Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
Thousands of Talcum Powder Lawsuits Filed Against Johnson & Johnson by Ovarian, Uterine Cancer Victims
October 20, 2016 By Heygood Orr & Pearson
Johnson & Johnson faces thousands of lawsuits filed on behalf of women who were diagnosed with ovarian cancer or uterine cancer after using the company's talcum baby powder products. Earlier this year, two juries in St. Louis, Missouri awarded damages of $72 million and $55 million in a pair of lawsuits filed on behalf of women who were diagnosed with ovarian cancer after using Johnson's Baby Powder, Shower to Shower, or other talcum powder products sold by Johnson & Johnson.
October 19, 2016 By Barnea & Co. Law Offices
The Israeli Class Action Law came into force in 2006, and formally regulates the proceedings applying to class actions in Israel. This type of action was available in Israel before 2006, but was much less developed.
December 14, 2008 By HG.org
The old adage is that the best time to talk to a lawyer is when you don’t actually need one. Some of the reasons why you may want to speak to a lawyer include:
November 26, 2013 By HG.org
Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.
October 12, 2016 By Patberg, Carmody & Ging
ESSURE® complications may lead to litigation.
FDA Orders Black Box Warning About Overdose Risks for Patients Taking Opioid Painkillers and Benzodiazepines
October 5, 2016 By Heygood Orr & Pearson
The Food and Drug Administration issued a warning that patients taking opioid painkillers together with a class of anti-anxiety medications known as benzodiazepines, such as Xanax or Ativan, may be at risk of suffering a combined drug overdose.
October 5, 2016 By Hammond, Minciu and Associates
The court system in Romania is still to many a confusing impenetrable system. In the past the rules and regulations seem to have a mind of their own which only the judges and a few practioners seem to fully understand. Fortunately, with a more up to date approach and exposure of the legal system to the EU rules this is no longer the case which it
October 3, 2016 By Margareth Galho & Associates
According to the provisions of the International Convention on the Arrest of Sea-Going Ships, signed at Brussels 10 May 1952, capture means the detention of a ship by judicial process to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment.
September 28, 2016 By Donovan & Ho Advocates and Solicitors
Can you terminate an employee for sleeping on the job?
September 26, 2016 By HG.org
At civil trials, both parties may present evidence and testimony to prove their side of the story. In many cases, the most effective way to convince others of a party’s side is by presenting physical evidence or documentary evidence. However, getting rid of evidence before it can be used in court can have a significant impact on a case and important implications.
September 26, 2016 By Summerfield Browne Solicitors
Contracts often become the centre of commercial disputes. The five necessary key components of a legally enforceable contract are offer, acceptance, consideration, intention to create legal relations and certainty of terms. If any one of these are absent, or disputable then it may mean that a legally enforceable contract was never created.
September 21, 2016 By Gehres Law Group, P.C.
Lawsuits are expensive, as we all know, and as experienced business law litigators, we frequently find ourselves advising our business clients to settle their claims, usually at some reduced value, rather than pursue expensive, distracting litigation. But sometimes, even where your adversary is willing to agree to pay a reasonable settlement amount, filing a lawsuit may be advantageous.
September 21, 2016 By DLF Attorneys at Law
One of the means for protection of foreign investment is the conclusion of international agreements on promotion and protection of investment.
September 14, 2016 By Villagran Lara, Attorneys
A comparative analysis which provides the idea on the impact of international conventions and the implementation of different kind of liabilities.
September 12, 2016 By HG.org
Criminal law and civil law are two different types of law that vary based on their purpose, potential punishments and the process in which cases are presented to the court. In some instances, a defendant may be subject to criminal charges and a civil complaint.
September 13, 2016 By Gehres Law Group, P.C.
You have gone through the painstaking process of starting a business, developing a brand for your business, namely, your business’ trademark, invested significant time and resources into this development, and suddenly you discover another business is using your exact trademark or a similar one. What can you do?
September 12, 2016 By Galfand Berger LLP
The number of United States residents who are deemed to be Limited English Proficient (LEP) has substantially increased in the recent decades. A (LEP) person is one who does not speak English as his or her primary language, and who has limited ability to read, write, speak, or understand the English language.
September 12, 2016 By Associated Services
Law firms have increasingly begun to address the explosion of costly high-volume litigation matters by teaming with a dedicated legal outsourcing provider to optimize their internal efficiency and cost-effectiveness. Service of process is a very important part of the litigation process and law firms, county family court offices and corporate legal departments can safely outsource to an experienced process service agency.
