Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
Few things are more important to a business, small or large, than its contracts. Business law, to a large extent, IS contract law. But in business litigation, when parties are often fighting over failed contracts, contract law has a handmaiden, and her name is “Fraud”. Experienced business litigation lawyers know that, when suing for compensation for breach of contract, the addition of fraud claims can make their client’s case much stronger. The following fact scenario will help illustrate:
There are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
While it’s true that litigation can be an extremely expensive means of dispute resolution, and that prompt, voluntary settlements are almost always preferable to extended litigation, it is also true, paradoxically, that filing a lawsuit can be the best way to settle a dispute promptly and effectively. This is so for two reasons.
It is never a happy circumstance when a business gets involved in a lawsuit. As most business owners know, even when they have a strong case, litigation will likely be expensive, time-consuming, stressful and uncertain. But it is important to understand that by creating and preserving evidence for your business litigation attorney, you can greatly improve your chances of success and reduce your litigation costs.
Owners of VW, Audi, Porsche "TDI Clean Diesel" Models May Qualify to File a Lawsuit over Emissions Fraud
Volkswagen admitted it fraudulently misled consumers about the emissions of its "TDI Clean Diesel" models through a defeat device that made the cars appear to emit lower levels of greenhouse gases than they actually did. Volkswagen recalled 11 million Volkswagen and Audi models in connection with the Dieselgate emissions cheating scandal. Hundreds of VW, Audi, and Porsche diesel owners have filed lawsuits against the German automaker over the company's lies and the lost value of their vehicles.
What is the correct approach to calculating damages where a breach of contract claim is accompanied by a claim for negligence?
It is common for a contractor in one state to participate on a project in another state. Unfortunately, each state has its own rules and regulations for letting out-of-state contractors work within its borders. For those contractors and subcontractors who are bidding on or working on Georgia projects, there are registration requirements with the Georgia Department of Revenue. This article provides useful information to construction professionals seeking working in Georgia.
Each year, U.S. police departments receive as many as 80,000 reports of sexual abuse against children. However, the American Academy of Child & Adolescent Psychiatry reports that this number is an underestimate. Many children who are abused are afraid to tell anyone what has happened.
What is a derivative action? A derivative action is one commenced by one or more minority shareholders on behalf of a company of which they are member in respect of loss or damage which that company has suffered. Such a claim can only be brought in certain circumstances and amounts to an exception to the rule that a company, as a separate legal person, should sue and be sued in its own name (often referred to as the rule in Foss v Harbottle (1843), 2 Hare 461; 67 E.R 189).
Issues related to the protection of the rights of brand-name drug patent holders in connection with generic drugs registration by other manufacturers.
A contingency is a designated amount of money that a client agrees to pay a lawyer conditioned – or contingent on – the lawyer providing a favorable outcome of the case. If the lawyer wins a lawsuit or is provided with a settlement, the lawyer receives the agreed upon fee from this award. Special rules may apply when a contingency fee agreement can be entered into and what it involves.
Manipulated emissions test data, irregularities in CO2 emissions: The VW scandal raises a number of questions. In particular, questions regarding accountability and management liability (D&O liability).
Businesses with commercial contracts imposing pre-determined financial or other penalties in the event of a breach may find they are unenforceable, following landmark rulings in two similar cases.
When someone takes possession of an animal, that person can become legally liable for torts caused by the animal. And while most pet owners treat their cats or dogs like their children, in the eyes of the law, they are only property.
Volkswagen owners who have been victims of the diesel engine scandal are giving the option of a Customer Goodwill Package that is questionable.
In the past, contractual dispute resolution provisions were commonly known as ‘midnight’ clauses because commercial lawyers only come to discuss them in the closing stages of contract negotiations. Nowadays, taking into account the complications which may arise from badly drafted arbitration clause, they are better referred to as the 8 o’clock in the morning clauses.
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.
The nature of the relationship between a California general contractor and a subcontractor is legally quite complex. The general contractor awards a sub-contract based upon a bid, or extensive experience with a particular subcontractor. It is not unusual for work to begin on a jobsite under a subcontract prior to any physical agreement being drafted or signed.
Does an imbalance of bargaining power between two commercial parties effect the potential enforceability of the contract? Yes, the Court of Appeal in the UK has said, with major implications for commercial organisations in The Bahamas.
