Operating a successful business in Jamaica is difficult. Therefore, protecting your business requires the skillful and balanced use of legal and non-legal advisers at all times. Bottom line, lawyers are indispensable to avoid litigation, wasting time and financial resources, damaged brand, protecting intellectual assets, protection of trade secrets, and governmental fines. Positively, your business could be placed in a position to reap many value enhancing benefits.
Have You Lost a Loved One After a Fatal Accident in an Industrial Accident or Traffic Collision - Bahamas
October 12, 2012 By Parris Whittaker, Attorney at Law
The media often covers the tragic death of someone at an industrial workplace, in a traffic collision or at sea. In June this year, a US cruise passenger drowned in the Bahamas during a cruise visit whilst snorkeling; and a Carnival passenger was killed last year on a jet ski rented in Nassau.
Applying for a Mareva Injunction to Freeze your Debtor’s Assets in the Bahamas
October 12, 2012 By Parris Whittaker, Attorney at Law
Do you suspect there a risk your debtor will disperse his assets to frustrate a future judgment in your favour and prevent settling his debt? If the answer is ‘Yes’, you need urgent legal advice so that an application for a temporary injunction freezing those assets (a Mareva injunction) can be made to the court. The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for Mareva Injunctions on behalf of our clients.
Supreme Court of Missouri Nominees Announced
October 12, 2012 By The Law Offices of Michelle M. Funkenbusch
We will have a new Supreme Court Justice in the State of Missouri come this December. The Honorable Richard B. Teitelman, chief justice of the Supreme Court of Missouri and chairman of the Appellate Judicial Commission, announced that the commission selected its panel of nominees to fill the vacancy on the Supreme Court of Missouri.
Enforcement of Foreign Judgments in Pakistan
October 11, 2012 By Azimuddin Law Associates
This paper examines the issue relating to the enforceability of foreign judgments in Pakistan. In the existing law, there are two categories of judgments, one passed by the courts of reciprocating states and the other by non-reciprocating states. The judgments of reciprocating states are enforceable per se, but for non-reciprocating states, the judgment creditor will have to seek enforcement by filing a suit in the appropriate court.
Litigation Goes Mental in Miami
October 9, 2012 By Reitz Worldwide, Court Reporting - Seoul & Busan South Korea
This month, both former directors of the mental health care company American Therapeutic Corporation (ATC), Dr. Mark Willner and Dr. Alberto Ayala, were sentenced yesterday to 10 years in prison for participating in a $205 million Medicare fraud scheme.
Corporate Immigration - a Q&A Guide for Mozambique
October 5, 2012 By SAL & Caldeira
This Q&A provides an analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and clients in respect of Corporate Immigration in Mozambique. This article is reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Corporate Immigration 2013, (published in August 2012; contributing editor: Julia Onslow-Cole of PwC Legal).
Obese Employees are Less Likely to Prevail Against an Employer in California State Court
September 27, 2012 By Wesierski and Zurek LLP
Private employers may generally terminate or deny employment unless they discriminate on the basis of race, national origin, alienage, age, sex, or disability. The FEHA is the California law that prohibits such employment discrimination. Federal laws define protected disability differently than the FEHA. In a California state court, an obese employee who files a disability claim must prove that their obesity resulted from a physiological condition.
Oregon Hit and Run Accidents, and Getting Compensation
September 26, 2012 By Shulman DuBois LLC
In Oregon, it is illegal to leave the scene of an accident - and it's not just illegal to leave an injured person. It is also immoral because your time and assistance after a car accident could help save someone's life if they are hurt.
Read more about how ORS 811.705 defines the duties of the driver, and what to do if you have been the victim of a hit and run.
An Insider’s Look at the Video Deposition of Monica Lewinsky
September 21, 2012 By Olender Reporting
In 1999, Thomas W. Olender (CLVS), owner of Olender Reporting was asked to videotape the depositions of Monica Lewinsky, Vernon Jordan and Sidney Blumenthal during the impeachment of former President Clinton. In this article, Mr. Olender discusses his experiences recording, what is very likely, the most famous deposition ever taken.
Digital Court Reporters Miami
September 21, 2012 By Reitz Worldwide, Court Reporting - Seoul & Busan South Korea
Digital court reporters in Miami and Coral Gables are not computers but they sure rely on them. The world has changed substantially in recent years for business owners. In order for a business to be relevant and successful in these competitive times it is necessary to make changes and adapt to your environment.
