Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
March 21, 2017 By HG.org
Personal injury claims are almost always restricted for filing by a time limitation based on the state and the injury being claimed. The circumstances surrounding the incident may allow for certain extensions, but the time frame to file for a claim is often controlled by what is known as a statute of limitations.
EPA Investigation of Dodge RAM, Jeep Grand Cherokee Emissions Prompts Class Action Lawsuits Against Chrysler
March 20, 2017 By Heygood Orr & Pearson
The EPA has launched an investigation into potential emissions cheating by Chrysler on Dodge RAM and Jeep Grand Cherokee diesel models. A pair of class action lawsuits have been filed against Chrysler on behalf of drivers who purchased or leased one of the affected vehicles. Drivers who owned or leased affected Dodge RAM 1500 EcoDiesel, Dodge RAM 2500, Dodge RAM 3500, or Jeep Grand Cherokee EcoDiesel models may qualify to take legal action.
March 16, 2017 By HG.org
Class action lawsuits are occurring with greater frequency due to so many multiple party litigation cases. When a company has harmed or injured numerous individuals, it is possible that a case against the business is possible with everyone aggrieved attached.
March 15, 2017 By HG.org
Truck accidents are among the general vehicular incidents on the road that lead to property damage, injury and death. When a truck collides with a smaller or less equipped car, the truck usually is damaged less, and those inside the bigger vehicle tend to have fewer injuries.
March 10, 2017 By Angela Wang & Co.
The Court of Final Appeal in DBS Bank (Hong Kong Ltd) v Sit Pan Jit has recently handed down reasons for dismissing Sit's application for leave to appeal against the Court of Appeal's judgment in favour of DBS, whereby Sit was ordered to pay to DBS US$3,429,724.27 including interest and costs and had his counterclaim for misrepresentation at common law and under section 108 of the Securities and Futures Ordinance ("SFO") dismissed.
March 8, 2017 By Bona Law PC
Are you unable to compete for certain customers because those customers are bound by exclusive-dealing agreements with your competitors? Or are you a competitor who has or is considering an exclusive-dealing agreement?
March 6, 2017 By HG.org
In usual circumstances, an expert witness is provided immunity from lawsuit. This is due to an immunity doctrine established by the United States Supreme Court in 1983.
March 6, 2017 By Cores & Associates, LLC
Couples do not always agree on everything when they are considering a divorce.
March 6, 2017 By HG.org
The average personal injury case does not exist when it comes to compensation or negotiation. However, most of the proceedings are similar if not the same from each claim filed. These events process with stages from beginning to end that usually have the same steps.
When questions and concerns about medical insurance arise, an insurance expert witness may be needed to strengthen the case.
There are many different types of accidents that may occur that lead to a personal injury case. When determining a settlement, the question that often must be considered the most is if a lawyer is necessary.
When a person is embroiled in a personal injury case, the discovery process provides a reasonable way for him or her to gather information. There are a number of mechanisms available to parties involved in the case.
March 1, 2017 By HG.org
Children are harmed in school constantly in usual occurrences where the child is just running, exercising or playing with other kids. However, there are other situations where the individual young person has been injured because of negligence of the administration or due to intentional acts by another school child.
March 1, 2017 By Bona Law PC
Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter the territory of the Sherman Act—Section 2—called monopolization. If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people will refer to the company with extreme market power as “dominant.”
February 28, 2017 By HG.org
The personal injury claims process is often a long and arduous one, but with the assistance of a lawyer, the entire situation may be less complicated and more understandable. When the victim has been injured through an incident, he or she should first contact a lawyer for a consultation and discover if a case is possible, has the potential for success and is valid.
February 27, 2017 By HG.org
In the age of technology, the flying drone has become just another consumer electronic that may be purchased for personal and private use.
February 27, 2017 By Michael L. Feinstein, P.A.
When a dispute over payment or performance interferes with a construction project or the use of a piece of real estate, all parties involved must critically assess their options with regard to negotiating a settlement or protecting their interests at trial.
