Litigation Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Litigation.
January 27, 2015 By MMLC Group
This article looks at the new CIETAC rules that have been issued in part, to deal with the restructuring of its Shanghai commission.
January 26, 2015 By Cobb Law Group
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.
January 22, 2015 By HG.org
A subpoena notifies a person that he or she must appear in court at a certain location, date and time in order to provide testimony as a witness. Generally, a subpoena is issued to secure your testimony in court and not for out of court purposes, but there are some exceptions. Additionally, a subpoena may direct you to provide certain documents to the court.
January 22, 2015 By The Neustein Law Group, P.A.
The next foreclosure epdimic is coming from hundreds of thousands of Home Equity Lines of Credit (HELOC)s that are coming due after their 10 year term.
January 19, 2015 By HG.org
Sometimes despite an attorney’s best intentions, he or she may find that a client is not happy with the services provided. In many situations, a client can fire his or her attorney at will. However, there may be times when this right is limited. Before firing your attorney, be sure to consider negative consequences and any alternatives.
January 19, 2015 By John M. DeProspo & Associates
Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
January 16, 2015 By Siam Legal International
A director of a limited company in Thailand must be liable to the shareholders and the company itself when he or she conducts the business of the company.
January 15, 2015 By The Law Offices of R. Sebastian Gibson
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
January 13, 2015 By Heygood Orr & Pearson
The FDA has warned that fluoroquinolone antibiotics such as Levaquin and Cipro may cause a type of serious nerve damage to the arms or legs known as peripheral neuropathy. Patients who have been injured by these medications may be eligible to file a lawsuit.
January 12, 2015 By Daniel M. Copeland, Attorney at Law, P.A.
If couples can put their differences aside to create an atmosphere of teamwork, they can work with a divorce mediator to help them achieve a friendly divorce.
If you are considering retaining the services of a private investigator, you may want to know some background information regarding these individuals. Here are a few frequently asked questions about private investigators and their answers.
While many private investigators complete work in the field by conducting surveillance on a subject and photographing them in certain acts, digital private investigators focus more on gathering digital evidence. This information may be used in family law cases, employment disputes, personal injury cases or myriad other cases.
If you are interested in hiring a lawyer, he or she may mention a “retainer fee.” While you may hire an attorney without a written agreement, there are several reasons why you should insist on a written retainer.
Presenting a case in front of a judge or jury usually requires specialized knowledge about procedural issues and evidence, which is why hiring an attorney is usually recommended. However, in some instances, clients simply cannot afford a lawyer and choose to represent themselves, called “pro se.” There are a few places that you may look to find more information on your legal topic.
January 9, 2015 By The Law Offices of R. Sebastian Gibson
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.
January 8, 2015 By Planet Depos
More than two thousand years ago, the Chinese warrior-philosopher Sun-Tzu wrote a treatise on military strategy called The Art of War. Since that time, this legendary text has become required reading throughout Asia. Whether in business school, the armed forces, or in law school, it is likely that every student is familiar with the fundamental principles of Sun-Tzu’s masterpiece.
January 7, 2015 By Kenneth Padowitz P.A.
A confession is probably the most damaging kind of evidence that you can give to the police, and will surely be presented in court in front of a jury. It is almost as bad as blowing into the Breathalyzer when you know you’ve had more than two drinks.
January 7, 2015 By The Law Offices of R. Sebastian Gibson
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
January 6, 2015 By Angela Wang & Co.
As part of the implementation of the Competition Ordinance (Cap 619), the Hong Kong Competition Commission (“Commission”) is required to issue guidelines on how it expects to interpret and enforce the Ordinance (Section 35). For that reason, the Commission together with the Communications Authority on 9 October 2014 jointly published 6 draft guidelines (“Guidelines”) for public consultation.
January 5, 2015 By Parris Whittaker, Attorney at Law
A new Code of Practice aims to increase safety and security in the working environment in dock and on board ship – and helps shipping, cargo and haulage companies understand their liabilities and responsibilities when it comes to packing and transporting cargo.
Attorneys are restricted to the method and content of advertisements that they can make. These rules are meant to protect consumers who may have a disparate amount of experience in the field and to avoid taking advantage of these individuals.
Individuals who do not have a prenuptial agreement in place are at the mercy of their state laws and subsequent agreements reached during a divorce in which both parties may be less than objective. A prenuptial agreement can provide protections for both parties regarding certain property, rights and obligations.
In order for you to provide notice to the other side of a pending legal action and for notifying the other side of other certain legal information, that side must be served. Jurisdictions typically require that a non-party provide the service of process.
