Civil Litigation Lawyers in the USA
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- Can I Get the Other Side to Pay My Attorneys’ Fees If I Win My Case?
While other countries may require the losing side to pay both sets of attorneys’ fees, in the United States, this is not usually the rule. Requiring the losing side to pay all attorneys’ fees and costs may serve as a deterrent for individuals to access the court system for justice and works against public policy.
- How To Collect From an Individual Who Moved Out of California
Unpaid debt is a sad fact of life: sad for the debtor who will end up with a damaged credit rating and reputation; sadder still for the creditor, who conveyed a product or service of value and gets nothing in return. After diligently seeking remuneration from the debtor, the creditor is sometimes forced to bring the outstanding debt into a California court of law.
- Georgia's Doctrine of Sovereign Immunity Does Not Prevent Surety from Suing State
In a very recent case, the Georgia Supreme Court upheld the lower courts' decisions to allow a performance bond company (who had to complete a public works project) to sue the State of Georgia for its default.
- Obtaining Discoverable Information in Litigation
Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
- Electronic Discovery: Model Code of Conduct, Clawback Agreements and Quick-Peek Provisions
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
- What to Do if a Default Judgment is Taken Against You
A default judgment is a judgment that is taken against someone that’s been sued when the person sued (defendant) is served with a lawsuit but ignores the lawsuit, fails to file the proper documents (an Answer) or otherwise make him or herself known to the court.
- Rules Change for Construction Arbitration
The American Arbitration Association offers new rules to reduce fees and speed the decision making process for the arbitration of construction claims between $75K and $5M.
- Swimming Pool, Spa and Hot Tub Drain Entrapent - Not a Typical Premises Liability Claim
Many people are simply not aware of the dangers that defective swimming pool, wading pool, spa and hot tub drains have until it is too late, especially when children are involved
- Lessor Beware: Estoppel by Deed in Oil and Gas Leases Comes to Pennsylvania
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.
- Wrongful Death at Sea: Liability, Non-Pecuniary Damages, and Survivors’ Legal Remedies
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.