Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
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.
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.
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.
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 Smyth Casey & Even, 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.
December 22, 2016 By N. Pirilides & Associates LLC
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.
December 22, 2016 By N. Pirilides & Associates LLC
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.
December 17, 2016 By Ameli Inyangu & Partners
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.
December 12, 2016 By JGPC Business & Corporate Law
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.
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.
The number of United States residents who are deemed to be Limited English Proficient (LEP) has substantially increased in the recent decades. A (LEP) person is one who does not speak English as his or her primary language, and who has limited ability to read, write, speak, or understand the English language.
What constitutes insurance “bad faith” in California? What can a policy holder do to hold an insurance company responsible and accountable for the protections of a valid policy? California insurance law is quite complex, and a policy holder should never attempt to interpret or take action against an insurance company without strong legal advice and representation.
Individuals and business interests in San Diego are often denied coverage under valid insurance policies. The first question to be answered is: “Does the coverage in my policy cover the specific circumstances of my claim?” The second question to be answered is: “Is the insurance company acting in good faith with respect to my policy claim?”
Although arbitration is considered as a reasonable form of alternative dispute resolution, foreign arbitral awards are subject to an enforcement procedure. In this sense, The New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a simplified procedure for recognition and enforcement in the contracting states including Turkey.
As social media continues to become further ingrained in our daily lives, businesses and individuals should consider its potential role in litigation - particularly intellectual property-related matters. Here, a few examples of lawsuits and potential lawsuits that have arisen specifically due to social media sharing.
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
Since 2013, when the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its Final Rule implementing revisions to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the potential for business associates to be sanctioned for privacy breaches has been a concern to law firms that regularly handle protected health information (PHI). A recent settlement involving a business associate brings that concern into sharper focus.
What should law enforcement officers do if faced with a “non-criminal” mentally ill man being seized for his own protection, [who is] seated on the ground… hugging a post to ensure his immobility… surrounded by three police officers and two Hospital security guards, [who has] failed to submit to a lawful seizure for only 30 seconds”?
Arbitration has become an increasingly popular choice for dispute resolution in Hong Kong especially for cross-border disputes involving Mainland China.
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
1. The Legal Instruments Utilized on International Arbitration in the UK: A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
Being an employer in any jurisdiction seems to become more complicated as time goes on. I was recently reminded of this when we were advising an international client of the Firm on employment issues in Romania.
By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
Having gained experience in providing legal advice to private companies and joint-ventures involving a Thai-based partner, it has become apparent that disputes in business operations tend to arise from the appointment of key management who are not favored by the other business partner.
Tragically, airplane crashes often result in catastrophic losses. Hundreds of people may die in a single incident. Those lucky enough to survive often suffer from debilitating injuries. When an airplane crash occurs, those affected may consider how to seek compensation for the losses that they have suffered. Airplane crash investigation and liability can often be complex.
If a party sues for breach of contract, the onus is on that party to prove the validity of a contract. This party has the duty to show that all of the necessary elements are present. The following elements must be in all valid contracts
As a trial advocate, one of the more common questions that I get asked is regarding bail when a convicted person decides to appeal. What happens during that appeal stage with regards to Bail and suspension of sentence is what this article is concerned about.
Employers and employees alike should be aware of the not-so-new litigation device known as the anti-SLAPP motion to strike. This motion, typically filed in the early stages of a case, is designed to strike a Complaint before it gets off the ground.
Last fall, the SEC initiated disciplinary proceedings against financial advisor and self-proclaimed “Financial Myth Buster” Dawn Bennett, accusing her of publicly inflating her client assets under management (or “AUM”) and exaggerating her investment returns.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
Georgia Drivers License - DUI Suspension and How to Protect Your Administrative License Suspension Appeal
Georgia Driver License suspension after a DUI arrest in Georgia - After a DUI arrest in Georgia, the Georgia drivers license of virtually every person taken to jail is confiscated. An out-of-state drivers license can also be confiscated. This seizure of your drivers license is part of the Georgia implied consent law, and a 30-day permit is issued. Not appealing this DUI license suspension within 10 BUSINESS DAYS after arrest, triggers loss of the right to drive in GA for 12 full months.
Class actions provide a number of benefits to plaintiffs who can band together, usually to take on a big manufacturer or defendant with heavy pockets and a legal team on hold.
Energy drinks saturate the market from the simple brand names that give energy for hours to the generic that hold mostly caffeine but nothing else. For the last few years, these products have been linked to several instances of death among consumers.
Everyone knows that litigation is an expensive distraction from the true mission of any business. Good management, with well drafted contracts and employee supervision, go a long way to minimize lawsuits. However, despite the “best laid plans”, things happen.
Consumer protection is a vital, but often ignored, issue in developing countries, and Bangladesh is no exception. However, in a country like Bangladesh, with a rapidly growing consumer-base, protection measures for consumers are of paramount importance. This has now necessitated giving high priority for the protection of the consumers and promotion of a responsible consumer movement in Bangladesh.
In 2012, the Bangladeshi Parliament, feeling the need to enforce mandatory mediation in all civil cases, made an amendment to its Civil Procedure Code making mediation mandatory before all civil claims go to trial. While the law has been passed, it is not yet in force, as it is awaiting a trained pool of mediators to run court-referred mediations.
Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline.
Commercial collections differ from consumer collections in that it works to remedy the past-due accounts in business-to-business deals. Running a business is a difficult venture even without having to worry about finances. However, with the added stress of unpaid accounts and debts piling up, most business owners find themselves in the red through no fault of their own. Past-due accounts owed by clients and/or partners can severely slow down the progress of your business.