August 26, 2016 By Watkins Firm, A Professional Corporation
Individuals and business interests in San Diego are often denied coverage under valid insurance policies. The first question to be answered is: “Does the coverage in my policy cover the specific circumstances of my claim?” The second question to be answered is: “Is the insurance company acting in good faith with respect to my policy claim?”
August 26, 2016 By Watkins Firm, A Professional Corporation
What constitutes insurance “bad faith” in California? What can a policy holder do to hold an insurance company responsible and accountable for the protections of a valid policy? California insurance law is quite complex, and a policy holder should never attempt to interpret or take action against an insurance company without strong legal advice and representation.
August 22, 2016 By Cengiz & Opak Law Office
Although arbitration is considered as a reasonable form of alternative dispute resolution, foreign arbitral awards are subject to an enforcement procedure. In this sense, The New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a simplified procedure for recognition and enforcement in the contracting states including Turkey.
August 9, 2016 By The Lomnitzer Law Firm
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
August 9, 2016 By The Lomnitzer Law Firm
As social media continues to become further ingrained in our daily lives, businesses and individuals should consider its potential role in litigation - particularly intellectual property-related matters. Here, a few examples of lawsuits and potential lawsuits that have arisen specifically due to social media sharing.
August 8, 2016 By Lincoln Derr PLLC
What should law enforcement officers do if faced with a “non-criminal” mentally ill man being seized for his own protection, [who is] seated on the ground… hugging a post to ensure his immobility… surrounded by three police officers and two Hospital security guards, [who has] failed to submit to a lawful seizure for only 30 seconds”?
August 8, 2016 By Lincoln Derr PLLC
Since 2013, when the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Final Rule implementing revisions to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the potential for business associates to be sanctioned for privacy breaches has been a concern to law firms that regularly handle protected health information (PHI). A recent settlement involving a business associate brings that concern into sharper focus.
August 5, 2016 By Angela Wang & Co.
Arbitration has become an increasingly popular choice for dispute resolution in Hong Kong especially for cross-border disputes involving Mainland China.
July 28, 2016 By HG.org
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
July 27, 2016 By ADMD Law Office
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
1. The Legal Instruments Utilized on International Arbitration in the UK: A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
Tragically, airplane crashes often result in catastrophic losses. Hundreds of people may die in a single incident. Those lucky enough to survive often suffer from debilitating injuries. When an airplane crash occurs, those affected may consider how to seek compensation for the losses that they have suffered. Airplane crash investigation and liability can often be complex.
If a party sues for breach of contract, the onus is on that party to prove the validity of a contract. This party has the duty to show that all of the necessary elements are present. The following elements must be in all valid contracts
Having gained experience in providing legal advice to private companies and joint-ventures involving a Thai-based partner, it has become apparent that disputes in business operations tend to arise from the appointment of key management who are not favored by the other business partner.
As a trial advocate, one of the more common questions that I get asked is regarding bail when a convicted person decides to appeal. What happens during that appeal stage with regards to Bail and suspension of sentence is what this article is concerned about.
Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground.
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
Class actions provide a number of benefits to plaintiffs who can band together, usually to take on a big manufacturer or defendant with heavy pockets and a legal team on hold.
Georgia Drivers License - DUI Suspension and How to Protect Your Administrative License Suspension Appeal
Georgia Driver License suspension after a DUI arrest in Georgia - After a DUI arrest in Georgia, the Georgia drivers license of virtually every person taken to jail is confiscated. An out-of-state drivers license can also be confiscated. This seizure of your drivers license is part of the Georgia implied consent law, and a 30-day permit is issued. Not appealing this DUI license suspension within 10 BUSINESS DAYS after arrest, triggers loss of the right to drive in GA for 12 full months.
Energy drinks saturate the market from the simple brand names that give energy for hours to the generic that hold mostly caffeine but nothing else. For the last few years, these products have been linked to several instances of death among consumers.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
Everyone knows that litigation is an expensive distraction from the true mission of any business. Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.
Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline.
In 2012, the Bangladeshi Parliament, feeling the need to enforce mandatory mediation in all civil cases, made an amendment to its Civil Procedure Code making mediation mandatory before all civil claims go to trial. While the law has been passed, it is not yet in force, as it is awaiting a trained pool of mediators to run court-referred mediations.
Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like Bangladesh, with a rapidly growing consumer-base, protection measures for consumers are of paramount importance. This has now necessitated giving high priority for the protection of the consumers and promotion of a responsible consumer movement in Bangladesh.
