Litigation Law Articles

Back and neck injuries are common results of trauma, but proving them in a personal injury case can be challenging.

A guide on litigating a patent dispute in Israel.

Advantages of Alternative Methods of Settling Disputes - Ability to quickly design conflict arbitration agreements or by inserting arbitration clause in commercial contracts between parties either separately or compromise before the arbitration court.

The Draft Version of the Turkish Commercial Code includes seventy articles for the determination of mergers, spin-offs and conversions and such articles involve full protection of the shareholders, partners and other relevant parties. Merger and Spin-off types are acknowledged.

Delhi High Court rejects IA seeking amendment in claims as allowed in another suit without amending the present suit. The Court also relied on certified copy of Patent Office wherein the amendment sought in claim did not reflect. Court observed that it is well settled that a case is decided on the facts involved therein as are emerging from the pleadings duly proved by the evidence adduced in support thereof.

An advertisement by itself in a Trade Mark Journal would not confer jurisdiction on a Court within whose territorial limit the advertisement is published or is seen. In the opinion of this Court, if an application for registration of the impugned trade mark is made in the territorial jurisdiction of a Court that Court would have jurisdiction to try the suit relating to the particular trade mark.

Corporate law attorneys are required in a number of aspects of a business and business affairs. Legal orders may sometimes require you to necessarily incorporate a new company to make sure that the correct paperwork is filed with adequate governmental requirements.

In many personal injury cases, an injured person like you may be scared to go to trial. But there are alternative dispute resolutions, and your attorney can help guide you to the best one for your case.

The 2009 Civil Justice Reforms introduced a requirement that pleadings, witness statements, expert reports and other documents be verified by a statement of truth so as to ensure that documents put before the court accurately reflect the true case of a party. A statement of truth is a statement that the party putting forward the document believes that the facts stated in the document are true.

One of the major considerations in establishing the anti-monopoly civil litigation regime in China is to determine who has the standing to initiate anti-monopoly proceedings.

With the present State of Emergency existing in Trinidad and Tobago coupled with the hundreds of citizens being wrongfully arrested under the Anti-Gang Act, we examine the civil remedies available to these citizens.

Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq.) - A recent decision by the Third Circuit Court of Appeals details circumstances under which health care providers may be held liable under the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., for alleged fraud committed under Part C of the U.S. Medicare program. By Cliff Holmes, Esq. Attorney for Dunlap, Grubb & Weaver PLLC (Washington, DC)

If you want to know if a mistake in a contract can be strong enough to cancel it according to Ethiopian law you might want to read this.

Brief note on Ethiopian Trade Practice and Consumer Protection Laws

Brief note on the Rights and Obligations of Employees and Employers as Per the Labor Law of Ethiopia

Certain contact lenses were recently recalled due to the potential for eye injuries, including painful corneal lacerations. The Law Firm is now investigating lawsuits on behalf of those injured.

Your company just received a Notice of Charge of Discrimination from the Equal Employment Opportunity Commission (“EEOC”) or Texas Workforce Commission Civil Rights Division (“TWC”). The next round of communications will be very important, especially if the employee decides to file suit after the investigation.

The new Patients’ Right to Know Act, which became law earlier this year, restored consumers’ right to access this information. The Illinois Department of Financial and Professional Regulation (IDFPR) recently launched a website which contains profiles of physicians currently licensed in Illinois.

Cyprus fully recognizes the possibility that minority shareholders in a Company may become oppressed or unfairly prejudiced against on behalf of the controlling or majority shareholders and/or the board of the Company. There are various situations in which either the Company or minority shareholders’ interests are harmed by the majority shareholders under Cyprus law and the available remedies in such cases.

Canada is the foremost foreign destination for expanding franchises and a preferred entry point for cross border franchisers, especially for those seeking to enter the North American market. With high per capita personal incomes, a stable and reliable economy, and a sophisticated consumer culture, many franchisers find Canada to be an opportunistic and rewarding market. However the Business Franchise Law in Canada is too stringent and hence seeks attention.

Employers should beware that sending employees to California, even for a short period, may subject them to the state's labor laws.

The manufacturer of Actos is seeking approval for a new drug that combines Actos with another diabetes medication. The manufacturer is still facing lawsuits alleging that Actos caused bladder cancer.

Personal Injury cases are affected by a bankruptcy filing. Timing, the value of the injury claim and whether a lawsuit is filed are all factors.

Read as Kirk Wilhite, Process Server and Owner of Accuserve, depicts the legalities behind process service and how just one mistake can make for a disaster in the courtroom.