Ukrainian legislation does not establish a clear field of application and the use of electronic documents and e-mails in the business and common activities. Even professional lawyers do not have a clear answer for this question, because of that judges in court consider use of electronic communications (e-mail) as evidence arbitrarily. What do Laws of Ukraine say about electronic documents and e-mails?
Given the most recent very public admission by Charlie Sheen, it might be helpful to explain the legal ramifications. HIV is an STD (a Sexually Transmitted Disease). Herpes, Gonorrhea, HPV (Human Papilloma Virus), Syphilis, and Hepatitis are also all STDs. In California, and in many other states, it is a crime to willfully infect another person with an STD.
Indemnity clauses are commonly incorporated in commercial contracts, and the courts’ approach in interpreting them provides useful clarity for businesses and lawyers. The commercial lawyers at top Bahamas law firm ParrisWhittaker are highly experienced in advising business organisations on commercial contract issues including how terms are to be interpreted.
Taiwanese Ministry of Labor published model rules for Labor Relationship on October 5th, 2015. When an employer would like to protect the business interests and an employee would like to know his/her rights after an employment contract is terminated, this article explains the new model rules which both the employers and the employees should pay attention to.
The duty of good faith in commercial contracts is limited and must accord with business common sense, the courts have ruled.
The rights of shareholders are not limited to rights in a shareholders agreement. Shareholders also have statutory rights including rights as a consequence of suffering unfair prejudice. In such instances a shareholder can bring a litigation petition.
It is important to consider settling a Litigation claim at any stage in the proceedings. Litigation claims can be settled using a Settlement Agreement and you need to determine what terms should be included in the agreement.
Witnesses including parties to the case provide testimony to the court that the judge and jury consider. When witnesses testify to the court, they do so under oath. They also do so under the risk of facing criminal charges if they lie to the court. There are steps that another person can take whether a party or an observer to inform the court of lies.
When an individual dies due to the negligence or wrongful act of another person or a group of people, certain family members of the deceased can recover damages in Pennsylvania courts.
The process of determining liability following a truck accident can be much more complicated than in other accident cases.
Proving your case when it comes to negligence in a defective product can be a tough task.
On 3 June 2015, the development of the tort of harassment in Hong Kong took another turn when the High Court in Lin Man Yuan v Kin Ming Holdings International Ltd and Anor recognized that there is such an action for harassment in Hong Kong.
In the UK prior to issuing a Litigation claim you should follow the relevant Pre-action Protocol. If you issue Litigation proceedings without following the Protocol then your Claim may be suspended pending compliance and/ or there could be an adverse Costs Order.
Volkswagen and Audi ‘Clean Diesel’ Owners See Decline in Vehicle Value Following VW Emissions Recall Scandal
Used sale prices for Volkswagen and Audi "TDI Clean Diesel" models have fallen sharply in the wake of VW's admission that it lied to consumers about the performance and emissions levels of these vehicles. Volkswagen announced that it would recall about 11 million VW and Audi diesel vehicles following the disclosure that the German automaker had installed a "defeat device" on these models in order to hide their high pollution levels.
Providing community association management services to community associations is highly competitive.
In today’s technological world, it is much easier for a client or customer to leave negative feedback about a business after having a bad experience with them. While a lawsuit may be filed by the business to retaliate, the legal grounds for such a claim may not be met depending on the circumstances of the case.
The injuries that a person suffers in a personal injury case are personal by nature. Two individuals who are involved in the same accident and even in the same vehicle may suffer extremely different injuries. Each individual may suffer injuries of a different nature and heal at a different rate. Having a doctor be able to testify about the victim’s injuries and having solid records can help make a personal injury case while not having these aspects of the case can break it.
Volkswagen To Recall 500K VW, Audi Cars in U.S. Over 'Dieselgate' Emissions Scandal After Allegations of Fraud
Volkswagen will recall 11 million VW and Audi "TDI Clean Diesel" vehicles worldwide - including 500,000 in the U.S. - after admitting that it had equipped these vehicles with a "defeat device" that was designed to conceal their high pollution levels. Volkswagen is facing thousands of lawsuits from diesel-powered vehicles owners whose cars have been implicated in the recall.
Many people have experienced this situation: in a hotly contested legal dispute, a witness lies on the stand to help out the other side. As a litigant, this can be one of the most frustrating experiences imaginable, and can literally destroy an otherwise solid case. So, is there any legal recourse against the witness that commits the perjury?
