Litigation Law Articles

In litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.

In the event that the individual or the legal entity that has conferred power of attorney to a lawyer in Turkey files a lawsuit or initiates a collection proceeding, he is under the obligation to provide collateral. However, the citizens or legal entities of the listed countries are excluded.

Can a company that does business only in Asia, with all of its manufacturing, sales and deliveries taking place there pursuant to contracts signed in Asia, be held liable for infringement under the U.S. Patent Act? Yes, quite possibly, as explained in this article by an international technology attorney based in Taipei, Taiwan.

Slimquick is marketed as a weight loss dietary supplement for women. The following are 5 key facts about Slimquick that the manufacturers don't want you to know about:

Sometimes leaving the TV on for background noise can yield results. About 2 weeks ago, I caught a brief teaser for an upcoming story about a former Indiana Catholic school teacher, Emily Herx, who was fired by her diocese after they learned she was trying to have a baby. More specifically, after they learned she was trying to conceive using fertility treatments. Here’s what happened:

I spent three weeks in Brazil at the end of 2011, traveling in Campinas, Sao Paulo, Rio de Janeiro and the upscale resort town of Buzios in RJ State. One way in which Brazilian urban and suburban landscapes differ from those in the United States is that almost everywhere you look, you see new multi-family construction projects being built, mostly high-rises.

Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to anti-discrimination laws, meaning that churches and religious employers cannot be sued for discrimination by employees who qualify as a “minister.” According to the Supreme Court, a minister is anyone who conveys or promotes the religious organization’s message. That’s a very broad and flexible standard, but that is as specific as the Court would get.

Recently in Wisconsin, Governor Scott Walker repealed 2009 Wisconsin Act 20, which allowed victims of employment discrimination in Wisconsin to seek compensatory and punitive damages in state court. There has been a lot of talk about this Act and its repeal recently (the vast majority politically slanted one way or another). We thought we’d provide you with the straight facts about Governor Scott Walker’s repeal and the practical effects it will likely have.

In the latest in a rash of cases striking down arbitration provisions in employment agreements, the California Court of Appeal has done it again. In Samaniego v. Empire Today, LLC, the court found that the following facts showed the arbitration provision to be unconscionable and unenforceable:

The Medtronic Infuse Bone Graft has been implanted into thousands of patients for spinal fusion surgery. Although the medical device was approved for only one purpose, analysts estimate that as much as 85.2 percent of Infuse use was for off-label purposes.

A New Jersey jury recently gave $20 million to a group of co-workers who were part of a lottery pool gone sour when one member tried to hide the winning ticket. Money does strange things to people. Every day, many Florida citizens spend a few of their hard-earned dollars on lottery tickets hoping to win big. When jackpots rise, even more people play – sometimes chipping in with friends or co-workers with the hope of increasing the odds of winning.

A corporate executive was killed recently in New York when she attempted to ride the elevator to her office. According to city investigators, a crucial safety device was not activated at the time of the elevator accident, opening the doors, so to speak, to possible and significant premises liability.

In President of the Republic of South Africa and Others v M & G Media Ltd 2012 (2) BCLR 181 (CC) the Constitutional Court set out the circumstances under which courts should invoke s80 of the Promotion of Access to Information Act to take a “judicial peek” at state records.

Patent licensing demands can be extremely costly to resolve, often running into millions of dollars. Fortunately, when handled skillfully, in-house counsel should be able to successfully dispose of most licensing demands at little or no cost, without the need for licensing or litigation.

What are retrospective audits? Once insurance claims are settled, physicians’ practices hope, and probably assume, that the claims won’t be revisited. The American Medical Association (AMA) and American Academy of Neurology presented a cautionary report, updated in 2010, warning physicians that insurers may be taking a backward look at previously settled transactions from even years earlier.