In April 2008, plaintiff Joao Gafanhao, 45, was driving northbound on Kennedy Blvd when he entered the intersection at 10th St and the front of his 1994 Ford Mustang stuck the front right panel of a 2004 Mercedes driven by Thomas Tota, who had been driving southbound on Kennedy Blvd and was attempting to turn left onto 10th St.

The Ninth Circuit Rules that 523(a)(19) of the Bankruptcy Code does not apply to innocent wrongdoers who are the recipients of ill-gotten gains through securities fraud.

Recent decision represents the continuing trend in state and federal courts to uphold arbitration clauses and read them broadly.

With all the fall and winter sport seasons now upon us, everyone who enjoys skiing and snowboarding ought to check their gear to make sure they’re not employing anything that is been recalled during the last few years.

Diabetics have had ongoing issues with different drugs to treat their condition. Most recently, the drug Actos has been linked to bladder cancer and lawsuits are now being filed.

In today’s world, the reality is that cell phones function in many ways beyond devices to talk to one another. We send e-mails, texts, leave voicemails, post messages to Facebook, watch videos, sent videos, etc. The cell phone, in other words, is being used in many ways beyond the traditional phone. It is a mini-computer of our private lives, with call histories, contact lists and photographs.

In the Santa Ana courtroom of Judge David Thompson, Defendant John Moses was convicted of committing a lewd act on a child under fourteen years of age (Penal Code § 288(a). The jury found that Defendant, 24 years old, had engaged in substantial sexual conduct with 13 year old C.C., who he met via a website called VampireFreaks.

When a person feels that they have been wrongfully adjudicated against they have the right to seek an appeal.

Over the years, flying has become an increasingly safe mode of travel, with the annual number of fatalities suffered in accidents steadily declining. However, midair collisions, especially involving smaller aircraft, still pose a significant safety threat, with an average of 30 crashes resulting in a total of 75 deaths recorded each year since 1978. An accident that recently occurred in California illustrates the problem, explains a lawyer in the state.

Conversations and other conveyances of information between a client and his or her lawyer are considered privileged in that they are protected from disclosure during the discovery process. This protection is referred to as “attorney-client privilege.” Unfortunately, the client may inadvertently waive this privilege in certain situations. Moreover, communications via electronic devices and mediums may also compromise the attorney-client privilege, as a case in California recently illustrated.

One of the advantages of arbitration proceedings over domestic court proceedings is the opportunity for the parties to select the person(s) that will decide on the issue in question, the arbitrator(s). In arbitration proceedings the parties are enabled to nominate arbitrators that have a certain specialized and up-to-date know-how that might be required to understand the technical background of the issues in question.

Arbitration proceedings offer various important advantages to the normal local court proceedings in Thailand.

In Thailand, Section 11 of the Arbitration Act (2002)(the "Act") specifically requires that the parties, must enter into a written "Arbitration Agreement" that is signed by both parties. Furthermore, the Arbitration Agreement must state that the parties want arbitration proceedings govern all disputes arising out of a specified legal relationship, like a contract.

If you are doing business in Thailand you might have already had some experience with the local court system. An all too common complaint of the local business community is that court proceedings in Thailand are agonizingly slow.

The Fifth Circuit recognizes four “private factors” and four “public factors” to be considered when deciding a motion to transfer venue under § 1404(a). Should a fifth consideration be added to the list of public factors?

The diabetes drug Actos has been linked to bladder cancer. Actos acts as a foreign agent that can lead to mutated cells and cause cancerous tumors.

The present article in a Q&A format seeks to provide employers and companies with a general overview of common Labor & Employment issues to be aware of and to consider when about to hire employees or upon already having a workforce in Guatemala.

A dictionary defines pain as the sensations one feels when hurt, mentally or physically, suffering the bearing or undergoing of pain, distress or injury. Some jurors see pain and suffering as a person's attempt to get money for nothing or a shot at winning the lottery. The burden falls on the plaintiff's attorney to convince the jury that although pain is subjective, it is very real for the person who is in pain.

The Texas legislature in 2007 amended the laws that deal with medical malpractice cases. Texas Civil Practice and Remedies Code Sec. 74.151, entitled Liability For Emergency Care, now states that a person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent.

Lawsuit filed over allegations of child abuse and molestation by an employee of Ameriken Caring Services, Inc., which was contracted by the Peabody School Department, to transport children participating in school's summer program.

How to register trademarks in Jordan.

The diabetes drug Actos has been linked to bladder cancer. These are frequently asked questions regarding the actos-bladder cancer link.

