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Questions tagged [litigation]

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7
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6answers
4k 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 ...
1
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0answers
39 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?
1
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1answer
51 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 ...
1
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1answer
125 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 ...
0
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1answer
138 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 ...
0
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2answers
55 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 ...
0
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0answers
28 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....
8
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2answers
909 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 ...
1
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2answers
50 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 ...
0
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2answers
80 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 ...
0
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1answer
49 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, ...
2
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2answers
99 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 ...
1
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3answers
185 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 ...
0
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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?
0
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3answers
125 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 ...
-1
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1answer
35 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 ...
-3
votes
3answers
134 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 ...
1
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0answers
107 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, ...
2
votes
1answer
111 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/...
5
votes
1answer
269 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 ...
1
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1answer
477 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 ...
1
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1answer
28 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 ...
2
votes
1answer
99 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 ...
0
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1answer
68 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 ...
3
votes
3answers
342 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 ...
1
vote
2answers
74 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 ...
1
vote
1answer
38 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 ...
0
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1answer
59 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
votes
5answers
330 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 ...
0
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1answer
44 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 ...
0
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0answers
16 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 ...
1
vote
1answer
744 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
vote
1answer
1k 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 ...
1
vote
1answer
9k 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 ...
0
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1answer
69 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
vote
1answer
47 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
26 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
199 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
vote
1answer
150 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
174 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 ...
3
votes
3answers
161 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
votes
1answer
115 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
295 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 ...
10
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5answers
1k 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 ...