Do you want to decide all dispute resolutions with your opponent without the court hearing? Do you want to find a solution and work with this Company in future?
Sometimes, a situation may arise that calls for parents to modify a custody agreement. However, making modifications to your child custody agreement is not an easy task. If you are the parent seeking the change, you will have to provide the court with substantial proof to support your request. A child custody order is attested by the court, and therefore, isn't easy to change. In some circumstances, the court will consider a petition to modify the custody order.
There are so many contracts entered into everyday by overseas businessmen with China partners. If the contract does not choose jurisdiction and applied laws, China court and related laws are implied. However it is too costly for overseas businessmen to bring lawsuit in China, especially for small amount cases. So it is necessary to get some knowledge on these aspects for overseas businessmen.
As the Volkswagen Emissions Scandal continues, owners of the diesel engine vehicle can take action by filing a class action lawsuit.
Many people have heard the term “industry standard” bandied about during legal discussions, whether in contract negotiations or during lawsuits, but most may not know what this really means. Indeed, many practitioners may be unclear on the meaning and use of “industry standards,” as well.
Employing some 2,000 drivers and packers on the supply end and 1,250 for the company, the supermarket chain was deemed the largest one in Cyprus, once considered too big to fail. Orphanides Public Company Ltd has now been declared insolvent.
British-American trade is worth $214 billion, and is continuing to grow despite challenging economic conditions. Often disputes arise, and as a result very often judgments are issued in US courts where the paying party is a UK based company. Hallmark Solicitors examines here the process and enforceability of US judgements in the UK.
On the 2nd of October 2015 Volkswagen has been discovered from the Environmental Protection Agency (EPA) that many of its diesel cars sold in the USA were fitted with a device that could detect when they were tested, changing their performance accordingly to improve results. The so-called “defeat device” was showing that the cars emit less and hiding the fact that the engines were emitting up to 40 times the of nitrogen oxides (NOx) than standards allow.
Partnership disputes distract business owners from the central focus of their company: profitable operations.
There are four primary steps an attorney or law firm should consider when approaching the resolution of a legal dispute in California.
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
A Satisfaction of Judgment or Release and Satisfaction is a legal document that shows that the plaintiff has been paid all that he or she is owed, based upon the original judgment against the defendant. This legal document is important because it is not revocable; once it is signed and filed with the court, it cannot be changed. Judgment debtors are usually in a hurry to get this type of release so that the civil action stops adversely affecting their credit.
Anyone who owns a diesel-powered, four-cylinder Volkswagen may be contemplating legal action against the carmaker after revelations that the company cheated emissions testing. This has left car buyers stuck with a car they apparently enjoyed driving enough to purchase, but that probably has rapidly declining resale values and is doing much more damage to the environment than they originally believed.
We all know that nobody works for free, and that is especially true of attorneys. Lawsuits can be expensive, but sometimes they are the only way to resolve a dispute. So, when is it worth fighting and when will it cost you more to sue than you would get if you were to win?
Today it is not a secret that the "raider / unlawful seizures" have become the norm and rather the rule of doing business than the exception to the rule, and both domestic enterprises and large foreign investors are suffering from unlawful seizures. What can be attributed to the notion of "raider seizure". Raider seizure - unlawful seizure of real estate, corporate law, intellectual property by other economic entities, physical entities and public authorities.
The Foreign Judgments Reciprocal Enforcement Law (1996 Revision) (the “Law”) allows a judgment creditor to apply for the judgment to be registered in the Grand Court and thereafter is deemed to have the same force and effect as Judgment of the Grand Court. However, at present the Law extends only to the enforcement of Australian Judgments. As a consequence of the limitation of this statutory remedy, most foreign judgments are enforced at common law.
The Internet has allowed people from across the globe to connect, but it has also provided a way for people to surround themselves in mystery by making anonymous posts. However, abusive posters and people who attack the characters of others can be discovered and even sued for comments that they make online.
Losing a lawsuit stinks. Getting slapped with a court judgment will leave you filled with dread and wondering what you can do next. This is especially true if you lack the resources to immediately pay the judgment. So, what can you do after you have been hit with an adverse court ruling?
