Questions tagged [litigation]
The litigation tag has no usage guidance.
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3answers
86 views
How do I tell if a settlement offer is good enough?
Is there a formula to tell if an out-of-court settlement offer should be accepted for a civil claim, instead of taking the claim to a trial?
(In economics there is something called an expected value ...
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1answer
26 views
How to find commercial litigation in state of California?
In the state of California, how could one find out if a commercial company had ever sued another company? How could one get the records of that litigation?
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3answers
86 views
Can a party argue they did not know a contract was changed before signing it?
This is a follow up to the question Can I cross out parts of a contract before signing it?
If a contract is given to someone and they modify it before signing, and the other party doesn't notice the ...
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1answer
26 views
Confidentiality of an arbitration award [closed]
Namely, I come from a continental law system, that has not yet fully accepted arbitration as a method of the ADR, so I could not find any valuable information.
Could you help me and point out to ...
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0answers
22 views
Small Claims Court vs Civil Resolution Tribunal
My landlord is not giving my damage deposit back. Since I shared some of the living space with them, this falls out of the jurisdiction with the Resedential Tenancy Branch.
My question is, which ...
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1answer
75 views
How can I, as a defendant, convince a court that an attorney is lying to deny post conviction relief?
Defendant, a non-ctizen, pleads guilty to felony. The non-citizen gets a good deal,(probation no jail time) but his attorney does not tell him that he is going to get deported for it. (The state ...
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0answers
101 views
Can a paratransit company refuse to reimburse you even if you had a medical situation?
I'm asking on behalf of a friend of mine who is not on this site. They are blind and have a guide dog. We are both in Oregon, and we sometimes take the TriMet Lift paratransit service.
Last Sunday, ...
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1answer
78 views
Is the formalism “I put you on notice” important, in UK law, or can a less formal wording be equivalent?
Example case: a high value car specialist/expert sold me a car with a serious defect they should have known of and disclosed (such as past accident history) while warranting the condition was good/...
4
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1answer
108 views
How to mention a possibility of litigation/prosecution without accidentally making a “demand with menaces”, in English criminal law?
In English Law, extortion and blackmail are described under section 21 Theft Act 1968, as an "unwarranted demand with menaces", There's criteria and definitions, but they don't seem to matter much ...
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1answer
244 views
Can I sue a Canadian company in the USA?
I had a consulting company (IT services) in Canada and my major client (also a Canadian corp) did not pay for large amount of software engineering services that I've done for them. They are actively ...
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1answer
27 views
'first brought about the alteration in their relationship which led to an alleged actionable breach' vs 'actionable breach'
Source: Civil Litigation (Feb. 2010). pp. 236-237 Bottom. Footnote 37.
Above note 1 at 2.550—70. See also Canadian Broadcasting Corp. v. CKPG Tele-
vision, [1992) 3 W.W.R 279 (B.C.C.A.), a case ...
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0answers
30 views
Why would an action against a separate solicitor be joined to an action against a layperson?
Source: Janet Walker and Lorne Sossin. Civil Litigation (Feb. 2010). p. 135 Bottom - 136 Top.
Joining defendant parties when one of the defendants is a solicitor
proved to be problematic under ...
2
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1answer
91 views
Can we set up our company in a different country in order to protect our IT and assets from litigation?
I'm working with a startup in a country where laws are loose at best. After reviewing the privacy laws that bind us by doing business in this country, there seem to be an endless amount of ways that ...
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1answer
59 views
What is the process for having a trial record corrected?
I litigated a case successfully last year and some time afterwards I re-read the record, the trial transcript, and noticed that there were a lot of errors of various kinds in it.
Is there a process ...
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3answers
153 views
What is the likelihood that you would win a case of defamation if you cannot prove who sent it?
For example, if I were to have a scorned friend who is seeking my demise and he/she calls my employer and calls me a rapist or accuses me of sexual harassment, would it be effective to sue? Even if ...
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2answers
71 views
When parties settle without going to court, what prevents from suing for same thing?
Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What ...
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1answer
34 views
What might've spurred the demand of repeating facts in the Plaintiff's Claim, instead of referencing their paragraphs?
Source: Ontario Small Claims Court - A Practical Guide (2011). p. 166 Bottom.
