Questions tagged [litigation]

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3answers
669 views

Why did Justice Antonin Scalia advise not talking back to judges, not even politely?

I copied and pasted the transcript from YouTube commencing at 91:04, the end of the 2007 Ames Moot Court Competition. As you can read, the English barrister's comeback was polite — no profanity or ...
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1answer
53 views

What chance could Donoghue prove Stevenson's negligence? Why did Stevenson's estate settle with Donoghue for £200 in 1933?

Donoghue's case doesn't overcome the standard of proof in civil cases, the balance of probabilities. As Canada and English law Prof. Hutchinson explained below, Donoghue never proved the facts of her ...
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2answers
105 views

How to search for lawsuits where I know the plaintiff's name and a brief outline of the facts?

The Astronomy SE question Did a watch company really try to sue radio astronomers for using the word "pulsar"? If so, which astronomers? includes the following quote from Jocelyn Bell ...
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2answers
167 views

Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?

Say a defendent owns land worth $200,000. The defendant lost the case and has to pay $9,000 He does not have any money to pay. Could courts order the land to be sold? My question is general, but just ...
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1answer
69 views

In Australia, how do I send a letter of demand to a person but don't know his physical address, only email address?

I need to send a letter of demand to a person but I don't know his address. I only know his work address. This for a Small Claims Dispute (Less then $10K). I am in Australia. I have his email and can ...
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1answer
130 views

How do news outlets avoid defamation lawsuits when they publish articles about alleged criminals?

News outlets are always publishing sensational stories about people who have not yet been convicted but just suspected of a crime..... The person loses his job and at worst, creates a 'Trial by Media' ...
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4answers
8k views

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
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3answers
5k views

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

In a Civil Trial, how do courts handle scenarios when evidences presented are denied (by plaintiff/defendent) as forged, tampered, or claims that 'I did not sign it' or 'That is not me'?
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1answer
110 views

My friend borrowed money but does not want to pay back. It was a 'buddy promise' with no pay back time stipulated

My (used to be) friend borrowed some money from me but does not want to pay back. It was a 'buddy promise'. I have SMS, Email & Bank Transfer slips as evidence. Since it was done between buddies, ...
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1answer
36 views

Are exhibits presented in order of importance or the order they'relisted?

Are exhibits listed in the order they appear or in order of importance? I'm following the sample format on my county's "self-help center" for pro se litigants, and the example is for another ...
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1answer
35 views

Do all exhibits have to be e-filed if one e-files their suit or can exhibits be mentioned in the complaint but presented in person

I plan on e-filing my lawsuit, but it will be impractical to upload the number of exhibits, plus some of them take up multiple screenshots. So, is it okay to refer to "exhibit 1" and mention ...
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1answer
77 views

What it takes to conceal facts of medical malpractice?

I would like to focus on cases which involve a complainant having suffered as a result of medical malpractice or neglect of their need for medical care exercised by their caregivers, such as parents. ...
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2answers
42 views

Could a third party be forced to hand over data if it is headquartered outside the US?

In the run-up to Epic v. Apple, Apple as the defendant has requested information via court from several companies that while not involved directly in the lawsuit, could be relevant for making Apple's ...
3
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1answer
125 views

Is it legal in Austria for somebody to send threats of legal action in court if money is not paid and not follow through?

I have received a cease and desist letter from a lawyer in Austria demanding I remove a number of facebook posts that asks critical questions about the (non) functioning of their product. After this ...
3
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1answer
98 views

How to notify a corporation to not destroy any evidence because a legal case may be filed?

What is the procedure to notify a corporation to not destroy any evidence because a civil legal complaint will likely be filed? Criminal complaints may also be pending, but that will be up to the ...
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2answers
48 views

Question about corporations established through legislation in Canada

PART I of BILL C-93 from February 1997 described the establishment of a corporation and some definitions related to it. The concept of a corporation being established in legislation is new to me, so I ...
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0answers
35 views

Have plaintiff allegations in complaint ever been considered slander of title?

Let's say that a business owner A maliciously sues a competing business owner B alleging that business owner B has stolen trade secrets that contained information about business owner A's customers ...
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2answers
5k views

Why does the U.S. have much higher litigation cost than other countries?

According to the institute for legal reform (https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf), liability/GDP ratio is 1.66% which ...
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1answer
79 views

In California, what is the law that authorizes the moving party of motion for protective order not to comply with the discovery in question?

Some attorneys say so (e.g. https://www.avvo.com/legal-answers/is-the-discovery-process-halted-when-a-motion-for--3637798.html), but when I looked into the statute (CCP 2030.090, 2031.060, 2033.080), ...
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1answer
71 views

How to file a lawsuit against a Canadian national from the UK? [closed]

My uncle is a British national. Around 8 years back he helped his distant relative living in Canada who was in a financial difficulty by giving him a loan of approx £30K with an agreement that he will ...
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3answers
142 views

Can an appellate court overturn part of a decision not appealed against?