Diabetes Drug Actos Linked to Bladder, Prostate, and Pancreatic Cancer Risk; Thousands File Lawsuits
The diabetes drug Actos has been linked to an increased risk of bladder cancer. Takeda Pharmaceuticals, the manufacturer of the drug, has agreed to pay a $2.4 billion settlement to resolve lawsuits alleging that the company hid its knowledge about the link between Actos and bladder cancer from patients. Recent studies have also suggested that Actos may be linked to an increased risk of prostate cancer and pancreatic cancer.
Some auto dealerships have developed a bad reputation for committing fraudulent acts or attempting to trick their customers into making purchases that include hidden provisions. Auto dealerships must comply with a number of state and federal laws pertaining to entering into sales contracts with buyers.
Security for costs is the payment of money or other security into court by a plaintiff or plaintiff by counterclaim to cover future costs orders made in favour of a successful defendant.
Through a simple arithmetic error or forgetting to jot down a check that you sent, you may wind up being criminally prosecuted and paying hefty fines. A bad check is one in which there are insufficient funds in order to cover the amount of the check. It can also be because the check is written on an account that no longer exists.
Large-scale security breaches receive massive media attention. Whether a person can be criminally or civilly liable for another’s actions while using their equipment or connection depends on the particular circumstances involved in the case.
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.
Many people may be hesitant to involve law enforcement in their daily lives. However, there are certain times when the police should be called to help protect citizens and their rights.
Question: What can I do if someone kicked in my door, stole my property, took over and the sheriff did not help me?
For both local Romanian investors and also foreign investors interested in obtaining public contracts in Romania it is very important to be familiar with the local public procurement legislation, out of which the most delicate part is the one pertaining to the public procurement disputes.
By Karbal & Co.
It is a known fact that the Libyan people are still struggling to establish a strong central government in order to fulfill the hopes and aspirations that inspired the revolution of February 17, 2011.
Question: I took my car in for service and when it was returned, my transmission was no longer working properly. The mechanic said that he didn’t do anything to it, but the vehicle was working perfectly when I left it at his place of business. I am not sure what type of lawyer I need or what I can do about the situation.
It is difficult to find a trustworthy mechanic. If you have taken your vehicle into the mechanic’s shop and he or she has done more damage than repair work on the vehicle, you may have a legal cause of action. However, a lawyer familiar with property damage cases may be able to advise whether it is worth the time and expense of litigation or if an alternative would better serve your interests.
Prosecutors are responsible for bringing charges against people who have stolen property. Conversion is the civil equivalent of criminal theft charges. Individuals who want to sue to reclaim the value of their property may sue in small claims court or by hiring a civil attorney to handle the case for them.
Fluoroquinolone antibiotics that are frequently prescribed for sinus infections or urinary tract infections can cause permanent nerve damage (peripheral neuropathy). The FDA has now acknowledged this and is reviewing warning labels now. Learn about the dangers of the dangerous, common drugs.
The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.
Segways are two-wheeled power-operated transportation devices that involve the user standing on top of the device and balancing in order to get from one place to another. While many states permit Segways on sidewalks, a rider may be held civilly liable if he or she crashes into a pedestrian or other person.
Segways are two-wheeled vehicles that are powered by electricity. The rider of a Segway must balance on the device and can ride up to approximately 12.5 miles per hour. Because the vehicle possesses characteristics similar to motor vehicles, bikes and pedestrians, it can be difficult for people to know the rights and responsibilities that riders of the device have.
Segways are powered conveyances that provide upright transportation for speeds up to 15 miles per hour. They are sometimes used as an alternative form of transportation of walking or cycling. Segways are regulated on the state and local levels.
If you have received a bad check, you may be able to pursue compensation or restitution through civil or criminal proceedings. However, state laws typically govern bad check disputes and certain elements may need to be met in order to recover the value of the bad check.
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.
Strategy matters the most in litigation.
Since Facebook’s launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the basis for a lawsuit.
For generations, bullying has been a problem on the playground and in the classroom. However, with more children having access to electronic devices, a new form of bullying has formed: cyberbullying. This form of bullying can sometimes rise to the level of a criminal offense or a tort in which the parents of a bullied child may be able to recover on a monetary level for the suffering their child has endured.
By Karbal & Co.
Federal Law no. 10 of 2008 on Medical Liability regulates medical liability in the United Arab Emirates. Article 15 of the Federal Law no. 10 of 2008 establishes the High Committee on Medical Liability (the “Committee”) and it is made up of consultant physicians selected by the Cabinet.
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.
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.”
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.
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.