Litigation Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Litigation.
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.
By Loeb Smith
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.
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.