In short, Texas drunk driving accident cases pose a significant risk to insurance companies who choose to go to trial. Over the last twenty-five years much as changed in Texas for personal injury victims. Generally, between court rulings and legislative changes, the environment in Texas has become much less plaintiff friendly and very much defense oriented.

A foreigner and the potential employer should get proper permit before the foreigner starts his work in China. This article also give some basic guidance for the legal issues about the employment contract.

Not all costs involved in litigation are how much you pay your solicitor or attorney. There are hidden costs. Most people should know that when they instruct a solicitor, it will cost them money. Solicitors charges are either calculated by way of a fixed fee, a percentage of damages or the estate, or by reference to time spent multiplied by an hourly rate. In addition, clients may be asked to pay for something called disbursements – fees paid to other people, usually experts, or court fees etc.

The Need for Stroke and Heart Attack Medication - According to the Centers for Disease Control and Prevention, stroke is the fourth leading cause of death in the U.S. Healthy blood vessels allow oxygen and other nutrients to flow to the brain. When a clot is formed that blocks the brain’s input of blood, a stroke may result, resulting in mild, moderate or severe impairment - or death.

Pradaxa is an anticoagulant, or blood thinner, that was approved by the FDA in Oct. 2011 to prevent blood clots in patients who experience atrial fibrillation, or irregular heartbeat. When the heart does not beat in a regular, healthy rhythm, blood may collect in the heart and clots may form as it collects. If a clot is pumped into the bloodstream and it reaches the brain, a stroke may result. Pradaxa was designed to thin the blood, allowing it to flow freely without clotting.

With the explosion of smart phones, text messaging, e-mail and real-time communications came the unexpected consequence of an increase in car and truck accidents because the driver was distracted at the time or shortly before the crash. Much has changed in the last ten years and the changes have had a significant and profound impact on our ability to communicate with each other.

As more and more lawsuits are being filed against Skechers for Shape-ups related injuries and damages, a number of law firms are gathering plaintiffs for a class action suit against the shoe manufacturer. However, a class action settlement may not be in the best interests of severely injured individuals. Before you entrust your serious Skechers Shape-ups injury case to an attorney, make sure they can help you recover the full and fair compensation you deserve.

This article discusses the items you should bring to the initial consultation with an attorney. Many times individuals forget to bring things, thus making the process more complicated. When you are going to meet with a Dallas personal injury lawyer regarding your injury incident be sure to bring the following items:

Compensation for Women Injured from Vaginal Mesh - The first federal trials against vaginal mesh manufacturers are set to begin in early 2013. If you have been injured by one these dangerous products it is NOT too late to act. Many women are initially on the fence when they start to contemplate whether they wish to seek recovery against a large medical device manufacturer like Bard or Johnson & Johnson.

For many Americans, trying to understand the rules that regulate the securities industry and the investment firms that invest their money is like trying to read another language. The investment industry has grown immensely over the past decade, and that growth has brought a complicated and massive system of policing along with it. If you have invested your money in a security or a company, you must take extra precaution to protect your rights and avoid being a victim of fraud.

Medical records are one of the most important factors used to determine the worth of a personal injury claim. They show your medical treatments, what you've told the doctor and pain, and how the injury has affected your everyday life. But, medical providers can charge for those records.

The personal animus exception to worker's comp allows an employee to make a personal injury claim against his or her employer. The general rule in Pennsylvania is that you cannot sue your employer for personal injury arising from your employment. There is an exception called the "personal animus" exception.

Frequently, general contractors will work with the same subcontractor or supplier on two separate, unrelated projects. When that happens, the situation may arise that on the first project (Project A), the subcontractor defaults on its contract, resulting in a back-charge that exceeds the subcontractor's contract balance, i.e. the subcontractor owes the general contractor money.

The UK's Company Names Tribunal deals with objections by brand holders to the bad faith or opportunistic registration of company names. Consideration of the emerging body of CNT decisions highlights the importance to brand protection of a combination of a company name watch service and a readiness to deal with any abusive registration by a speedy, and appropriate, application for an order.