February 24, 2017 By Fasthoff Law Firm
What Does Copyright Protect? Copyright law protects original works that are fixed in a “tangible medium of expression.”
February 24, 2017 By Fasthoff Law Firm
Trademarks can play a vital role in protecting architectural features in buildings, including the design of nonfunctional exterior and interior features, and the layout of a store or business. Trademark law may also be used to protect an architect’s “signature” style in the design of a building, though in narrow circumstances.
February 23, 2017 By Nicoll Davis & Spinella, LLP
Your company has been served with a lawsuit. What do you do? One of the very first things a company must to do protect itself during litigation, is issue a litigation hold.
February 23, 2017 By HG.org
Injuries occur at school that leave the victims traumatized in multiple ways that could lead to long-term damage. These children could be hurt by others of their own age or someone older such as a teacher.
February 23, 2017 By Fasthoff Law Firm
A copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2) actionable copying by the defendant of constituent elements of the work that are original.
February 23, 2017 By Fasthoff Law Firm
There are numerous defenses available to a copyright infringement defendant.
February 23, 2017 By B&R Latin America IP LLC
Sometimes artists are not aware of their Intellectual Property rights, and this means that they do not protect their creations, performances or even their names. Most of the times the ones that knows how to protect their patrimonial are the ones that have legal advising.
When an expert witness is necessary for a case, he or she is usually qualified by experience in a specific field of study or research, knowledge of the subject matter and how well he or she is able to explain the details to the average person. This individual has the capacity to draw conclusions about an incident or issue from skill, experience, observation and the evidence provided.
While there are many experts hired for a case used within the walls of a courtroom, there are some that have been retained to provide assistance or details about the subject of the case that deals with a specific field of expertise.
When an expert witness has been obtained for a trial or case, he or she is questioned about his or her expertise. This knowledge of the relevant material is often invaluable to the case involved with the witness.
Standards were set for expert testimony to be provided and admissible for court in the case of Daubert. After this, the challenges associated with testimony provided by expert witnesses are known as the Daubert Trilogy.
When certain circumstances occur, a waiver must be signed to proceed with a situation. These could be for employment, disclosed secrets and various other activities that require legal documentation.
February 17, 2017 By HG.org
Traumatic brain injuries affect victims in severe and serious ways even when the initial injury is mild, moderate, severe and life-threatening.
February 15, 2017 By Cores & Associates, LLC
What Is a Marriage Contract in NJ ? When two people decide to get married, this is a contract to the state as much as it is a commitment to the people involved. A marriage contract is a prewritten negotiation of the details. You may not be planning on divorcing, but the possibility of divorce exists, so a marriage contract acts as clarity on what you have agreed on before committing to marriage. A marriage contract can clearly create the course of your marriage.
February 14, 2017 By Palermo Tuohy Bruno, PLLC
[It has been] discussed how a century-old rule barring mention of liability insurance may actually create bias in a jury, favoring a defendant. [T]he “bifurcated trial system” [also] can actually create jury bias as well.
February 9, 2017 By Kushnick Pallaci, PLLC
Mechanic's liens can cause headaches for property owners across the State of New York, especially when they do not know how to challenge the lien. This article discusses the most common methods (and reasons) for challenging a mechanic's lien.
February 9, 2017 By Kushnick Pallaci, PLLC
When building in the tight confines of New York City is is often necessary to work with your neighbor to allow the construction to be safely performed. It is also common that the construction will cause damage to the neighboring properties. This article discusses some of issues involved with such construction.
February 9, 2017 By HG.org
In some legal cases, a need may arise for the use of e-discovery. This mechanism can help make records from electronic devices and communications admitted into evidence.
February 9, 2017 By HG.org
Private investigators serve an important role. They often handle cases that are not taken care of by other professionals but that serve an important function in the justice or corporate system. Some of the common cases that private investigators take include:
February 9, 2017 By Van Dyke Law Office
Would an insurance company be so driven to deny benefits to an injured person that they would spend more on medical assessments than on actual injury compensation? It sounds too ludicrous to be true. And yet, a recent and revealing article in the National Post summarizes an Insurance Bureau of Canada report that says yes, indeed, this sort of thing happens, and that in 2011, Ontario auto insurers spent on average $10,700 in medical assessments per claim vs. $9,700 in compensation.