Bob litigates against Rob. The case boils down to resolving two questions of law: X (rather critical to Bob) and Y (not so critical). The two questions are separate/isolated, although both are highly ...
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2answers
70 views

How can the following conflict of interest situation be dealt with?

A, an individual, sues a large corporation, X. The action is acrimonious and goes on for several years. A junior associate at A's law firm leaves the firm and goes to work for the law department of ...
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0answers
40 views

Exemption for "conduct of litigation" as a lay representative?

The following activites are "reserved legal activities" per the Legal Services Act 2007 ("LSA 2007"), s 12(1): (a) the exercise of a right of audience; (b) the conduct of ...
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0answers
171 views

Why doesn't the Cab Rank Rule apply to solicitors in England, Wales, Australia?

I know in Australia, England and Wales, Cab Rank Rule applies to barristers. BUT "Solicitors are generally free to decline to represent whoever they like. They don’t have to give reasons or enter ...
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1answer
255 views

Laboratory Test Reports: Disclaimer in test reports prohibiting use as evidence in legal proceedings

I work in the chemical industry and very often industries send chemical samples to third party test laboratories for analysis and producing test reports. In some cases I find labs add a disclaimer of ...
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1answer
47 views

Can a co-founder sue another co-founder from company constituitional infringements using courts of another country?

Say a company is incorporated in Dubai. All Shareholders live in Australia. A co-founder does something against the company constitution, such as diluting other co-founder shares. Can the other co-...
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1answer
42 views

Appraisal Rights in Chapter 11?

Assuming some number of shareholders believe that the bankruptcy process is inadequately compensating them (i.e. by setting the company valuation too low and thus giving creditors too much equity in a ...
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2answers
64 views

Under which conditions after winning a trial in California you can claim for compensation to cover attorney expenses?

I have been menaced to be brought to court in a case where the other part has largely more resources than I do. I am not worried about the veracity of the claims, but I am worried about being dragged ...
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0answers
65 views

Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court "tolled statutory time limit" due to COVID-19?

This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new ...
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1answer
71 views

If someone is sued in Singapore, can he transfer all his assets to europe?

Just wondering what if someone know he's about to get sued say in a modern country like Singapore. he transfers all his assets (such as cash) overseas to another modern country like Germany. Then he ...
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3answers
95 views

Why do large companies make legal battles public?

It would seem big companies try to keep litigation private and confidential. I guess this is so they can save face and it would like bad for business regardless of the outcome of the court may be. Is ...
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0answers
24 views

Are FULL documents required for discovery or will portions suffice?

Simple question. When supplying documents for discovery must one supply the whole document or just pertinent portions? Example - In dispute is a % or a closing date. The key info is available in a 10-...
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6answers
5k views

Can the jeopardy of being judged be fought against in court?

Can the right to take people to the court be itself subject to judicial challenge? In other words, if someone attempts to sue you, would you ever be able to successfully argue in the court to prevent ...
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0answers
40 views

Why do some state courts disallow pleading an exact dollar amount for damages in a complaint?

Some states do, some do not, is there a specific policy reason behind this?
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1answer
74 views

Is there something in littigation for when a party isn't honestly trying to resolve the issue

I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this. For example we reached a ...
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1answer
348 views

Using interrogatory or depo to ask libel defendant what facts she relied on in making statement

In a libel case, should I ask the publisher of the statement what facts she relied on in deposition or via interrogatory? I'm concerned that since an interrogatory can be supplemented, that her ...
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1answer
270 views

Can you sue a person for time spent taking them to court?

I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
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2answers
69 views

In practice what kind of claims can't be brought to court after signing a settlement agreement?

A settlement agreement contains the following term: Parties agree that this settlement extinguishes all claims each party may have against the other. What affect does such a term have in theory ...
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0answers
38 views

Can defendant respond to a summons via e-mail?

The plaintiff served a defendant with a summons to pay debt. The defendant filed a written response with the clerk of court in person, but must also send a copy to the plaintiff via mail or in person....
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2answers
1k views

Does ability to impeach an expert witness on science or scholarship go too far?

In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except ...
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2answers
58 views

When going to court is it typical to have multiple related claims?

I know in large legal cases you hear about in the news, the plaintiff usually has multiple torts they accuse the defendant of. For example company A is suing company B for negligence, breach of ...
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2answers
89 views

How hard should one try to resolve dispute before hiring a lawyer to go to court? [closed]

I had a really bad landlord. He owes me money for my damage deposit and prorated rent. The lease says he has 30 days to return it. After I moved out I reminded him of this fact. He replied (in a very ...
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1answer
57 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
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2answers
142 views

When can a person sue for damages?

To my understanding someone can only sue for damages when they can prove that someone (the defendant) caused the damages. Does this mean if someone is in breach of a contract, the other party needs to ...
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3answers
209 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
30 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
251 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
38 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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3answers
157 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
113 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, ...