Medtronic Drug Infusion Pumps have been the cause of hundreds of adverse event reports to the FDA. The medical device manufacturing company recently recalled three of their devices, the SychroMed II, SynchroMed EL, and refill kits for potentially fatal defects. A few of the frequently asked questions are answered below:

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts. So, the prudent standard.

Cates Law is quickly becoming nationally recognized as the top firm for handling vaginal mesh cases. Our expertise and successful track record has gained the trust of women all over the country. By finding this page, you have already taken the first important step in learning more about what your options are and the best way to proceed.

According to new medical studies, the recombinant human bone morphogenetic protein 2 (rhBMP-2), the active ingredient in the Medtronic Infuse Bone Graft, may be linked to cancer. Recent research conducted by independent doctors has found higher rates of cancer amongst patients who received the Infuse Bone Graft than patients who did not.

The New York State Consumer Protection Board has issued a directive urging consumers to make sure their children and loved ones are protected from extremely painful and possibly fatal scalding burns. Here are some helpful hints:

When the bioengineered bone graft developed by Medtronic was approved for U.S. markets in 2002, it was for procedures in the lumbar spine. The FDA had approved the Infuse Bone Graft specifically for patients requiring spinal surgeries for scoliosis, spinal fractures, and other spinal injuries affecting the lower back.

The Medtronic Infuse Bone Graft has been used off label in a number of procedures and has caused serious complications including cancer, neck swelling, airway compression, difficulty breathing, nerve damage, and other life threatening complications.

New cases of serious, uncontrolled bleeding in user of the prescription drug Pradaxa have surfaced. Pradaxa is used for stroke prevention in patients with atrial fibrillation. Lawsuits are now being initiated, contact our firm for a free case evaluation.

Today [April 12, 2012], the California Supreme Court, in Brinker v. Hohnbaum, handed employers an enormous victory, and brought clarity to the rules for meal and rest breaks. The Court also made important rulings on class certification of these lawsuits. This alert addresses only the clarification of the meal and rest break law.

Should you worry about protecting a large drug manufacturer who may have acted negligently to protect the profitability of their product, while your child suffered as of result of this negligence? We get this question lot: Should I hire a Zoloft lawyer? A lot of our clients don't consider themselves the 'litigious type' and thus can feel apprehensive about filing a lawsuit.

Senior citizens and elders are increasingly victims of scams. Abuses by attorneys in fact are among the worst. Elder Financial Abuse: Power of Attorney Scams - How to protect seniors from abuse of a power of attorney by family or friends, and how to spot this type of financial abuse.

Arbitration is often an effective way to avoid taking your case to the level of litigation when legal procedures must be involved in a particular issue you may be having. When it comes to matters of the law, the utmost skill and attention will need to be paid to the particulars of any case, especially those that involve disputes of any nature.

Clinical Trial Agreements (“CTAs”) can be surprisingly complex documents with numerous legal issues, particularly in the setting of a multi-center trial for a new drug product candidate. This outline highlights the principal issues typically arising in a CTA and some of the considerations for companies sponsoring pharmaceutical trials (“Sponsors”) in addressing these issues.

Analysis and commentary of the recent UBS vs. Regione Calabria High Court Judgment in respect of the issue of service of proceedings in EU countries.

Gabriele Giambrone, Managing Partner at Giambrone Law ILP, the Anglo-Italian law firm, comments on the failed venture of the British firm, British Gas and its decision to forego its business venture in Southern Italy. Setting up a business in a foreign country can be a daunting endeavor.

The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.

This question of whether Zoloft causes birth defects likely brought you here for two reasons. #1: You’re currently taking an antidepressant like Zoloft and you are pregnant or thinking about becoming pregnant. #2: Your child was born with a birth defect and you want to know if Zoloft was responsible in causing the injury.