Employment lawyers provide a variety of services to employees and employers. Some of the common tasks that lawyers in this practice area help with include:
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Commercial collections differ from consumer collections in that it works to remedy the past-due accounts in business-to-business deals. Running a business is a difficult venture even without having to worry about finances. However, with the added stress of unpaid accounts and debts piling up, most business owners find themselves in the red through no fault of their own. Past-due accounts owed by clients and/or partners can severely slow down the progress of your business.
97 Reasons to Fight a DUI charge; DUI Penalties; DUI Consequences; and Pleading Guilty = 100% Chance of Losing
For the past 30 years, an average of 1.5 million American drivers have been arrested for driving under the influence of alcohol or DUI drugs. In the states lacking a first offender act for DUI, no pretrial diversion and where no expungement of a DUI conviction is possible, fewer than 15% of all accused drivers avoid conviction. Three key factors determine who that 15% will be: (1) a defeatist attitude of the client (2) hiring the wrong lawyer and (3) lack of full information on DUI consequences.
Women who suffered permanent hair loss from the chemotherapy drug Taxotere are filing lawsuits against the drug maker.
It often happens, when negotiating business deals, that one or both of the parties wants some assurance that their negotiations are serious and will ultimately result in a binding contract rather than a waste of valuable time.
No criminal court in Georgia processes more driving under the influence cases than the Atlanta Municipal Court. Atlanta DUI lawyer explains how the court moves its misdemeanor criminal cases and traffic tickets (including DUI) faster than all other traffic court locations in the State, instant information needs to be found online, by those issued traffic tickets in the Atlanta GA traffic court. City of Atlanta misdemeanor arrests start in the Municipal Court of Atlanta, including drunk driving.
The questionable "science" behind field sobriety test evidence collected by police from unsuspecting citizens detained for suspected driving while intoxicated offenses must be met with a DUI expert witness in the defense phase of the case, to have the best opportunity to educate the jury about these bogus evaluations. Similarly, a breath alcohol test is never used by medical doctors, and police breathalyzers have known precision limitations and maintenance accountability crime lab records.
In Birchfield v. North Dakota, the US Supreme Court addressed the constitutionality of state implied consent laws that criminalize a person's refusal to submit to a forensic test (i.e., blood, breath), for impaired driving charges. About a dozen states have enacted Draconian DUI-DWI laws proscribing refusal to submit, in an effort to obtain compliance with implied consent law tests following a drunk driving arrest, or go to jail or prison for non-compliance. The case was decided June 23, 2016.
The Romanian courts do not necessarily operate with the speed and efficiency that may be found in Western Europe or the USA but this should not prevent a practitioner considering the following steps against a Romanian debtor. Consider here both the enforcement of a decision issued by a competent court as well as a seizure order against a debtor’s assets.
Personal injury claims are often based on the negligent acts of individuals and how these led someone to be injured as a result of a car accident, slip and fall or medical mistake. The physical effects of such accidents can be devastating. However, many such accidents often result in significant psychological injuries.
Creditors who have sued (and won), may find that the debtor has moved its business operations or move its assets to another state. When this happens, the creditor should consider domesticating their judgment in the new state.
Texas homeowners and property owners whose house or land has suffered water damage due to the actions of a neighbor or nearby business may be eligible to file a lawsuit. The first step in taking legal action is to talk with an attorney about your case.
By Kaass Law
If you are an officer, president, or owner of a California corporation and have been served for purposes of a lawsuit or pending legal proceedings it is vital that you hire a business defense attorney to represent you in court. Pursuant to Paradise v. Nowlin (1948) 86 C.A.2d 897, Code of Civil Procedure § 116.540(b).
Insys, the company behind the fentanyl sublingual spray Subsys, and former employees at the company face investigations and criminal charges regarding the marketing of Subsys to doctors and patients. The Subsys fentanyl spray, which is used to deliver the powerful opioid to patients, has earned billions of dollars for the company.
The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including Ash Narayan, formerly of RGT Wealth Advisors, who, the SEC alleges, siphoned millions of dollars from the accounts he managed at RGT for professional athletes and others while he was the manager of RGT Wealth Advisor’s Orange County, California office.
Registering copyrights is important in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights.
A former employee of TMP IPSCO Koppel Tubulars LLC has filed a class action lawsuit, alleging that the tubular producer company unlawfully terminated employees and withheld wages and benefits.
Trains tend to carry many people when transporting individuals to destinations. Though accidents are not very common, a derailment may occur for various reasons. When these incidences arise, many passengers may become injured.
Many forms of public transport are used each day in various cities around the world. They allow faster travel and easier convenience than cars on many occasions. Just as cars and trucks encounter damage through collisions, trains, buses and even light rails may encounter the same issues.