February 8, 2017 By HG.org
There are instances that occur with frequency where someone is traumatized by the verbal actions of another. These could include name-calling, vicious rumors, descriptions of gruesome situations and many other similar issues.
February 8, 2017 By Gehres Law Group, P.C.
[There are] advantages of filing a lawsuit, even where you know from the outset that the other party will likely agree to settle, so you can use a “Stipulated Judgment”, under CA Code of Civ. Procedure § 664.6 to aid in collection efforts if the settlement is not timely paid.
February 7, 2017 By HG.org
Personal injury claims are often processed by insurance carriers for negotiating settlements when certain incidents occur. This means that the companies are legally required to act in good faith to the persons that purchased the policies as well as third-party claimants in these situations.
When there is a possible case where a building has been erected with defective areas or designs, it may be necessary to hire an architectural expert witness to assist with the proceedings.
Due diligence is the reasonable inquiry into a business proposal or through the process of buying or selling something of value. Through this process, individuals and businesses can often determine whether an investment or transaction may be a good deal.
Accidents involving roof disasters are among some of the most injurious to the victims. They may experience intense pain, broken bones, harm to various body parts, internal bleeding and even death. Even when the injuries are minor, the damage may be extensive on the inside. Back pain could lead to the loss of functionality of limbs.
When a person believes that another is hiding assets that he or she may have an interest in, he or she may hire a private investigator to help locate these assets. By tracking down these assets, a person may be able to make a difference in a legal case, attach the assets for a judgment or otherwise benefit from this information.
February 1, 2017 By Williams Cuker Berezofsky
A California court recently denied a request to decertify a pending class action lawsuit against TransUnion LLC that accuses the credit reporting agency of violating the Fair Credit Reporting Act.
February 1, 2017 By Gehres Law Group, P.C.
In settlement agreements, one or more parties may waive their right to pursue recourse against other parties to the agreement in return for some form of consideration, such as a payment of money. However, what if a party is unaware of certain claims they may have against the party they are releasing–could they then accept the described consideration and still turn around and pursue legal action against the released party once they become aware of the grounds for their claim?
January 30, 2017 By KM Legal Net
If you have got an Italian or English judgment concerning civil and commercial matters but the defendant/debtor fails to comply with it and his/her assets is abroad compared to where the judgment has been delivered (i.e. Italian judgment and debtor’s assets is located in U.K. or vice versa) you need to start a particular procedure ruled by European Law.
January 26, 2017 By Nadia von Magdenko and Associates
Think your forum selection clause will hold up in Court? Think again.
January 25, 2017 By HG.org
Litigation has risen due to faulty IVC filters. Many patients have had these inserted and receive injury due to defects and issues with these devices. The manufacturers have been filed against due to claims of poor design, failures to warn of inherent and possible risks with the device, defects and similar issues.
January 25, 2017 By Bona Law PC
This articles describes how federal trial courts sometimes confuse the pleading standards for antitrust cases.
January 24, 2017 By Schmitt Schneck Casey Even & Williams, P.C.
Avoiding legal pitfalls that may be holding back your business, exposing you to increased risk, or preventing you from getting the greatest benefit from your attorney-client relationship.
January 20, 2017 By William C. Head, PC
A person arrested in Georgia for DUI-alcohol is initially arrested for DUI less safe. This is the most common type of DUI GA charge for driving under the influence. The arrested person is next read the Georgia implied consent law notice that puts driving privileges at risk for any refusal to be tested. However, by submitting to testing, a NEW type of DUI, per se driving above the legal alcohol limit is triggered.
January 17, 2017 By Heygood Orr & Pearson
Audi is facing class action lawsuits over allegations of CO2 emissions cheating on its 2012-2016 A6, A8, Q5, Q7, S4, S5, S6, and S7 model with a gasoline engine and an automatic transmission. The lawsuits allege that Audi installed a defeat device on these vehicles in order to hide their high CO2 emissions levels from regulators and consumers.
