Civil Litigation Lawyers in the USA
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- Class Actions: Nuisance or Necessity?
Are Class Actions a nuisance or necessity? In this article I will discuss what class actions are and why they are an indispensable tool of defense against injuries suffered due to bad business practices.
- Failure to Disclose in California Real Estate Transactions
California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation. It is not appropriate for a seller to simply list a property “as-is.”
- Can You Get a Subpoena without a Lawyer?
A subpoena is an order from the court demanding that someone or something be provided to assist in a case. Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
- Can You Sue a Spouse for Theft?
During the course of a marriage, one spouse may steal an asset that the other spouse considers to be his or her own property. Whether the victimized spouse can sue the other spouse for theft depends on a number of factors. State law largely determines this issue.
- How Can a Lawyer Help You in Small Claims Court?
Small claims court provides an alternative avenue for individuals to pursue claims of a lower value, usually for a maximum claim of $5,000. These proceedings tend to be less formal than other types of court proceedings. However, a lawyer’s experience and knowledge may make the difference between winning or losing a case.
- Is it Possible to Appeal my Case?
There are two ways to appeal any judgment or non-final order handed down in a courtroom. The first way is to report a misapplication by the judge. This is otherwise known as an error of law. The other way is to make an argument that there was not enough evidence to support the final judgment.
- Finding Out About the Defendant's Assets
Plaintiffs will want to know whether the defendant has the means to pay off a judgment before going to trial. Additionally, plaintiffs will want to know about the defendant’s assets if they have received a judgment against the defendant. There are several legal avenues that plaintiffs can pursue to determine the location and value of the defendant’s assets that may eventually be used to satisfy a judgment.
- How Can I Challenge a Garnishment?
Garnishments can result in the withholding of up to 25 percent of a person’s disposable wages, according to federal law. However, there may be a number of objections that a debtor can raise to reduce or eliminate the garnishment.
- What Is a Class Action Lawsuit and What Are Its Benefits?
Class action lawsuits are commonly heard on television and radio commercials. They often involve defective products or predatory lending schemes. They provide several benefits to litigants by allowing them to join together for a common goal.
- How Lawyers Help with Mediation
Even if a person is embroiled in litigation, he or she can still benefit from the process of mediation. Lawyers can assist their clients with this process in a number of ways before, during and after litigation.