Service of process is the legal notification to one party, usually a defendant, of the receipt of certain information. While each state can establish its own rules regarding the requirements for service of process, the federal rules are required in federal states. Additionally, some states have adopted the federal rules verbatim.
January 3, 2015 By The Law Offices of R. Sebastian Gibson
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.
January 2, 2015 By Cindemir Law Office
How to enforce UK judgments in Turkey. Uk Decrees are generally enforceable in Turkey based on high court decision.
January 2, 2015 By Cindemir Law Office
As a civil based law country (continental European Law) in Turkey, enforcement of foreign judgments are entitled to specific provision in International Private Act (MOHUK). It is noteworthy to mention that Turkey is not part of European Union and accordingly Brussels Convention and other relevant legislation which deal with judgement enforcement does not have any effect in Turkish Law.
January 2, 2015 By The Law Offices of R. Sebastian Gibson
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
December 30, 2014 By Heygood Orr & Pearson
Despite safety technology that could prevent many of the most serious table saw injuries, the manufacturers of these tools have failed to equip them with their products. Table saw users who suffered amputations, lacerations, avulsions, or other injuries may be eligible to file a lawsuit against the table saw manufacturer and receive compensation.
December 30, 2014 By The Law Offices of R. Sebastian Gibson
The bus crash everyone in Palm Springs remembers most is the bus crash of July 31, 1991 that killed 7 and injured 53 when a chartered school bus carrying Girl Scouts and their chaperones skid 400 feet, overturned, careened off the Palm Springs Aerial Tramway Road, and tumbled down an embankment after its brakes failed. That crash was only one of a number of bus crashes with ties to Palm Springs and Palm Desert. As bad as it was, the FedEx bus crash in 2014 may have even been more horrific.
December 28, 2014 By The Law Offices of R. Sebastian Gibson
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
December 26, 2014 By The Law Offices of R. Sebastian Gibson
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
December 23, 2014 By The Law Offices of R. Sebastian Gibson
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
December 22, 2014 By The Law Offices of R. Sebastian Gibson
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
December 22, 2014 By The Law Offices of R. Sebastian Gibson
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
December 21, 2014 By The Law Offices of R. Sebastian Gibson
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
December 19, 2014 By The Law Offices of R. Sebastian Gibson
In January 2015 the Treasury Dept. is expected to issue regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obama’s actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.
December 19, 2014 By Oliveri & Schwartz, P.C.
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
December 12, 2014 By Cindemir Law Office
Paternity Suits in Turkey under Turkish Family Law. Results of Paternity suits will enable the mother to request financial support from the father.
December 12, 2014 By Parris Whittaker, Attorney at Law
A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled that additional classes of expense - including wages paid to crew, and bunkers consumed during the period of the hijack - could be recovered by ship owners from cargo interests.
December 11, 2014 By Parris Whittaker, Attorney at Law
In what circumstances can a party to a commercial contract challenge an expert’s report? The UK’s Court of Appeal has handed down an important ruling in a case in which it examined the relevant principles that apply when a party challenges an expert’s report(1).
December 10, 2014 By Parris Whittaker, Attorney at Law
If a party to a commercial contract is in breach of its obligations, the court may order specific performance – but not necessarily. In a recent case(1), the UK’s Technology and Construction Court (TCC) considered the circumstances in which the court will order specific performance of a contractual obligation.
December 7, 2014 By HG.org
If you have received a bill from your attorney and believe that the fee is too high or if you anticipate that this situation will arise, there are a few ways that you can handle this situation to provide a resolution that you are comfortable with.
December 4, 2014 By Dudkowiak & Kopec Law Firm
If you have a debtor in Poland you will probably need to face standard debt recover process with your Polish lawyer. Before doing so you may have a look at the stages and court fees that you will have to cover in order to find a way to justice.
December 3, 2014 By Martinez & Schill LLP
Thousands of consumer products are recalled due to safety concerns every year. Every year, hundreds and even thousands of consumer products are recalled due to safety concerns. These products fall under a wide variety of categories, from automotive parts and products to kitchen goods, household accessories, pet toys and products, and children's products.
As a client, you put a lot of trust into an attorney’s hands. Knowing that your attorney is someone in whom you can depend is vital to you having a strong relationship with your attorney so that you can work toward the resolution of your claim.
Is It Normal that I First Have to Pay My Lawyer a Retainer Fee Before I Really Know if I Have a Chance/Case?