January 17, 2017 By HG.org
With the accessibility of the internet in the electronic age, it is easy for both pursuing and opposing legal teams to examine social media posts submitted by the victim in a personal injury case.
January 17, 2017 By HG.org
Lawsuits take money and a great deal of time to complete. When the suit is so long and complicated, there are many bills that demand payment while the victim is awaiting a settlement. In these situations, it is possible a lawsuit settlement loan is necessary.
January 16, 2017 By Harrelson Law Firm, PA
Next to trial, mediation can be the most crucial day of litigating your case. That’s why it's important to spend time and effort having the case "trial ready" prior to even agreeing to mediate.
January 13, 2017 By Layfield & Barrett
2016 has come and gone, leaving us with some major rulings by the Supreme Court of the United States on many current issues including immigration, abortion and gun ownership.
January 12, 2017 By Power Legal Group, PC
In the case of a hit and run accident, what is a bicyclist to do? There are several important things to keep in mind at all times. One of those things is to contact an experienced bicycle accident attorney.
January 3, 2017 By McNamara Law Office, PLLC
Most judges require mediation before a contested family law hearing or a trial because it is so successful. Most mediations result in a mediated settlement agreement, or “M.S.A.”
December 29, 2016 By Parris Whittaker, Attorney at Law
Negotiations are a vital part of the process of agreeing the terms of a commercial contract, but when will such discussions have a binding effect on the parties?
Field sobriety tests were created to help police officers make better DUI arrests. Studies in 1977 and 1981, sponsored by NHTSA, posted reliability numbers for identifying DUI drivers whose BAC level was 0.10 grams % or higher. The HGN eye test was one of 3 evaluations, and had the highest accuracy claimed to be 77% accurate, in predicting a driver’s BAC level being over the legal alcohol limit. In the 1990s, NHTSA claimed that the same field tests were now 90% accurate, at predicting 0.08 gr %.
Georgia has had very tough DUI laws for over half a century. In recent years, after several highly publicized boating under the influence deaths at Lake Lanier, the Georgia legislature passed more comprehensive laws for BUI cases.
Drug laws in America were enacted in 125 years ago, as international awareness of the perils of addiction and its health and social costs. Drunk driving laws only became relevant in the late 1800s, and the first laws were enacted by New Mexico and New York in 1910. Drugged driving arrests are growing due to the proliferation of new medicines, as a percentage of all DWI-DWI arrests, but overall arrests for drunken driving are falling.
America's History of Drug Regulation from Teddy Roosevelt to Richard Nixon reveals Misguided Attempts to Prevent Marijuana Usage have resulted in Millions of Drug Arrests
How Drunk Driving Defense went from relative obscurity to become a Criminal Law Specialty for Criminal Defense Attorneys in One Decade
December 27, 2016 By Hazim Al Madani Law Firm
Two types of oaths include the Strict Oath and the Completing Oath.
December 25, 2016 By HG.org
Talcum powder products have been proven in many cases as harmful to both pregnant mothers and babies. The powder has several health concerns that could lead to additional problems as these young ones age, and when they are older other medical conditions may be exacerbated by these powders. Several investigations have been completed finding proof that purchased items containing talcum have become serious issues for various persons.
The Board of Directors of a CIF shall consist of at least two executive Directors and two independent non-executive Directors. The majority of the Directors shall be Cyprus residents. The independent non-executive Directors shall be persons of reputation and good standing, experienced and well-known in the business community for their skills and abilities, who can themselves, promote the company’s goals.
Interim injunctions in Cyprus- in simple words an interim injunction is the temporary order given by a court of law which tells someone either to do or not do something until an official decision on the case can be made. As in plentiful developed places of the world, so in Cyprus, the need of issuing various types of court injunctions as a form of protective measures has been long introduced and broadly used.