Many victims of nursing home abuse are being forced to arbitrate their claims pursuant to their initial agreement with the nursing home. This article provides insight into the situation and discusses the impact of arbitration on Alabama nursing home abuse and neglect litigation.

As the social networking market continues to grow and evolve, consumers are increasingly presented with new platforms through which they can document and share their lives. The expansion of this market, particularly over the past few years, has been nothing short of remarkable. Websites like Facebook and LinkedIn have become nearly mandatory for young adults, much like cell phones in the 1990s. Written by James P. Goslee, Esquire

Entering into a business intertwines partners in many ways with more than just finances being invested. When a dispute arises, in some instances legal assistance is needed to resolve it. A partnership is comprised of two or more persons. When partners enter into a business together the road ahead can be a difficult one. There will be many factors that are decided upon that pertain to how they run their business.

As a general rule of thumb, if you're concerned about the statute of limitations for your Zoloft related birth injury case, the sooner you contact an expert the better. It's as simple as filling out a free Zoloft case evaluation form to find out if you have a case. Whether you consider yourself a litigious person or not, in the case of Zoloft, the manufacturers may have known about the potential dangers to your child but negligently chose to not disclose this information.

The overwhelmingly common theme to the reports of Lord Hodge’s ruling in the ongoing Rangers administration case was that he refused to give any directions: the BBC’s “'No ruling' on Rangers administrators' Ticketus challenge” was pretty typical. In fact, the court provided a careful and useful analysis of the law and, in particular, highlighted once more the dangers of failing to appreciate that the Scottish and English jurisdictions, laws and legal traditions are quite separate and distinct.

Under the majority “American Rule,” parties are generally required to bear their own attorney’s fees in civil cases. For over 100 years, however, Texas has been in the minority that allows courts to award attorney’s fees to prevailing parties for certain claims, such as for breach of oral or written contracts.

This article outlines the basics of Maryland consumer protection law. The reader will understand how to effectively advise the client at the initial consultation. The Maryland Consumer Protection Act (CPA) is codified at Md. Code, Com. Law § 13-101 et seq. The CPA is very broad, and covers virtually any form of fraud that a business might commit or attempt against a consumer.

Historically doctors had no idea that any risks were being posed to the unborn child when the mother took Zoloft while pregnant. Conversely, the manufacturer of Zoloft may have known of the increased risks to fetuses but chose not to disclose them. There are several reasons why they may have done this but most likely it was to protect their bottom line, make a quarterly earning call, or hope that the number of affected infants would be nominal.

If you're like millions of others, you may find that you're having a hard time paying your bills. Your mortgage is in arrears, and you just don't see any way out. The stress is enough to drive you crazy, and the constant harassment by creditors almost unbearable. If this describes you, Tacoma bankruptcy lawyers can help put an end to the constant harassing and threats, and protect your future.

Deciding to file bankruptcy isn't easy, and you may not have made up your mind whether this is the best option for you if you are facing constant harassment from creditors. A skilled Seattle bankruptcy attorney can help you make that decision, and work with you through the entire process should you decide it is the best solution to your financial issues.

Sometimes you just cannot do it alone. When you need an expert dealing with the IRS, a Seattle IRS lawyer is just the ticket. Perhaps you have a business overseas and require help with your taxes. Maybe the IRS is making an audit of your company and you feel a bit queasy about it. If there are any allegations of tax fraud, you definitely want someone on your side fighting for you.

Dealing with the IRS is never pleasant, even when you do not owe the agency money. When you're behind on filing or owe back taxes, it can be downright scary. If you fear that your wages will be garnished or your bank account levied, it's time to consult with Seattle tax lawyers who can help guide you and determine the next steps to resolve the issues.

When investors buy or sell a company's securities within a "class period" or specific time period and securities laws are violated, leaving investors injured economically, it may be time to consult with a class action securities fraud attorney.

The title of the Law “On amendments to certain Laws of Ukraine regarding the improvement of justice procedure” (adopted on the 20th of December, 2012) suggests the idea that such word as “reform” was removed from the list of legal terms after the pensionary reform. As the saying is, knock on wood!

