Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
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.
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.
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.
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.
Employment lawyers provide a variety of services to employees and employers. Some of the common tasks that lawyers in this practice area help with include:
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Women who suffered permanent hair loss from the chemotherapy drug Taxotere are filing lawsuits against the drug maker.
97 Reasons to Fight a DUI charge; DUI Penalties; DUI Consequences; and Pleading Guilty = 100% Chance of Losing
For the past 30 years, an average of 1.5 million American drivers have been arrested for driving under the influence of alcohol or DUI drugs. In the states lacking a first offender act for DUI, no pretrial diversion and where no expungement of a DUI conviction is possible, fewer than 15% of all accused drivers avoid conviction. Three key factors determine who that 15% will be: (1) a defeatist attitude of the client (2) hiring the wrong lawyer and (3) lack of full information on DUI consequences.
No criminal court in Georgia processes more driving under the influence cases than the Atlanta Municipal Court. Atlanta DUI lawyer explains how the court moves its misdemeanor criminal cases and traffic tickets (including DUI) faster than all other traffic court locations in the State, instant information needs to be found online, by those issued traffic tickets in the Atlanta GA traffic court. City of Atlanta misdemeanor arrests start in the Municipal Court of Atlanta, including drunk driving.
It often happens, when negotiating business deals, that one or both of the parties wants some assurance that their negotiations are serious and will ultimately result in a binding contract rather than a waste of valuable time.
The Romanian courts do not necessarily operate with the speed and efficiency that may be found in Western Europe or the USA but this should not prevent a practitioner considering the following steps against a Romanian debtor. Consider here both the enforcement of a decision issued by a competent court as well as a seizure order against a debtor’s assets.
In Birchfield v. North Dakota, the US Supreme Court addressed the constitutionality of state implied consent laws that criminalize a person's refusal to submit to a forensic test (i.e., blood, breath), for impaired driving charges. About a dozen states have enacted Draconian DUI-DWI laws proscribing refusal to submit, in an effort to obtain compliance with implied consent law tests following a drunk driving arrest, or go to jail or prison for non-compliance. The case was decided June 23, 2016.
The questionable "science" behind field sobriety test evidence collected by police from unsuspecting citizens detained for suspected driving while intoxicated offenses must be met with a DUI expert witness in the defense phase of the case, to have the best opportunity to educate the jury about these bogus evaluations. Similarly, a breath alcohol test is never used by medical doctors, and police breathalyzers have known precision limitations and maintenance accountability crime lab records.
Personal injury claims are often based on the negligent acts of individuals and how these led someone to be injured as a result of a car accident, slip and fall or medical mistake. The physical effects of such accidents can be devastating. However, many such accidents often result in significant psychological injuries.
Creditors who have sued (and won), may find that the debtor has moved its business operations or move its assets to another state. When this happens, the creditor should consider domesticating their judgment in the new state.
By Kaass Law
If you are an officer, president, or owner of a California corporation and have been served for purposes of a lawsuit or pending legal proceedings it is vital that you hire a business defense attorney to represent you in court. Pursuant to Paradise v. Nowlin (1948) 86 C.A.2d 897, Code of Civil Procedure § 116.540(b).
Texas homeowners and property owners whose house or land has suffered water damage due to the actions of a neighbor or nearby business may be eligible to file a lawsuit. The first step in taking legal action is to talk with an attorney about your case.
Insys, the company behind the fentanyl sublingual spray Subsys, and former employees at the company face investigations and criminal charges regarding the marketing of Subsys to doctors and patients. The Subsys fentanyl spray, which is used to deliver the powerful opioid to patients, has earned billions of dollars for the company.
Registering copyrights is important in order to provide business owners and authors significant benefits, including statutory damages and reimbursement for attorneys’ fees, in the event someone infringes on their copyrights.
The Securities and Exchange Commission (“SEC”) announced that it obtained a court ordered “freeze” of the assets of three individuals, including Ash Narayan, formerly of RGT Wealth Advisors, who, the SEC alleges, siphoned millions of dollars from the accounts he managed at RGT for professional athletes and others while he was the manager of RGT Wealth Advisor’s Orange County, California office.
A former employee of TMP IPSCO Koppel Tubulars LLC has filed a class action lawsuit, alleging that the tubular producer company unlawfully terminated employees and withheld wages and benefits.