The competitive business environment in which many businesses operate requires them to constantly explore new ways to enhance their competitive advantage over rival businesses. One way of doing this is by imaginatively making use of trademarks to differentiate the products and services they offer to the public from those of competitors in the market.
Alternative dispute resolution (ADR) forms can be quite helpful for business owners who find themselves ensnared in legal disputes and conflicts with customers and/or other businesses. Litigation takes time, and as the old saying goes, “Time is money.”
While Bangladesh does not legally recognize adoption and is not a party to the Hague Convention, the law allows its citizens (at least one parent must be a Bangladeshi citizen) to obtain legal guardianship of children. If a prospective adoptive couple is resident of a foreign country, they are able to complete the guardianship procedure in Bangladesh and then take the child through the adoption process in their country of residence.
Social media has become a cornerstone of communication. Before mentioning your accident online, know how social posts can impact your personal injury case.
Poor payment discipline in Bosnia and Herzegovina is a burning problem of a modern society faced by all legal entities, but also individuals. The best prevention is regular checking the credit worthiness of business partners and refusing business with those who have difficulties in paying.
Identity theft is running rampant in our country. If you are the victim of identity theft, there are some important steps to take to ensure that you can restore your credit and won't be charged for these fraudulent charges.
There are many sorts of business disputes where “emergency relief” may be called for. One common example is where trade secrets are stolen, often by employees or former employees. In view of that possibility, it is common for employment agreements to not only require the employees agree not to divulge company trade secrets, but likewise authorize the employer to seek emergency, “injunctive relief” to stop the use of stolen trade secrets.
Most people do not regularly hire private investigators and seeking out a private investigator and selecting the best investigator can sometimes be a daunting and confusing task.
In New Jersey, almost all home improvement contractors fail to follow the numerous requirements imposed upon them by the Consumer Fraud Act and the Home Improvement Contractors Registration Act.
Fentanyl, Oxycodone, Methadone, and Other Prescription Painkillers Cause Thousands of Overdoses Each Year
The epidemic of opioid overprescription has led to thousands of cases of abuse, addiction, and overdose each year. Patients who are harmed by prescription painkillers such as fentanyl, hydrocodone, methadone, and oxycodone may qualify to file a lawsuit against the drug's manufacturer or the doctor or medical facility that prescribed the medication.
Corruption is a significant risk for companies doing business in Mexico: bribery is widespread, and business registration processes, including the obtainment of construction permits and licences, are negatively influenced by corruption.
It is probable that when the British government sanctioned marriage for same sex partners and enshrined the decision in the Marriage (Same Sex Couples) Act 2013 they undoubtedly thought they had squared the circle of discrimination as far as equality for all life partnerships was concerned.
The Hong Kong Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016, which sets out proposed changes to the Companies (Winding Up and Miscellaneous Provisions) Ordinance and the Companies (Winding up) Rules, was gazetted on 3 June 2016.
The Senate unanimously approved the Industrial Property Law reform proposal (Ley de la Propiedad Industrial) in which the trademark opposition system was projected and came into force on August 30, 2016.
Mediation is a fast-growing area that first began changing the face of litigation in Texas in the late 1980's. Along with other forms of alternative dispute resolution, it gives family law clients another option in handing their case. Here are some interesting facts about mediation that you may not know.
Divorce mediation can be long, boring, tiresome, and emotionally draining. It can also be a tremendous relief when a mediated settlement agreement (M.S.A.) is signed. Giving the time and effort to prepare is essential to increase the chances of a successful mediation.
Thousands of Talcum Powder Lawsuits Filed Against Johnson & Johnson by Ovarian, Uterine Cancer Victims
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.
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.
ESSURE® complications may lead to litigation.
FDA Orders Black Box Warning About Overdose Risks for Patients Taking Opioid Painkillers and Benzodiazepines
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.
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
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.
Can you terminate an employee for sleeping on the job?
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.
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.
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.
One of the means for protection of foreign investment is the conclusion of international agreements on promotion and protection of investment.
A comparative analysis which provides the idea on the impact of international conventions and the implementation of different kind of liabilities.
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?
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.
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.