On January 31, the Illinois Supreme Court chose the 14th Judicial Circuit in northwestern Illinois to be the first jurisdiction to allow cameras and tape records in the courtroom.

An estimated 100,000 people per year die in hospitals around the country from preventable errors and over the years this situation has only worsened. About 10 years ago a study from the Institute of Medicine was released. It estimated that 100,000 people per year died in hospitals around the country from preventable errors. Ohio residents will be disappointed to know the situation has only worsened.

A recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:

Preventable hospital mistakes range from U.S. surgeons operating on the wrong person or body part, happening as much as 40 times per week, to a hospital staff member’s failure to properly disinfect a room or wash his hands. The landscape of the modern medical system at first can seem quite picturesque. American hospitals are capable of great feats: saving lives, curing disease, and inventing new procedures.

If you are considering treatments it is best to have your specialized physician discuss all of your options with you. If you have, or currently are suffering from a pelvic mesh implant, you may be interested to learn that the manufacturers of these devices likely knew that the risks didn’t justify the benefits over safer repair methods. As terrible as that sounds, there is something you can do to fight back.

Plaintiffs in Foreclosure litigation will continue to proceed with the foreclosure litigation despite having a loan modification application pending. I recently read a post regarding the California Act that will prohibit Banks from "dual tracking" foreclosure cases. This term of art that is developing describes the situation in which the Bank continues to work with the Homeowner to modify the mortgage while also proceeding with the foreclosure action.

Case: Sikes v. Heritage Oaks West Retirement Village (238 S.W.3d 807) Parties: Plaintiff (Appellee) - Eugenia Ginger Sikes, on behalf of the estate of Joel Sikes (Deceased) - Defendant (Appellant) - Heritage Oaks West Retirement Village Court: Court of Appeals of Texas (2007)

Case: Van Klootwyk v. Baptist Home, Inc. (665 N.W.2D 679) Parties: Plaintiff (Appellee) - Michelle Van Klootwyk, survivor of Gladys Wilhelm (Deceased) - Defendant (Appellant) - Baptist Home, Inc. Court: Supreme Court of North Dakota (2003)

Case: Cheever v. Southern New Hampshire Regional Medical Center (141 N.H. 589, 688 A.2d 656) Parties: Plaintiff (Appellee) - Lynne Cheever, Administrator of the Estate of Cory Cheever (deceased)] - Defendant (Appellant) - South New Hampshire Regional Medical Center, Dr. Arthur Andsell Court: Supreme Court of New Hampshire (1997).

Case: Johnson v. Graceland Care Center of Oxford, LLC v. Conley (41 So.3d 692) Parties: Plaintiff (Appellee) - 1. Estate of Adela Johnson (Deceased) 2. Conley, Representative of Esther Conley (Deceased) - Defendant (Appellant) - Graceland Care Center of Oxford, LLC and DeSoto Healthcare, Inc. Court: Supreme Court of Mississippi (2010)

Case: Curry v. Healthsouth North Rehabilitation Hospital- Homer Campus (58 So.3d 1143) Parties: Plaintiff (Appellee) - Curry - Defendant (Appellant) - Healthsouth North Rehabilitation Hospital- Homer Campus Court: Court of Appeals of Louisiana (2011).

Case: Pine Tree Villa, L.L.C v. Olson (2009 WL 723034) Parties: Plaintiff (Appellee) - Olson - Defendant (Appellant) - Pine Tree Villa, L.L.C. Court: Court of Appeals of Kentucky (2009).

Subways, buses, and public transportation are the preferred and most convenient mode of transportation for millions of New Yorkers. This convenience comes with some safety concerns, as evidenced by four recent fatal subway accidents. Subways and buses are the preferred mode of transportation for millions of New Yorkers every day. Not only is public transportation convenient, but it also helps protect the environment.

