Questions tagged [litigation]
The litigation tag has no usage guidance.
63
questions
2
votes
1answer
104 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
votes
1answer
57 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 ...
1
vote
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 ...
0
votes
0answers
34 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 ...
19
votes
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 ...
1
vote
1answer
70 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), ...
0
votes
1answer
68 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 ...
3
votes
3answers
131 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 ...
0
votes
2answers
56 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 ...
0
votes
0answers
26 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 ...
0
votes
0answers
100 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 ...
0
votes
1answer
132 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 ...
0
votes
1answer
36 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-...
1
vote
1answer
41 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 ...
0
votes
2answers
62 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 ...
1
vote
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 ...
0
votes
1answer
69 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 ...
0
votes
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 ...
1
vote
0answers
23 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-...
8
votes
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 ...
1
vote
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?
1
vote
1answer
68 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
vote
1answer
252 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 ...
1
vote
1answer
250 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
votes
2answers
66 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 ...
1
vote
0answers
35 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
votes
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 ...
1
vote
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 ...
0
votes
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 ...
0
votes
1answer
55 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, ...
3
votes
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 ...
1
vote
3answers
204 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
votes
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
votes
3answers
221 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
votes
1answer
36 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
149 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
vote
0answers
111 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
221 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
337 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
vote
1answer
861 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
vote
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
115 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
votes
1answer
171 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
585 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
80 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
40 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
votes
1answer
113 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
398 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
votes
1answer
48 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
votes
0answers
17 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 ...