In an Oregon accident case, there are four common ways to conclude a personal injury lawsuit: negotiation, mediation, arbitration, and trial. This article discusses all four and offers basic descriptions of each.

There is this thing called spoliation of evidence and if you get caught doing it, well, just take out your wallet and start spilling the Benjamins.

This term may be foreign to anyone facing a difficult custody battle, but it is important to know the role a guardian plays in our Court system.

In an action brought before the Court of First Instance of High Court of Hong Kong Special Administrative Region (“Hong Kong”) for enforcing a CIETAC arbitral award earlier this year, Justice John Saunders rejected a claim that three official letters issued by the Secretariat of CIETAC constituted a supplementary/additional arbitral award.

A judgment creditor cannot dismantle your multi-member LLC or show up one morning claiming to now own it.

A new federal law aggregates “class actions” to our Mexican legal system. Said law will come into force on March 1st 2012.

The diabetes drug Actos has recently been linked to Bladder Cancer. Some in the Native American community were prescribed Actos, as they have a higher risk of developing diabetes.

Actos is a prescription diabetes drug but it has recently been linked to bladder cancer.

This article aims to highlight the most essential legal requirements of Ukrainian legislation to foreign economic contracts which should help foreign companies to identify certain principal points subject to negotiations between the parties.

Business litigation is a way to solve business disputes that are not solvable by way of negotiations or arbitrary proceedings. Business litigation is useful for both whether it is a private individual or a business entity that is involved in a legal issue with another business entity. Any infringement on patent rights, trademarks or copyrights can also be grounds for business litigation.

This article provides information to law firms and their clients to help them strategize on how best to get their foreign commercial arbitration awards enforced in Ghana.

The recent Hong Kong case of Wang Zhidun v Tsoi Ming Pui [2011] 3 HKC 314 highlights the importance of ascertaining due execution of documents by contracting parties especially those from mainland China to ensure validity, binding effect and enforceability of the documents.

Insurance companies have recently increased the amount of reserves they are storing for asbestos claims. This is because there has been an increased frequency of asbestos cases this year and there are more to come in the future.

Texas Rule of Civil Procedure 42 specifically authorizes Texas citizens to bring class action lawsuits. A case cannot be pursued as a class action, however, until a Texas trial court determines and certifies that the requirements of Rule 42 have been met.

In today’s current economic climate with many homeowners losing their home to foreclosure, short sale or simply “walking away” they are finding that they are burdened by their timeshare vacation rental with their ever increasing assessments.

Federal, State, and local public agencies have a powerful club to beat back or recover for fraudulent or exaggerated contractor and subcontractor claims against them, in the form of State and Federal False Claims laws.

Increasingly, businesses are including alternative dispute resolution (ADR) clauses in standard business-to-business and consumer contracts, and even businesses without ADR clauses opt for ADR procedures to resolve disputes while keeping court and legal costs to a minimum.

Technological advances have had a tremendous impact on our lives, altering the way we navigate the world—whether online or on the road. The increasing computerization of cars has made investigating defects contributing to accidents more challenging, as illustrated by a class-action lawsuit attorneys are pursuing against Toyota in Orange County.

The Consumer Product Safety Commission has received over 3,500 complaints from individuals in 38 states relating to defective drywall. Though a majority of these complaints come from Florida, Louisiana, Mississippi and Alabama, the problem has the potential to affect consumers nationwide.

Neighborly interactions can be less than neighborly at times.

The time and requirements to take legal action against municipalities may vary considerably depending on the exact case.

Digging even a few inches in the wrong spot may impact your health and wallet.

How not complying with your policy's provision could result in the dismissal of your case...

An innocent "tweet" could cost you big money.

There are various methods for debts recovery of legal, economic and non-legal (psychological and physical impact) natures. This article covers legal methods connected with financial sanctions against the debtor, which may be applied in Belarus.

The Anti-Monopoly Law (“AML”) opens a new landscape for merger and acquisition practice in China. Regardless where a merger takes place, if the transaction satisfies the prescribed conditions, it must be filed with China's Ministry of Commerce (“MOFCOM”), the agency charged with enforcing the merger control laws in China, for business concentration review.

The California and Federal Laws on False Claims on Government Contracts and Public Works Contracts create the risk of Liability for Treble damages, Civil Penalties and disbarment in WhistleBlower Qui Tam Lawsuits for all government contractors which could effectively wipe out any possible profits on public contracts.

Virginia child custody issues aren’t always easy to resolve. Some divorcing couples find that litigation alternatives like collaborative divorce or mediation can help.