As a matter of internal policy, a lawyer may request a retainer fee before agreeing to accept your case or complete any work on it. However, you do not have to pay such a fee if you are not comfortable with the idea.
Retainer fees are down-payments on an attorney’s services. Having a retainer fee in place allows an attorney to feel confident that he or she will be paid for his or her legal services.
November 26, 2014 By Cobb Law Group
In large construction projects, it is not unusual to have a joint venture between parties; when these joint venture agreements are terminated, however, the specific terms must be scrutinized. A recent Georgia Court of Appeals case discusses some important issues such as fiduciary responsibility, contract ambiguity, and indeminification.
November 25, 2014 By Mariscal & Associates
Although debt collection proceedings in civil and employment labor law in Spain are proceedings with the same purpose they have some differences.
November 19, 2014 By HG.org
While other countries may require the losing side to pay both sets of attorneys’ fees, in the United States, this is not usually the rule. Requiring the losing side to pay all attorneys’ fees and costs may serve as a deterrent for individuals to access the court system for justice and works against public policy.
November 13, 2014 By Egorov, Mazavina, Petrov And Partners
Pursuant to a treaty of accession between the Russian Federation, Crimea and Sevastopol dated March 18, 2014 Crimea and Sevastopol became integral parts of the Russian Federation as two separate new Russian regions. As such, they fall under the jurisdiction of the Russian Federation.
November 10, 2014 By Al Rowaad Advocates & Legal Consultancy
The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism.
November 9, 2014 By Evanns Collection Law Firm
Unpaid debt is a sad fact of life: sad for the debtor who will end up with a damaged credit rating and reputation; sadder still for the creditor, who conveyed a product or service of value and gets nothing in return. After diligently seeking remuneration from the debtor, the creditor is sometimes forced to bring the outstanding debt into a California court of law.
November 9, 2014 By Evanns Collection Law Firm
It is often said that obtaining a judgment in a California Supreme Court civil case is only half of the process. Once you obtain judgment, you have official proof you won the case and that the defendant owes you money or property. Now you have to collect.
By Donovan & Ho
An oft-repeated business mantra is “be slow to hire and quick to fire”. Unfortunately, what many managers do not realise is that a “quick to fire” approach also carries significant risks, especially in Malaysia, which does not adopt the principle of “at-will” employment. Trigger happy employers may soon find themselves at the wrong end of a lawsuit if they don’t take the appropriate steps and precautions prior to making the decision to terminate an employee.
Five points you should know about breach of trust before you accuse somebody
In both evaluations – winning and execution evaluations- there must be a good channel of coordination between the plaintiff, which is the client, and his lawyer.
First to be explored is the legal nature of the so called “nominee shareholder”. Nominee shareholder is a shareholder of a company holding shares nominally only, that is, only in name. In such a way the identity of the ultimate beneficial owner (“UBO”) of the shares is not disclosed.
Collecting on a judgment even in ideal circumstances can often be a time-consuming and complex process, and that presumes the debtor is solvent, and doing business and/or making money. When the judgment enforcement against a debtor who is a company or legal entity, which appears to be (or is) out of business, the process can be considerably more troublesome and taxing.
The practical effect of indemnity provisions in commercial contracts is dependent upon the detail in their drafting, an important ruling has confirmed.
By STA Law Firm
Understanding the legal implications of maritime collisions under Dubai, Abu Dhabi and broadly under the law of United Arab Emirates.
The recent and ongoing Occupy Central campaign where large number of protestors occupied and obstruct public places and main access roads has caused concerns regarding the law governing such conduct in Hong Kong. The prolonged campaign has led to loss and inconvenience to a significant part of the Hong Kong community including road users, loss of commuting time, increase travel expense and loss of income and business.
In a very recent case, the Georgia Supreme Court upheld the lower courts' decisions to allow a performance bond company (who had to complete a public works project) to sue the State of Georgia for its default.
Security for costs is money that a plaintiff is ordered to provide to the court as a condition of continuing with a claim or execution proceeding, and which will be applied on any costs order that may be made against the plaintiff. It provides a safeguard to the defendant in financial terms so as to ensure that he is not unduly burdened by having to bear his own costs in defending claims by plaintiffs who may be unable or unwilling to pay costs to the defendant when ordered by the court.
Do you have court order from court of your country that you wish to seek recognition of it in Turkey, but you are concerned that it might not be recognized, because it does not contain the grounds on which the decision is built? Well, here is a good news!
The effects of the words like "'May, Can, and Shall Have the Right" in drafting an Arbitration Clause.