In the advancing technological age, many business relationships end before their allotted time due to complications or violations in policy. Some employees or partners are unable to complete the demands of the business, violate regulations or breach a contract.
Whether going out to eat or eating at home, many individuals are harmed by different types of food. Safety may not be the first thought for many that handle food products, but negligence of food safety is a leading cause of illness and ailments from edible products.
Many gyms offer participants the ability to become members. Membership usually entails documentation that explains the use and rights of those within the gym. Likewise, individuals who are not members may still sign documentation or otherwise accept certain terms and conditions of using the facility.
While some sports are inherently dangerous, some individuals sustain injuries due to the negligence of others. Legal liability may exist when a person is injured while playing a sport, but complex rules may apply.
Talc-based products are often used as a daily regimen to increase the personal hygiene a person possesses. Other uses include sprinkling the powder in a diaper or on the skin of an infant to prevent possible rashes caused by diapers. Unknown to some, the talc-based specific products may be more hazardous to the health of babies, children, women and expecting mothers.
Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
Maybe it was the speed of the auctioneer’s prattle, the thrill of bids rising in $100,000 increments or the rush to snag a multimillion-dollar mansion at a discount, but the buyer with a NASCAR pedigree mistakenly thought it scooped up two beachfront estates for $6.2 million.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations expires, the legal claim can no longer be pursued in a court of law.
This article lists some sample questions that you may be asked by the opposing counsel in a deposition. The deposition is a legal meeting that carries the same importance as a hearing in front of a judge, so you are legally liable for whatever you say in the meeting. If you are confused or unsure during a question, you are allowed to consult your lawyer. Try your hardest to remember accurate answers, but don't be afraid to admit you don't remember something.
When an individual is injured at work, he or she may wonder whether to file a workers’ compensation claim or a personal injury claim. There are significant differences between these two options and filing a personal injury claim may not always be an available remedy depending on the circumstances of the case.
Every year, more than 2 million individuals are injured in automotive accidents. Some of these individuals choose to handle their car accident claims on their own. However, making this decision can lead to irreparable harm and subject them to certain risks, including:
Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained.
In any given jurisdiction, there are many lawyers from which to choose. Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
As business litigation attorneys, we sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case.
The Food and Drug Administration has warned that patients who are implanted with IVC filters sold by Cook Medical, C.R. Bard, and other medical device manufacturers may be at risk of serious and potentially fatal side effects. Dozens of lawsuits filed by patients who suffered complications from IVC blood clot filters have been filed against these companies.
One of the most common types of accidents that results in a personal injury is a slip and fall. These injuries generate a great deal of claims for insurance or litigation.
When workers are injured on the job, their usual course of recourse is to file a claim for workers’ compensation benefits. However, there are several scenarios that may arise that provide a basis for a civil lawsuit against an employer.
Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.
One of the types of damages that personal injury victims may be able to receive compensation for is pain and suffering. It is important for plaintiffs to understand what is considered “pain and suffering” in the court that has jurisdiction of the case.
Individuals who are injured in an automotive accident or another event may benefit from having a video of such accident or event. Such footage may provide significant value in legal claims.
By Cantor Crane
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
The Supreme Court of Romania, in motivating the decision, considered that the tax audit is the document that underlies the issuance of the tax decision, namely that document that records the findings of the fiscal inspection bodies, "it does not represent an administrative act” so as defined by art. 41 of Ordinance no. 93/2003 regarding the Romanian Fiscal Procedure Code, also it does not represent "a receivable title" as it is defined by art. 110 par. 3 of the Romanian Fiscal Procedure Code.
For individuals receiving dividends from a Romanian legal entity, starting in January 2016 it is maintained the 5% percentage of the gross dividend paid. Also, since January 2016, the persons who obtain income from dividends do not owe social health insurance contribution for that income in case they obtain income from wages, pensions, independent activities, association with a legal person, etc., except the earnings from intellectual property rights.
As more and more areas crack down on distracted driving, a new theory may hold other individuals partially liable for accidents caused by distracted driving. This theory is referred to as “remote texter liability,” and involves the assessment of whether a person not in the vehicle who texts a driver should share in the responsibility of the accident.
Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes
Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.
California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.
Anyone who has ever been involved in a car accident knows that it can be a traumatic, stressful experience, especially when someone is seriously injured.
Hover boards are a popular toy item that teens and pre-teens are particularly drawn to. However, hover boards have been a frequent source of injury for children who use them.
While the general rule is that law enforcement officers are not legally liable for failing to protect a citizen, there are exceptions to this rule. One such exception is the special relationship doctrine.
By M F Ejchel
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.