Trains tend to carry many people when transporting individuals to destinations. Though accidents are not very common, a derailment may occur for various reasons. When these incidences arise, many passengers may become injured.
Many gyms offer participants the ability to become members. Membership usually entails documentation that explains the use and rights of those within the gym. Likewise, individuals who are not members may still sign documentation or otherwise accept certain terms and conditions of using the facility.
Whether going out to eat or eating at home, many individuals are harmed by different types of food. Safety may not be the first thought for many that handle food products, but negligence of food safety is a leading cause of illness and ailments from edible products.
In the advancing technological age, many business relationships end before their allotted time due to complications or violations in policy. Some employees or partners are unable to complete the demands of the business, violate regulations or breach a contract.
Many forms of public transport are used each day in various cities around the world. They allow faster travel and easier convenience than cars on many occasions. Just as cars and trucks encounter damage through collisions, trains, buses and even light rails may encounter the same issues.
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.
Talc-based products are often used as a daily regimen to increase the personal hygiene a person possesses. Other uses include sprinkling the powder in a diaper or on the skin of an infant to prevent possible rashes caused by diapers. Unknown to some, the talc-based specific products may be more hazardous to the health of babies, children, women and expecting mothers.
While some sports are inherently dangerous, some individuals sustain injuries due to the negligence of others. Legal liability may exist when a person is injured while playing a sport, but complex rules may apply.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
Maybe it was the speed of the auctioneer’s prattle, the thrill of bids rising in $100,000 increments or the rush to snag a multimillion-dollar mansion at a discount, but the buyer with a NASCAR pedigree mistakenly thought it scooped up two beachfront estates for $6.2 million.
In civil matters, a statute of limitations is a law which places a deadline on the time frame in which a victim may pursue a claim against a wrongdoer. This “deadline” varies depending on the cause of action involved, but whatever the time limit, once the statute of limitations expires, the legal claim can no longer be pursued in a court of law.
This article lists some sample questions that you may be asked by the opposing counsel in a deposition. The deposition is a legal meeting that carries the same importance as a hearing in front of a judge, so you are legally liable for whatever you say in the meeting. If you are confused or unsure during a question, you are allowed to consult your lawyer. Try your hardest to remember accurate answers, but don't be afraid to admit you don't remember something.
Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained.
Every year, more than 2 million individuals are injured in automotive accidents. Some of these individuals choose to handle their car accident claims on their own. However, making this decision can lead to irreparable harm and subject them to certain risks, including:
When an individual is injured at work, he or she may wonder whether to file a workers’ compensation claim or a personal injury claim. There are significant differences between these two options and filing a personal injury claim may not always be an available remedy depending on the circumstances of the case.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
In any given jurisdiction, there are many lawyers from which to choose. Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products.
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
As business litigation attorneys, we sometimes have the unpleasant task of informing clients that their “breach of contract” case is not worth pursuing because the legal fees and costs to pursue legal action are likely to exceed the recoverable amount in their case.
The Food and Drug Administration has warned that patients who are implanted with IVC filters sold by Cook Medical, C.R. Bard, and other medical device manufacturers may be at risk of serious and potentially fatal side effects. Dozens of lawsuits filed by patients who suffered complications from IVC blood clot filters have been filed against these companies.
One of the most common types of accidents that results in a personal injury is a slip and fall. These injuries generate a great deal of claims for insurance or litigation.
Most general terms and conditions include an exoneration clause. In this clause the user of the terms and conditions limits his liability for loss due to possible failure in performance. The courts regularly have to deal with the issue how such a clause should be interpreted and whether it is in fact reasonable at all to apply this clause.
When workers are injured on the job, their usual course of recourse is to file a claim for workers’ compensation benefits. However, there are several scenarios that may arise that provide a basis for a civil lawsuit against an employer.
The Supreme Court of Romania, in motivating the decision, considered that the tax audit is the document that underlies the issuance of the tax decision, namely that document that records the findings of the fiscal inspection bodies, "it does not represent an administrative act” so as defined by art. 41 of Ordinance no. 93/2003 regarding the Romanian Fiscal Procedure Code, also it does not represent "a receivable title" as it is defined by art. 110 par. 3 of the Romanian Fiscal Procedure Code.