By CTM Avvocati
A general overview of the legal steps which are usually followed, under Italian law, in respect of debt collection.
Most people do not anticipate that they will need an attorney and as such do not save for such an expensive need. While many lawyers charge hundreds of dollars per hour for their services, there are a few options available for individuals who are unable to pay for an attorney.
Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
By Law Senate
The appointment of an arbitrator made by a party during the pendency of arbitration petition in court and after the expiry of 30 days from the date of receipt of notice sent by other party seeking appointment of arbitrator.
A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge.
Like expunctions, orders of non-disclosure can prevent the disclosure, from the general public, of the existence of a criminal record.
After a vendor extends credit, it is vital that the vendor continually monitor the debtor for changes in its credit profile in order to minimize the vendor's risk of nonpayment. The following list of 20 early warning indicators, will help you see the risk coming before it happens.
A criminal record can have far-reaching consequences, even if the criminal charges do not result in a conviction. Fortunately, Texas law provides an opportunity for expunction to people who were arrested but their cases were dismissed or they were found not guilty after trial. However, you will not be eligible for an expunction if you were placed on probation, deferred adjudication, or you finished your case by doing jail time.
A default judgment is a judgment that is taken against someone that’s been sued when the person sued (defendant) is served with a lawsuit but ignores the lawsuit, fails to file the proper documents (an Answer) or otherwise make him or herself known to the court.
The American Arbitration Association offers new rules to reduce fees and speed the decision making process for the arbitration of construction claims between $75K and $5M.
Many people are simply not aware of the dangers that defective swimming pool, wading pool, spa and hot tub drains have until it is too late, especially when children are involved
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
Children fighting over control of their parents’ money sometimes go to court to try to force their parents to undergo capacity assessments. Once a parent is declared incapable, the children can, under the right circumstances, be appointed guardians of their parents’ property.
It is well established law in Hong Kong legal proceedings that a foreign claimant/plaintiff may be ordered to deposit a sum in Court as “security for costs” of a defendant.
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?
On 23 May 2014, the Court of First Instance ordered the Hong Kong office of Ernst & Young (“EY”) to produce, certain audit working papers and underlying accounting documents from its Chinese affiliate to the Securities and Futures Commission (“SFC”) pursuant to notices under section 183 of the Securities and Futures Ordinance (“SFO”).
The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this usually means arbitration through the China International and Trade Arbitration Commission (CIETAC).
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.
In order to start a debt collection or a civil lawsuit in Italy is necessary to consider the rules contained in Italian "Codice di Procedura Civile" (Codes of Civil Procedure, C.P.C.).
A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).
The Ministry of Justice and Public Order, which is the public authority designated as a Central Authority for the purpose of implementation of the Hague Convention of the 5th of October 1961 on the Abolition of the Obligation for Legalization of Foreign Public Documents (enacted in Cyprus through Laws 50/72 and 91/72) (the “Hague Convention”), has recently issued informative guidelines regarding the placement of apostille on Cyprus public documents.
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.
A Texas judge has rejected a motion by Life Partners Holdings, Inc. to toss a class action lawsuit filed by investors who allege they were misled by the life settlements company. Three Life Partners executives were also named in the lawsuit, which alleges that the company fraudulently misrepresented the nature of life settlements that were sold to investors, making them appear more valuable than they actually were.
Last week, the Georgia Court of Appeals rendered a decision which is detrimental to subcontractor who do not thoroughly read and understand their construction contracts. The contract included a provision which made the individual signing the contract on behalf of the subcontract company personally liable for the contract's performance. The court permitted this provision to be enforced against the signatory.
In this article we will take a look at the current climate for free-standing, independently-owned physician surgery centers predominately in New Jersey, but affecting many areas of the country, and why it may be the harbinger for increased litigation to come. We’ll highlight a few of the recurring legal issues which tend to arise and take a look at some of the more common and fertile areas for litigation.
When you agree to say nothing to anyone, say nothing. To anyone.
If you own a business, do business with a business, enter into contracts as a business or for a business, or if your livelihood now and for the foreseeable future depends upon what that thing you’re signing actually says, words matter.
Unlike commercial litigation where litigants spend many years in court for their dispute to be resolve by a Judge, an arbitration proceeding is fast and flexible. The parties agree on the process of resolving their dispute. Arbitration proceedings are confidential and an arbitral award is not subject to appeal. Notwithstanding the advantages of arbitration over litigation, there are many challenges facing Arbitration as a means of resolving commercial disputes in Nigeria.