Litigation Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Litigation.
There are definitely reasons to consider filing a breach of contract lawsuit even though you intend to find another path to resolve the situation. Filing the lawsuit puts the breaching party on notice that you are serious about holding them accountable, and may strengthen their resolve to cooperate to find a positive solution to the breach.
Social media continues to change how we communicate.
A recent ruling in the UK’s High Court highlights the importance of arbitration clauses and agreements in commercial disputes, and clarifies when they take precedence.
What the internet is today to lawyers is an established disruption of prior ways of practice. The internet has now been around long enough to where services and products have matured to make lawyers’ lives more efficient and productive.
By Loeb Smith
A mareva or freezing injunction is an interim court order, restraining a party from dealing with, or removing, assets from the jurisdiction. Such an order is normally applied for on an ex parte basis (or without notice to the respondent) in order to avoid the risk of the dissipation of the assets which the injunction is intended to cover.
Nuptial agreements are agreements made before (ie. pre-nuptial agreements) or during marriage (ie. post-nuptial or separation agreements) which often include provisions for division of assets and spousal support in the event of divorce.
No term would be implied into a contract, requiring a bank to use reasonable care to obtain the best price it could when asserting its right of forced sale of a limited partnership, the UK’s High Court has said.
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.
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.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.
Even in cases in which the identity of the wrongdoer or the whereabouts of the misappropriated property is unknown, there are tools available for recovery of property, or proceeds of property, which have been misappropriated from a Cyprus company or a company managed and controlled from and in Cyprus.
With globalization and recent reshaping of the global landscape the paradigm shifted, and the international law moved away from its classical definition of regulating relations between nations and extended well beyond regulation of ‘the conduct of states toward their own citizens’.
Claims under a contractual warranty must fully comply with procedures set out in commercial contracts – including where a limitation period is imposed on warranty claims. The UK courts have recently upheld restrictions on warranty claims relatively strictly against purchasers. In a recent case, the purchasers under a commercial contract were time barred from making a claim when a dispute arose.
Capital amnesty law is adopted granting release from criminal, administrative and tax liability for individuals who have voluntarily declared their property.
Russian Supreme Court Clarifies Procedure for Settling Disputes Related to Activity of Company Managers
The Plenum of the Supreme Court of the Russian Federation adopted Ruling No.21 “On issues the courts encounter when applying legislation regulating labor of a company manager and members of a collective executive body” (the “Ruling”) on June 2, 2015. Issues related to dismissal of a manager by the company are clarified.
In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.
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.
There is an unmistakable trend revealing itself in growing numbers of new cases: the “Instant Internet Lawyer.” This term refers to a growing corps of do-it-yourself amateur attorneys who believe that a few hours of web research, aided and abetted perhaps with discussions with total strangers on blogs, they are qualified to handle their own legal matters. Internet or no Internet, the old rule still applies: a person who handles his or her own legal matter has a fool for a client.
Verbal agreements are contracts even though they were not memorialized in a writing. Assuming that the contract is valid, the verbal agreement between two parties is binding. However, verbal contracts may have unique complications to them.
Whether you are just beginning to think about forming your own business, or you've been "in the game" for years, there are 5 legal missteps that anybody can make, and that are made all too often. Luckily, however, these common missteps are also fairly easy to avoid, with just a bit of knowledge and planning!
Legal process outsourcing is the process of obtaining legal support in different areas of practice from an outside law firm or legal support services company. The LPO system, according to a survey conducted by evalue survey is considered one of the fastest growing industries in the knowledge of process outsourcing (KPO).
By Jaburg Wilk
On April 30, 2015, Arizona’s most common construction industry practice for serving a Preliminary Twenty Day Notice (“Prelim”) on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.
By Jaburg Wilk
When clients come to me for legal advice, I assume they will consider my advice, if not follow it. However, for sake of argument, let’s say you are different and you want to know the best ways to negatively impact the attorney/client relationship.
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.
In certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.
Many clients come to attorneys when they have accidentally violated a court order. Whether due to an accident or misunderstanding, the consequences can be quite severe. So, what can be done when you have accidentally violated a court order?