One of the types of damages that personal injury victims may be able to receive compensation for is pain and suffering. It is important for plaintiffs to understand what is considered “pain and suffering” in the court that has jurisdiction of the case.
Individuals who are injured in an automotive accident or another event may benefit from having a video of such accident or event. Such footage may provide significant value in legal claims.
For individuals receiving dividends from a Romanian legal entity, starting in January 2016 it is maintained the 5% percentage of the gross dividend paid. Also, since January 2016, the persons who obtain income from dividends do not owe social health insurance contribution for that income in case they obtain income from wages, pensions, independent activities, association with a legal person, etc., except the earnings from intellectual property rights.
By Cantor Crane
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes
Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.
As more and more areas crack down on distracted driving, a new theory may hold other individuals partially liable for accidents caused by distracted driving. This theory is referred to as “remote texter liability,” and involves the assessment of whether a person not in the vehicle who texts a driver should share in the responsibility of the accident.
California has witnessed a significant rise in the number of employer retaliation cases in the past few years. The exposure to San Diego employers is significant and it is important to tighten employment contracts, policy and procedure and employee manuals, as well as internal processes for responding to and documenting employee complaints.
Anyone who has ever been involved in a car accident knows that it can be a traumatic, stressful experience, especially when someone is seriously injured.
Hover boards are a popular toy item that teens and pre-teens are particularly drawn to. However, hover boards have been a frequent source of injury for children who use them.
While the general rule is that law enforcement officers are not legally liable for failing to protect a citizen, there are exceptions to this rule. One such exception is the special relationship doctrine.
By M F Ejchel
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.
Women who used talcum powder products for feminine hygiene may be at risk of developing ovarian cancer. More than 1,200 lawsuit have been filed against Johnson & Johnson by women who were diagnosed with ovarian cancer after using Johnson's Baby Powder, Shower to Shower, or other talc products sold by the company.
Cooking the books and other illegal strategies to gain economic advantage. Accounting fraud is the practice of purposefully or intentionally misrepresenting the financial accounting records of an LLC, corporation or business in California in order to mislead others. Accounting fraud is usually committed in an attempt to make a business or investment look more profitable than what it actually is in order to attract investors.
California Law protects trade secrets, while restricting deceptive advertising and price manipulation. California is home to some of the strictest unfair competition laws in the United States. Governed by Section 17200 of the Business and Professions Law, and in conjunction with other state and federal laws, California works to eliminate unfair competition, and establish a fair and even playing field for business competition.
Malpractice occurs when some form of negligence, such as a misdiagnosis, treatment after the surgery, mismanagement of care, treatment errors or the continuing care plan of the patient when they have been released from the hospital.
Cayman Islands Shareholder Disputes and Corporate Insolvency: Applications for Validation Orders by Solvent Companies
By Loeb Smith
On 9 February 2016, Clifford J., sitting in the Financial Services Division of the Grand Court of the Cayman Islands gave Judgment in In Re Torchlight Fund L.P. (unreported) reaffirming the principles which the Court will take into account in determining whether to grant a validation order.
Bringing a Business Lawsuit Before a San Diego Court Can Take a Year or More. How are business disputes managed in San Diego? What are the legal and practical realities that guide these cases? What should you look for in a business dispute resolution attorney? The first fact to consider is this: the vast majority of business disputes are settled prior to going to trial.
Litigation Between Co-Owners or Members in an LLC or Partnership Resolving business partnership disputes quickly and efficiently can quite literally make or break a business. When co-owners, partners or members in an LLC are involved in a dispute or litigation the entire company can be at risk. Energy that should be devoted to critical business analysis and decision making is distracted by disagreement that can quickly devolve into an open feud.
Commercial contracts can be broken by either party in certain circumstances, but when can a party justify termination by a new reason given later - after the termination has taken place?
It is second nature in this age of technology to post up-to-the-minute details of almost every facet of our personal lives. We share photos, experiences, observations and opinions. But when it comes to your personal injury lawsuit, you need to be very cautious about every piece of information you make public.
Emails often do not disappear. Even if someone has deleted them, it is possible that they still exist in some form somewhere. Like with other pieces of documented evidence, an email can be used against someone in a case. However, emails have specific characteristics that put their authenticity into question.