Today’s propensity of various Hollywood films to depict courtroom drama is like a contagious disease in the mental disposition of many Americans. Not only that, but it also gives a certain level of a romanticized view of how courtroom cases are tried, hence a woefully wrong viewpoint of things being imbibed to the typical American citizen, especially in a simple matter of cases such as personal injury, employment, or even social security.

The Law of Republic of Belarus of January 10, 2011 No. 241-З “On Introduction of Amendments and Supplements to Certain Codes on the Issues of Improvement of Economic legal proceedings” came into effect on January 31, 2011 (hereinafter referred to as “The Law"). The Law amended The Civil Code, the Code of Economic Procedure and the Tax Code of the Republic of Belarus.

A lot of contract disputes could be prevented with a little bit of planning during the contract formation stages. Many individuals and small companies incorrectly assume that it was their lack of expertise that led to a problematic contract.

Unless you are living in a cave, you know by now that the near collapse of the residential real estate market in 2008 -and the continuing fallout- has led to a dramatic increase in the number of residential mortgage defaults and attempted workouts.

Methods of debt collection in turkey, status of foreign legal or personal entities regarding debt collection in Turkish law.

A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.

As recently as 2005, the question, if addressed towards the Ethiopian legal system, would have been real silly. Ethiopia, for one reason or another, adopted the continental legal system in its historic codification project in the 1950’s and 1960’s and hence codes (statutes or whatever name comes to your mind) issued by the legislature (and not by the courts) are sources of laws.

Do you know about period of limitation? Period of limitation means when one person who can be a plaintiff or a defendant has a time limit for raising or presenting a question.

A brief note on Courts in Ethiopia and their structure.

A brief note on the period of limitation in Civil cases according to Ethiopian law.

Construction Contracts on private construction projects - including AIA A-201 General Conditions, and other form construction contracts - quite commonly include a clause or provision requiring “binding arbitration” of disputes between the Property Owner and the Prime or General Contractor.

The California False Claims Act, like the Federal False Claims Act, allows governmental entities - or private whistle-blowers or “Qui Tam” plaintiffs - to bring an action to recover treble damages and civil penalties against persons contracting with State and local government agencies who have defrauded or cheated the government out of “money, property or services”...

Fuel system integrity is something that we have heard about for years and has also led to some very high profile jury verdicts from car fires. The basic concept of fuel system integrity is that in a crash at speeds that should not otherwise lead to a fatality, a victim should not perish by fire.

Car accidents are the leading cause of death for Americans aged 5-34 years old and every year, around 40,000 die and 270,000 persons are hospitalized because of motor vehicle accident injuries.

Time Deadlines, Procedures and Traps for Contractors and Subcontractors on Mechanics Liens under California Laws

Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws.

This article looks out a number of issues associated with the enforcement of foreign decisions of courts and arbitrators, in China.

Under the the common law and Ontario statute and regulations the attorney for property has a absolute strict duty keep accounts of all transactions involving the property of the grantor of the Power of attorney. Justice Strathy, in his judgment, addresses what happens when the attorney fails to keep proper accounts. In this case, the Attorney lost all rights to compensation, he had to return money wrongfully taken from the grantor and ended up personally paying the legals fees on the other side.

The International Commercial Arbitration Court at the RF Chamber of Commerce and Industry is the leading arbitration court in Russia and in East European countries which deals with resolving disputes of international character; it is the successor of the Foreign Trade Arbitration Commission (FTAC), created legislatively in 1932.

A deposition is a question and answer session under oath which is transcribed by a court reporter.

The International Commercial Arbitration Court at the RF Chamber of Commerce and Industry is the leading arbitration court in Russia and in East European countries which deals with resolving disputes of international character; it is the successor of the Foreign Trade Arbitration Commission (FTAC), created legislatively in 1932.

The International Commercial Arbitration Court at the RF Chamber of Commerce and Industry is the leading arbitration court in Russia and in East European countries which deals with resolving disputes of international character; it is the successor of the Foreign Trade Arbitration Commission (FTAC), created legislatively in 1932.

Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.

The International Commercial Arbitration Court at the RF Chamber of Commerce and Industry is the leading arbitration court in Russia and in East European countries which deals with resolving disputes of international character; it is the successor of the Foreign Trade Arbitration Commission (FTAC), created legislatively in 1932.

From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.

When a commercial agency contract is terminated the commercial agent under French Law can claim indemnities unless he has committed serious negligence. The French commercial code provides that the commercial agent is obliged to notify his intention of claiming indemnities within a year from the termination of his agency contract. The Cour de cassation, French civil Supreme Court, in a recent decision has had the opportunity to detail when this delay really started.