Civil Litigation Lawyers in the USA
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- Common Tricks Lawyers Play in Civil Litigation
Even for the most experienced of litigators, litigation can be stressful. This is even more true when there is an imbalance in experience due to an experienced trial lawyer facing off against a young or new lawyer or a pro se litigant. A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.
- Rules Regarding Evidence Spoliation
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.
- California’s “Good Faith Settlement” Law: An Example from a Recent Case
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.
- Civil Lawsuits Involving Sexual Abuse
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 Does International Law Affect Airplane Crash Liability?
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.
- Breach of Contract Litigation: What Do I Need in a Contract?
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
- Anti-SLAPP Motions in Connection with Employment Law Claims
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.
- What Is It and What Happens in a Class Action?
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 and Product Liability Claims
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.
- Business Litigation: Swinging a Bigger Stick
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.