It is not uncommon for a person to interview multiple lawyers before deciding which one to hire. Just as clients may interview lawyers, lawyers may conduct their own assessment of a case. Some of the factors that lawyers may consider when determining whether or not to take a case include:
When considering pursuing a particular case, a potential plaintiff must determine whether the case is worth pursuing. While some clients feel that pursuing the case is necessary because of “principle,” unless the client has significant financial means to justify bringing forth a case that will yield a lower damage award than the associated legal expenses, making this determination is usually a financial decision.
If you have been wronged by another, you may consider pursuing a legal claim against the person who harmed you. However, before taking this action, you may consider whether your claim is viable. Some considerations in making this assessment include:
Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on the last page alone of the award shall suffice provided the last page contains a part of the reasoning of the award.
In any legal action, individuals have the right to represent themselves in court. But just because they can doesn’t mean they should. The notion is understandable. You’re facing a mountain of medical bills. Your injury has left you out-of-work and struggling to pay your mortgage. You can’t afford a lawyer, and even if you could, why should s/he get a cut of your compensation?
In case of annulment of contract containing an arbitration clause the annulment shall extend to all clauses of the contract including the arbitration clause.
One of the most common types of consumer fraud is auto dealer fraud. A claim of this nature can arise from a number of misrepresentations, deceptive practices or other unethical or immoral behavior. When consumers feel scammed by auto dealers, they may consider hiring a lawyer.
Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charter-party which may include an arbitration clause. The reference to arbitration shall be clear and unambiguous.
How do the courts handle insurance claims where a vessel’s owner has failed to properly disclose the value of the vessel?
Security breaches continue to be a serious threat to businesses and private citizens. When law firm computers are hacked, sensitive client information may be leaked to their detriment. Whether the law firm is liable for such breaches depend on a number of factors.
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
The waiver of a right to refer a dispute to arbitration could be express or implied. However such a waiver has to be clear and unambiguous so as to avoid doubts about the intent of the party to wave the right.
Sometimes after a person has taken certain medications, he or she discovers that this medicine has caused unanticipated medical issues. A person may be entitled to compensation for injuries caused by defective products. However, a person only has a limited amount of time in which to bring a lawsuit in order to recover.
Slander occurs when a person makes an unprivileged false statement of fact that causes harm to that person or his or her reputation. Determining the amount of damages in a given slander case can help the plaintiff and lawyer determine the potential value of the case and if it is worth pursuing.
The changes made by the Georgia Supreme Court in June of 2015 in regards to spoliation in the State of Georgia.
When someone receives a summons, it is usually to indicate that they are being named as a defendant in a lawsuit. If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state.
How do benefits arising from actions to mitigate loss affect the calculation of damages for repudiation of a time charter? At top Bahamas law firm ParrisWhittaker our expert shipping lawyers have many years of experience with advising shipping and maritime clients on all aspects of claims for damages, including issues that might affect the calculation of the sum owed.
By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are going on, until a resolution has been made on the challenge which was has been raised by such party by an authority or court of law which has the right to rule on such a point.
Some states require that potential lien claimants serve a Notice of Intent to Lien on of the real estate where the lien will be placed prior to the filing of the lien. Georgia does not have this prerequisite, however, so a Georgia lien claimant may exercise an option to serve the project owner with prior notice.
Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the person it is representing through a private power of attorney to sign such a contract to arbitrate.
The decision regarding whether or not to hire an attorney – and whom to hire if so – is one of the biggest that an individual who is considering filing a civil action will ever make. When considering whom to hire, clients will often mull over an attorney’s rates, case history, or like-ability. But what clients sometimes overlook, yet what is very important, is hiring an attorney with specialized experience handling specific case types.
Annulment of Award Possible if Procedures in Arbitration Contract or Terms of Reference Are Not Followed in UAE
A party to an arbitration contract has the right to request an annulment of an arbitration award if the arbitrator did not follow the procedures contained in the Arbitration Contract or the agreed Terms of Reference.
It is possible to request annulment of arbitration award if it was based on invalid terms of reference or an agreement which has expired by time prescription as per article 216/A of the civil procedure law.
By Bona Law PC
The legality of resale price maintenance agreements under US antitrust law.