Chick-Fil-A, Thomas Menino, and the First Amendement – Interview with Dustin Hecker
September 20, 2012 By Seeger Weiss LLP
On the 20th of July, Boston mayor Thomas Menino sent Dan Cathy, President of Chick-Fil-A, a strongly worded letter discouraging him from expanding his enterprise into his city. Proponents of both figures hastily emerged to voice their opinions on this issue. It seems that the scale ultimately tipped in favor of Cathy, as evidenced in Chick-Fil-A’s record breaking sales in the aftermath known as “appreciation day.”
Cruising the Caribbean Leads to Litigation Labyrinth
September 19, 2012 By Reitz Worldwide, Court Reporting - Seoul & Busan South Korea
Two men who who jetted from New York to Fort Lauderdale to board Royal Caribbean's Liberty of the Seas cruise ship to Jamaica last week, but their vacation took a twisted turn when they found themselves locked away in the cruise ship's brig, accused of raping a young woman.
What to Look for in a Video Deposition
September 18, 2012 By Olender Reporting
This article is an attempt to illuminate both the rudimentary and nuanced strategies required to consistently produce high-quality video depositions. I often worry that attorneys who order them are unaware that the footage for which they have paid dearly, is of exceedingly poor production value. The bottom line: all video depositions should look nearly identical (except for the witness, of course); it is the means by which that end is achieved that separates excellence from inferiority.
Life Insurance Benefits: Applications, Exclusions, Denial and Payment
September 18, 2012 By Law Offices of Jason Turchin
Life insurance seems like it is handed out like flyers on the Las Vegas strip. It’s a dirty business with insurance companies collecting premiums and hoping you don’t die before the policy expires, or looking for a reason to delay or deny payment if you do die. The purpose of this article is to provide an overview of life insurance claims.
Resisting Arrest During a Protest or Demonstration
September 17, 2012 By Rooth Law Group, P.A.
This article explains the Florida statutes that dictate an individual’s consequences if he/she is arrested during a protest or demonstration. When you’re in a crowd for a political, religious, or social gathering, your actions will be strictly observed and judged by the police. While this differential treatment is necessary for law enforcement to maintain control, their demands may seem ridiculous or irrational, causing many to disregard them.
Court Reporting Goes Digital in Florida
September 17, 2012 By Olender Legal Solutions, Miami Court Reporters
Digital court reporters in Miami and Coral Gables are not computers but they sure rely on them. The world has changed substantially in recent years for business owners. In order for a business to be relevant and successful in these competitive times it is necessary to make changes and adapt to your environment.
If You Want a Brooklyn Bagel, Go to Brooklyn, not Palm Beach….
September 17, 2012 By Olender Legal Solutions, Miami Court Reporters
Any Floridian bagel junkie will know that Brooklyn Water Bagel company is for producing the ‘best’ bagels on the east coast, made with New York City's famously pure tap water. Recently, however the Palm Beach County company claimed it had nailed the secret of how to make locally baked bagels taste like those from up coast. The secret; there is no secret.
Ice Cream, You Scream, Heiress of Carvel Screams ‘Trust Fund’ Here in Palm Beach
September 17, 2012 By Olender Legal Solutions, Miami Court Reporters
Nearly two decades on, the legal battle over the assets of the Carvel ice cream franchise, founded here in West Palm Beach, continues, with West Palm Beach legal services stepping in to get involved. The story goes that ‘Mr. Carvel’ founder and his wife had executed identical wills that placed their assets in trust for the benefit of the surviving spouse, stating that any remaining be deposited to a charitable foundation.
It All Burns Down to Smoking
September 17, 2012 By Olender Legal Solutions, Miami Court Reporters
Persisting is clearly not the only answer when it comes to men, or smokers for that matter. In the case of Mrs. Elmer Perry, who begged and begged her husband, Mr Baker, to quit smoking, it seemed her efforts were truly for a lost cause. In 1993, months after being diagnosed with lung cancer, Mr. Baker died at age 65.
Stopping Distances for Big Rigs
September 16, 2012 By Baumgartner Law Firm - Texas Truck Accident
Generally, at 65 mph the typical passenger car or light pickup truck driver will travel a total of 316 feet from the first awareness of danger before coming to a final stop. The semi-truck driver takes much longer traveling out 525 feet before coming to a final stop. In the reconstruction of a truck accident the stopping distance of the tractor–trailer can be a critical component.