Few people realize Legionnaires’ Disease can occur in nearly any location. The first reported outbreak of Legionnaires’ Disease outbreak was at a Legionnaires Convention at a hotel in Philadelphia in 1976. Since then, outbreaks have been traced in California and other states to building water systems, spas and pools, fountains, and ventilation and cooling systems in hospitals, nursing homes, apartment complexes, shopping centers, fitness centers, dental offices, and individual homes.
Over the last fifteen years Canadian tax law has undergone a remarkable evolution in the legal remedies available to assist in fixing tax mistakes. Over this period, tax rectification has developed from being virtually unknown, to being a potent addition to tax lawyers' arsenal of tools available to fix tax problems.
Correct execution of commercial contracts is an important step to ensure the terms of the contracts are legally binding on the parties. How will the courts decide whether or not a contract is binding where there is a dispute over how the contract terms have been accepted - other than with a signature in the contract itself? A recent ruling of the High Court in the UK provides useful guidance to commercial lawyers and their clients on the signing of legal documents.
When litigating a case, it is not uncommon to hear attorneys and judges discuss different remedies. Sometimes, this means different theories as to why the plaintiff should be compensated in cash for a dispute. But, other times this may actually refer to the kind of relief to which the plaintiff should be entitled. So, what are equitable, compensatory, and declaratory relief?
The case is over and you have received a judgment for your damages. Now what? How do you collect a money judgment if the defendant does not simply cut you a check?
If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.
On 29th of May 2014, the Republic of Kazakhstan (Kazakhstan), the Russian Federation (Russia) and the Republic of Belarus (Belarus) have signed the Treaty on the Eurasian Economic Union.
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.
Under Thai law, an arbitration award must be recognized and enforced by the judicial system.
By MMLC Group
This article looks at the New York Convention as applied in China, in particular in relation to when courts in China are able to refuse to enforce foreign arbitral awards, by reference to decided cases.
Waiting too long to protect your trademark can end badly. In China, with its first to file system, foreign brands have learned the hard way to be proactive in protecting their foreign language brand names. But some have been slow in protecting the Chinese language versions of those brand names. And have seen their brand recognition pulled out from under them.
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.
The right to place items on the agenda can be a powerful tool. In this way shareholders can apply pressure to the board, or, as the case may be, the company. Recently, a dispute about adding an item to the agenda of a meeting at Fugro by Boskalis was submitted to the court in preliminary relief proceedings.
When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful guidance on when ‘privileged’ documents could be used in the course of litigation.
What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.
The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where software was used without consent.
Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.
A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale – leading to a substantial damages award.
Lawyers can be very expensive. They are highly trained professionals with in-demand skills that make them able to charge increasingly high fees for their time, knowledge, and services. But, some attorneys are willing to offer at least a portion of their time to help the less fortunate. So, how do you get pro bono legal representation?
Frequently, the people who need an attorney the most are also the ones who can least afford to pay for one. Whether accused of a crime, injured in an accident, or facing the possibility of losing your children, there are many situations where the stakes are so high that you might desperately need an attorney even though you have no way to pay. So, how do you hire an attorney when you have no money?
Most businesses are looking to Incorporate a Company in Thailand but do not meet the initial requirements. Below is a list of items to consider before you proceed to set up a company in Thailand.
Getting in the courthouse door in China has always been problematic even for seemingly straight-forward cases. China’s Supreme People’s Court is trying to make the case filing process easier, more efficient and maybe even a little more transparent. Predictability, above all, is hopefully within reach.
The FDA has warned that women who use Zofran during pregnancy could be more likely to give birth to a child with heart defects or other birth defects. Families whose children were born with birth defects linked to Zofran have already filed lawsuits against the drug's manufacturer in two states.
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.
In a typical debtor/creditor case, a creditor must go to court and get a judgment against a debtor before it can take part in collection efforts on the debt, such as garnishment or property assignments. Parents who are not receiving the support that they are entitled to receive per an existing court order do not typically have to go through the process of getting a judgment to have wages automatically withheld from the other parent’s wages.
If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.
When a personal injury claim proceeds to the lawsuit stage, the arbitration is an essential part of the legal process. As your claim moves into this stage, you’re likely to hear the phrase arbitration statement. An arbitration statement is a compilation of evidence such as medical bills, injury information, and documentation of lost wages.