Main purpose of this article is to explain the principle characteristics of the new ICC Arbitration Rules that will come into force on 1st of January 2012 and to analyze how they differ from the prior version. The author focuses to substantial amendments, major procedural innovations, new introduced mechanisms and de-regulated rules of existing ICC principles.

According to legal reports, the Texas Supreme Court has recently passed down a landmark decision on water rights in the lone star state. Reportedly, the crux of the decision is that landowners own the water which is beneath their property. Sources say that after two years of litigation and speculation as to what the court might do, a decision was handed down on February 24, 2012.

At a time when Libyans are eagerly gearing up towards the task of rebuilding their country, previous international contractors are gathering their records to calculating their losses during the Libyan revolution. Although, these claims have a legitimate place in commerce, it is unfortunate at time of rebirth; Libyans are left to deal with the uneven commercial legacy of the old regime. Yet, this is the insistent nature of commerce.

The Russian Legislation Overview includes a brief overview of the major legal acts that came into force in January 2012. Federal Law N 353-FZ dated December 12, 2010 entitled "On amendments to the Civil Procedure Code of the Russian Federation”. Came into legal force on January 01.2012 (excluding certain provisions).

Scientists recently linked the blockbuster diabetes drug Actos to bladder cancer. Actos’ maker insists that the benefits of the drug outweigh the risks, but bladder cancer sufferers disagree. The first hearing was recently scheduled for a wave of lawsuits against diabetes drugmaker Takeda Pharmaceuticals.

Malaysia is gearing up to position themselves as an alternative choice for maritime dispute resolution in Asia. On 27th February 2012, the Chief Justice of Malaysia launched the Fast Track Arbitration Rules (2nd ed) 2012. The CJ was invited by the Kuala Lumpur Regional Centre for Arbitration to launch the Fast Track Rules as part of the Centre’s initiative to promote Malaysia as a venue for dispute resolution.

In Poland bills of exchange are commonly used to secure various obligations. They are used in between consumers as well as in professional transactions. Advantages of the bill of exchange are often used by the banks and other financial institutions. Almost every loan or a mortgage credit in Poland is secured by the bill of exchange.

SureFire is a California company that makes gun-mounted flashlights and weapons accessories used by law enforcement officials throughout the United States. Recently, however, a Dallas, Texas family sued the company, alleging that a bad flashlight design led to an inadvertent shooting and fatal personal injury. An attorney examines which argument concerning the cause of the death is more likely to prove successful in court: defective product design or product misuse.

It is the job of the entertainment industry to provide the general public with a source of entertainment. Unfortunately, the methods employed to do so are not always received well, and sometimes entertainers and media moguls can be sued for the risks they take when providing entertainment to viewers and listeners throughout the U.S.

What is Zoloft discontinuation syndrome? - Zoloft discontinuation syndrome is the technical term for what occurs when patients experience 'Zoloft withdrawal', or stop taking Zoloft too suddenly. There is no way to tell in advance if one will experience withdrawal symptoms – it is determined by numerous factors such as the dosage, how the patient was taken off the drug, metabolism, etc. The withdrawal symptoms can be severe and can last several weeks.

A trade name can be the legal name of a company or may be a name under which it does business even though not actually incorporated under that name. For reasons that are primarily historical, trade names themselves are not federally registered, although may be registered by states.

English solicitors are used to being instructed to raise proceedings against opponents who are based in Scotland, very often by clients who don't see there's a problem. We lawyers know that, as legal jurisdictions, Scotland and England are quite distinct. There's really little reason, though, why our clients need know or care, at least until they have to consult us.

Legal obligations and liabilities of condominium homeowners’ associations under the Davis-Stirling Act under California law for the maintenance, repair and replacement of the common areas of the condominium property.