Truck Accident Litigation vs. Passenger Car Cases
September 14, 2012 By Baumgartner Law Firm - Texas Truck Accident
The difference between commercial vehicle litigation and normal car wrecks is substantial and requires special expertise and experience on the part of the law firm handling the claim. There are very big differences between a commercial vehicle accident lawsuit and a passenger car versus passenger car accident case. The 1st point is obvious and that is that the truck driver is a professional driver and must follow different rules of the road and different safety procedures than mom or dad.
CIETAC Launches New Arbitration Rules
September 12, 2012 By Angela Wang & Co.
The China International Economic and Trade Arbitration Commission (“CIETAC“) is the main arbitration body for sino-foreign disputes in China. Its existing rules have been in use since 2005, and a set of new Arbitration Rules have just been published and they came into effect on 1 May 2012 (the “2012 Rules“).
Introducing the New Competition Law in Hong Kong
September 12, 2012 By Angela Wang & Co.
The Competition Ordinance was finally passed on 14 June 2012 after more than 10 years of public consultation and intense legislative council debates. The law which introduces a general prohibition on cartel behaviour and other anti-competitive conduct, as opposed to industry specific anti-competition rules, is expected to have a significant impact on businesses that are used to a free market economy in Hong Kong.
Right to a Fair Trial
September 11, 2012 By Ann Fitz, Attorney at Law, PC
In recent decades, the likelihood of an arrest leading to a conviction has generally risen. Some defendants think that they can "beat the system" on their own. Those who have been through the criminal court system know better: having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic and to avert the impact of a criminal conviction.
Late Payments Directive Provisions Updated in Commercial Code - Malta
September 6, 2012 By CSB Advocates
The updated provisions of the European Union’s Directive on Late Payments have been incorporated into our Commercial Code by virtue of Legal Notice 272 of 2012. By means of this Legal Notice, creditors now have the right to charge interest on late payments, equivalent to eight per cent (8%) over the European Central Bank base rate.
Plantar Fasciitis Injuries Caused by Skechers Shape-Ups
September 4, 2012 By Estey & Bomberger, LLP
Over the past couple years, the Skechers Shape-Ups have been linked to a number of serious injuries ranging from traumatic brain injuries to ligament sprains and ankle strains. Plantar fasciitis is one type of injury consumers repeatedly report in connection to the Shape-Ups toning shoes.
The Amendment of Claim - Indonesia
September 1, 2012 By Leks & Co
In a civil case, there are two parties as the plaintiff and defendant. If the plaintiff feels disadvantaged, then he/she would make the claim letter which is registered to the authorized local district court and by the district court, it would be sent to defendant. In the matter of the claim letter which has been registered by plaintiff, then the plaintiff may perform the amendment of claim.
Types of Exception - Indonesia
September 1, 2012 By Leks & Co
Exception, in Civil Procedural Law context, is defined as objection. Exception can also be defined as defense (plea) proposed by the defendant against the plaintiff’s lawsuits material. However, the objection which is proposed in the form of exception is aimed on the formality requirement of a lawsuit, for example, if the lawsuit has a defect or formal violation which can cause the lawsuits tobe unlawful.
Supreme Court Regulation No. 03 of 2012 on Process of Case Settlement Fees and Its Management in Supreme Court - Indonesia
September 1, 2012 By Leks & Co
Process Fee of Case Settlement (“Process Fee”) is a processing fee for civil case settlement, a state administrative case settlement, and a judicial review settlement at Supreme Court (Mahkamah Agung) and Judicial Body under the Supreme Court. The respective Process Fee is charged to the litigant.
Muscle and Ligament Tears from Wearing Skechers Shape-Ups
August 29, 2012 By Estey & Bomberger, LLP
Skechers is currently facing dozens of lawsuits filed by consumers who suffered injuries, allegedly, as a result of wearing the Skechers Shape-Ups. With more than 250 reports of adverse events have been filed by Skechers Shape-Ups consumers, the toning shoes are the cause for a variety of different types of injuries including:
Medtronic Infuse Bone Graft Complications
August 29, 2012 By Estey & Bomberger, LLP
Spinal fusion is a surgical technique used to treat fractured or broken vertebrae. Typically, supplementary bone tissue is harvested from other areas of the body and used to stimulate bone growth in the damaged area, and fuse the vertebrae. This procedure immobilizes the spinal joints and eliminates the pain and discomfort caused by the abnormal motion of faulty vertebrae.