A foreign judgment or an arbitral award has no immediate effect in Cyprus. A procedure must be followed in order to enforce the foreign judgment. This can be made under E.U regulations, common law and statute depending on the country issuing the judgment and/or the arbitral award.
They are frequently in the news, passing out fliers about not paying taxes, and conducting meetings in local hotels and restaurants about not being beholden to the government. Often referred to as “sovereign citizens,” these groups believe that they have found loopholes that exclude them from following laws by which they do not wish to abide. But, are sovereign citizen groups right, or is their interpretation of the law off base?
One of the most common legal procedures that is also one of the most commonly misrepresented in the media is service of process. Many have heard the term or read about it as a procedure that must be followed in a lawsuit, but few really understand what it is or how to do it correctly. So, what is service of process?
Despite what some popular jokes insinuate to the contrary, lawyers are people, too. They understand that it’s common for potential clients to be nervous or anxious when meeting for the first time. Try to remember that attorneys are there to help you. Knowing what to expect can ease your mind.
A class action lawsuit was filed in California Superior Court on March 19, 2015 claiming that 28 wineries produced and sold wine containing dangerous levels of arsenic and failed to warn consumers about the potential risks.
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.
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.
When a person needs to hire an attorney, one of the first questions he or she asks is how much it will cost. Different attorneys charge different ways for their work. Here is an overview of some of the possibilities.
The findings of a study by the Consumer Financial Protection Bureau show a disturbing trend underway by corporate america – blanket credit service contracts with arbitration agreements to prevent the public's ability to sue.
With a variety of self-help forms and resources available to individuals today, it may be tempting to attempt to do legal work yourself and avoid the often expensive endeavor of having to hire a lawyer. However, many tasks are better suited for a professional.
A subpoena is a court-ordered mandate telling a person to show up in court or a deposition at a certain time or to provide a party of a case with certain information. Individuals who ignore a subpoena can find themselves in civil or criminal contempt of court. However, a person may not need to blindly comply with the subpoena.
For most of us, the word “poison” conjures up fairy tales and fantasies — Snow White’s poisoned apple, Captain Hook’s medicine in Peter Pan, the Wicked Witch’s poppy field in The Wizard of Oz. Or, for readers of a certain age, maybe “Every Rose Has Its Thorn” comes to mind.
When a creditor wants to ensure that it will quickly receive the funds that it is due, it may go after any funds or assets that it can get its hands on. In some situations, creditors may prefer to garnish a bank account rather than go after an employee’s wages. In many situations, the creditor may be able to access funds in a joint account.
Starting a new business in Ukraine appeals to foreigners, as it provides a real opportunity for significant profits from trade at the pharmaceutical market. This niche of the market shows permanently existent and growing demand for different medical drugs along with various supplements and accompanying personal care products.
If a creditor knows that a debtor is working, one effective method for the creditor to collect on this debt is to have the debtor’s wages garnished. However, there are several laws that apply that can affect the garnishment process.
While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.
If there is an order that was entered in your family law case and the other party is not following the order, you may decide to pursue a contempt hearing. This is one method that individuals use to help enforce their order.
After you received a court judgment, you probably thought that your case was over. However, there are several steps remaining in the process, including the collection of your judgment. Fortunately, you have a few avenues to get the money that is due to you.
The UN Convention on the Recognition and Enforcement of arbitral awards signed in New York on June 10, 1958, (« The New York Convention »), has been ratified in Democratic Republic of the Congo ("DRC") through Law No 13/023 dated 26 June 2013 authorizing the accession of DRC to the Convention in accordance with article 215 of the Constitution.
When an L-1 Visa is denied by USCIS, you may have the option of skipping an administrative appeal to the AAO, and file a petition for review with a Federal District Court under the Administrative Procedure Act.
Explaining current provision and practice of enforcement and Recognition of Foreign Arbitral Awards in Turkey. New York Convention and Turkish Private Law and Procedure Act (Called MÖHUK in Turkey International Private Law and Procedure Act) related to enforcement of foreign arbitral awards are the main provisions governing terms of subject concerned.
Every year, people flock to different locations for a change of scenery. Whether contracting with a vacation home agency, organization, national chain or individual homeowner, there may be a variety of remedies available if the home is not available upon arrival. However, the first step is usually to try to work it out before seeking legal remedies.