For parties with assets and or beneficiaries in multiple jurisdictions it is imperative to ensure a proper estate plan is in place. Unless proper steps were taken in estate planning there could be adverse tax consequences that could have otherwise been planned for and perhaps avoided to achieve the testator’s goals. This article examines the consequences of failing to make such a plan where the deceased resided in both Israel and Canada with beneficiaries and assets in both jurisdictions.

Considering some facts regarding disputes in the International Trade arena. Most of the time parties in international trade develop all kind of businesses without primary concern of a potential conflict between them.

It can be tricky to separate law from politics. Some politicians claim sincerely to believe that any Act passed by the Scottish Parliament which provided for the holding of a referendum on Scottish independence would be unlawful. Some lawyers claim to agree with them. In Scotland, we are living in exciting times and the politics may be genuinely intriguing but is the law not actually, and drily, beyond any real debate?

This Article addresses various appeals in the North Carolina court system. It includes appeals of criminal and civil matters, discusses the jurisdiction of the North Carolina Court of Appeals and the North Carolina Supreme Court, and addresses preserving errors for appeal and compliance with the rules of appellate procedure.

An article from the bench, bar and parenting coordinator. Honorable Judge Mary E. Staley - For the sake of their children, divorcing parents must communicate with each other in a healthy manner concerning parenting issues. This poses a serious problem for the approximately 20-30% of divorcing parents who exhibit high conflict behaviors. Research indicates that unrelenting parental conflict is the most common cause of poor adjustment in children following a divorce.

Legality and application of foreign judgments in Turkey depends on completion of several procedures which are called enforcement and recognition in Turkish Law. The provisions about recognition and enforcement take place in Law numbered 5718 dated 22.11.2007. Recognition is regulated under Art. 58 of Law numbered 5718.

Over the years in my legal practice I have noticed that, much as I would wish, advise, and preach to the contrary, most of my business law clients come to the firm, not because they have recognized a need and seek to avoid or prevent some problem or event from happening, but in response to that problem or event after it has occurred. In other words, the demand for our legal services is reactive, not preventative.

The information in this article is intended as quick reference for a person or business thinking about Trademark Registration in Ghana. Trademark registration in Ghana is governed by the Trademarks Act of 2004, Act 664. Before an application for registration of trademark is submitted to the Registrar, it is advisable for a trademark lawyer to review the application and conduct a preliminary search.

An understandable, but false, assumption of some potential law firm clients is that a small case will cost less than a big one. After all, if I buy a small coffee I expect to pay less than I would pay for a larger size, so why do legal fees not adjust to the size of the case? Well, first of all, they do in some cases. Legal fees can track the size of the deal in transactional matters; that is, where the parties are negotiating a deal and entering into contracts re same.

In Texas, only the defendant can move the court to separate an issue of exemplary damages from the actual damage part of the lawsuit. A defendant must make a motion to bifurcate the trial before the jury selection begins, absent a pretrial scheduling order setting an earlier date.

On February 3, 2012, the International Court of Justice delivered its judgment in proceedings instituted by Germany against Italy for alleged violations of the jurisdictional immunities enjoyed by States under public international law. The Court held that Italy committed several breaches of Germany’s State immunity.

With the rise in the use of wireless communication, there have been numerous accidents and studies detailing the dangers of texting while driving. According to the Governor's Highway Safety Association, 30 states have laws that ban texting for all drivers. Over one-third of those laws took effect in 2010.

There is a general principle that someone who gives permission to use his or her vehicle does not become liable for the borrower's negligence, absent an agency or employment relationship. Jason Beck, 17, drove his friends around one night, egging cars and homes before he hit another vehicle, causing serious injuries to the driver, Amy Young. Young sued Beck for damages and also his parents, who owned the car, claiming they were liable for their son's negligence under the family purpose doctrine.

Some thoughts about the problems small business owners face when choosing a business entity. Among other factors limiting the liability of the business owner must be carefully considered. It is important to remember that simply choosing to do business in an entity - corporation or limited liability company- is not enough to eliminate all the liability the small business owner has.