§8.34 It is essential for the drawer of the affidavit (who might be the plaintiff
himself or his representative) to ...
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1answer
46 views
Why'd a plaintiff sue in 1. the firms's name or 2. all partners' names, instead of always 3. suing in 1 and 2?
Source: Ontario Small Claims Court - A Practical Guide (2011), p. 29 Bottom - p. 31 Top.
§3.17 By the same token, a partnership may be sued either in [1.] the firm name,
[2.] in the names of all ...
3
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5answers
204 views
Under what circumstances can a low/midlevel employee be personally sued for a corporate act?
Let's say, for instance, that the issue at hand was the Exxon Valdez Oil Spill. Exxon was sued of course, and I would imagine that its then chairman would have, or at least could have been, sued.
The ...
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1answer
40 views
Liability for mesothelioma
Why is it that a company is presumed to be liable for the mesothelioma of one of it's previous employees if it can be shown that they were exposed to above background levels of asbestos? There are a ...
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0answers
15 views
Potential and comparatively minor second defendant in UK - name as party or join later?
I'm an onlooker in a substantial case in the UK, which has an interesting feature. Legal advice hasn't been sought (but will be), but in the meantime as an onlooker I'm curious about one aspect of the ...
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1answer
465 views
What happens to a permissive counterclaim after the original claim is dismissed?
Does the counterclaim survive when the original claim is dismissed, or are both dismissed at the same time/as part of the same action?
If the counterclaim does not survive dismissal, could the party ...
1
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1answer
109 views
Would it be libel to write that President Trump is a rapist?
By almost any dictionary definition, US President Donald Trump is an accused rapist. However, no litigation has taken place with a conviction of sexual assault or rape.
If one was to write in a ...
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1answer
491 views
Can someone be bound to a contract to which they are not a party?
I am reviewing a contract, to which I am a party, drawn up by the other party. There is a section that mandates the actions of an individual who is not a party to this contract; the contract does not ...
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1answer
5k views
Under what circumstances do civil cases go before juries in the U.S.?
In a criminal case, per Rule 23, either party may demand a jury trial (and the defendant usually does).
A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances ...
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1answer
59 views
What are instances when one party may have to pay the legal fees of another before the case is decided?
In divorce cases, it's possible that one party (usually the husband), will be ordered to pay the legal fees of the other party, even before the case goes to trial.
My understanding is that sometimes ...
1
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1answer
34 views
Accrued interest in the award of legal fees
If a party to a lawsuit is awarded legal fees, and their legal expenses were incurred over the course of several years of litigation, can the amount include interest on the expenses from the time they ...
2
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0answers
23 views
Apportioning a settlement in one case for damages calculation purposes in a second related case
(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.)
Background
Alan buys a substantial and valuable income-...
0
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1answer
146 views
Chain of custody with produced documents - email and files [closed]
I have litigation support application but I am not licensed to practice litigation support.
The application can read many standard load formats for what as been produced.
The purpose is you can ...
1
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1answer
140 views
In Hulk Hogan vs Gawker Media, how did plaintiff pierce the corporate veil?
In the recent case of Hulk Hogan vs Gawker Media, company founder Nick Denton was ordered to pay $10,000,000 personally.
How specifically did plaintiff pierce the corporate veil?
2
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1answer
152 views
Data Chain Of Custody
This is civil in the US. I work for a company that does litigation support - discovery. We have secure servers that we (the company) pay a lot of money for. Based on the case load we may need to ...
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3answers
121 views
Discovery and Efficiency of Process
Does discovery have to proceed step-wise, or is it possible (or even routine) to combine the discovery process whenever possible? Here's a hypothetical example of what I mean:
I am suing an employer ...
5
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1answer
103 views
What are the potential pitfalls of representing oneself pro se?
Where do pros se litigants most often fail? Is it because of ignorance of legal protocols? Is it because they use overly aggressive tactics that most lawyers wouldn't use? Is it because they failed to ...
4
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1answer
255 views
Restrictions on Liability Waiver Use
The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a ...
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5answers
856 views
What resources are available to a pro se litigant?
Suppose I am not a professional lawyer but I have standing and want to bring a case to court pro se. To make this widely applicable and more readily answerable: Suppose I want to file a 42 USC 1983 ...