Motor vehicles have a legal obligation to share the road. If you are walking or jogging, drivers don’t have the right to hit you just because you were in their way. However, as a pedestrian, you are much more vulnerable to injuries in an accident than the person inside the vehicle is.
Before a class action lawsuit can proceed, the class must be certified. This process ensures that the plaintiffs have enough similarities to proceed with litigation against the named defendant as part of one larger case.
The FDA has warned that antibiotic drugs known as fluoroquinolones may increase the risk of serious nerve damage known as peripheral neuropathy. Nerve damage in the arms or legs resulting from peripheral neuropathy can occur just a few days after beginning treatment with FQ antibiotics such as Levaquin, Cipro, or Avelox, and may be permanent.
In addition to each of the defenses available in an original creditor lawsuit, debt buyer lawsuit defenses include standing, limited admissibility of documents, conditions precedent, and additional damages under the FDCPA.
A product may be defective due to errors in design and production or due to the manufacturer’s failure to provide adequate instructions and warnings.
Because of the value of even the simplest phrase, celebrities today are utilizing copyright and trademark law to protect their intellectual rights in instances rarely before noticed. It is Copyright and Trademark Law which requires their lawyers to send cease and desist letters to unsuspecting entrepreneurs. A balance needs to be restored so celebrities can proceed against large scale pirates even if they don’t aggressively seek to protect their intellectual property rights in every case.
By Planet Depos
Taking depositions in Germany can be easy with the proper planning and scheduling.
Service of a Small Claims Lawsuit is often a consumers first interaction with the civil court. Here is a quick explanation of what to expect at a Florida Small Claims Pretrial.
The legal profession has been changing over time, adopting new fields and challenges. Globalization, development of internet and technologies all led to the change in lives, change in the way businesses are conducted, in the way people spend their leisure time and, also, the way people commit crimes.
More business cases are going to arbitration than ever before. Therefore, courts have to confront more procedural and legal issues arising out of arbitration cases. Judges often have to remind litigants of the deference given to arbitrators, when the parties have agreed on arbitration as their dispute resolution method. In this presentation, Igor Ellyn reviews nine of the latest cases and explains how they affect the law and practice of arbitration in Ontario and Canada.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the important frequently asked questions on vessel arrest in Tunisia
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the applicable procedures to arrest a ship in Tunisia.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel.
Life settlement providers, brokers, and investors have filed lawsuits regarding these life insurance investments. For more information about filing a life settlement investment lawsuit, contact the lawyers at Heygood, Orr & Pearson by calling toll-free at 1-877-446-9001.
Not knowing how to report a defective product stops a lot of people from taking action. However, the Consumer Product Safety Commission makes it as easy as possible for those reporting defective products. Learn how to alert the CPSC about a product that injured you and in turn, let other consumers know of dangerous products.
Cyprus Courts Do Not Recognise Foreign Arbitration Awards when Neither Party Has its Domicile in Cyprus
The Supreme Court of Cyprus ruled on 17 February 2015, in STX OFFSHORE & SHIPPING CO. LTD v. STX (DALIAN) SHIPBUILDING CO.LTD, Civil Application No. 152/2014, that in order for a foreign arbitration award to be recognized and enforced in Cyprus either the applicant or the respondent must have its domicile in Cyprus.
While many individuals are aware of their right not to incriminate themselves, they may also be able to prevent another person from testifying against them. The law recognizes several privileges that prohibit certain individuals from testifying against a person.
Even though you do not have a legal education, a pro se plaintiff or defendant is still expected to comply with the same rules of evidence as seasoned lawyers. In federal cases, the federal rules of evidence must be followed. In state cases, state and local court rules must be followed to ensure that the judge receives relevant and reliable information.
Shedding light on the application of the UAE Personal Affairs (‘Sharia’) versus foreign laws. The case of a Hindu divorce granted by the Sharia Court in the UAE to the wife with full custody of the kids as well as alimony.
No doubt that the technological evolution and its wide range usage in various fields became a part of our daily lives, accompanied by this evolution,it’s usage between people in civil and commercial transactions grew significantly.,
A salutary lesson has emerged from the English Commercial Court - that contractual parties involved in a dispute must discuss the issues before arbitration.