Questions tagged [litigation]
The litigation tag has no usage guidance.
102
questions
1
vote
1
answer
253
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 ...
CommunityBot
- 1
6
votes
2
answers
201
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 ...
CommunityBot
- 1
25
votes
4
answers
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 ...
36
votes
5
answers
5k
views
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
In news articles, I often read that some organization refused to comment on an issue because it is the subject of "ongoing litigation". This is also mentioned in many guides on public ...
- 21.7k
1
vote
3
answers
135
views
Why "client is best friends with the firm's managing partner and will never settle"? Rather than AND "the law clearly supported the firm's client"?
Why did Managing Partner tip Associate to "tell opposing counsel [MERELY] that our client is best friends with the firm's managing partner and will never settle"? What's wrong with Associate'...
- 198k
4
votes
5
answers
520
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 ...
-1
votes
1
answer
76
views
Can one elect one's style/title of address in judicial proceedings?
If one wishes to be referred to as "Dr. Franklin," "Lord Jones" or "Lady Smith" (or Sir, or Dame) but does not actually possess the title, will judges use these titles in ...
- 3,722
2
votes
1
answer
142
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 ...
CommunityBot
- 1
8
votes
2
answers
2k
views
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
I mean, as opposed to merely cross-examining them in the course of the opposing side’s presentation of their case.
A closely related question asks of calling the defendant itself, though not its ...
- 43.3k
1
vote
1
answer
133
views
What is the legality and practicality of conducting litigation under a pseudonym?
When one goes into a police station (okay, when one is brought in for a recordable offence), one is fingerprinted and identified against big databases of identities. Even if this doesn’t happen, there ...
- 8,632
0
votes
1
answer
115
views
How much do I owe my lawyer? [closed]
I'm the Plaintiff in a civil case. The Opponent has made a non-Part 36 offer of an all-inclusive settlement.
I have a conditional fee agreement (CFA) with my solicitor. The Client Care Letter (CCL) ...
0
votes
2
answers
348
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 ...
- 195k
2
votes
3
answers
184
views
Any precedent for a foreign (non-U.S.) attorney, pro hac vice, was granted permission to represent civil litigants in any U.S. federal or state court?
Question set forth above with particular interest in California.
I looked for precedent of this, but this is probably rarely a matter of appeals, and are probably decided in pre-trials.
I am aware of ...
- 3,875
1
vote
1
answer
186
views
Are there any jurisdictions where theft is not a crime but victims can sue theives?
Are there any jurisdictions where theft is not a crime, but the owner of a stolen item can sue the thief for either return of the item or monetary damages? This would be similar to how copyright law ...
- 310
2
votes
0
answers
228
views
Can minors receive payments from class action lawsuits?
If a minor is included in the class of a class action lawsuit, and the plaintiffs win or the defendant settles, can the minor receive payment?
The suit was filed in California (the GitHub Copilot suit)...
- 13.8k
2
votes
1
answer
171
views
Can you sue for emotional distress in FL over an erroneous eviction notice?
Lets say Jane is late on paying her rent by a few days (Due on the 1st, Grace period til the 4th, Paid on the 7th). Several days after paying, she receives a physical notice on the door demanding ...
- 13.8k
8
votes
3
answers
5k
views
Can you sue your own business?
If an employee of my LLC negligently causes injury to me in the course of their employment, can I sue my LLC, like a non-owner could?
- 32.9k
2
votes
2
answers
239
views
How does representing oneself affect one's chance of winning a lawsuit?
Statistically, how much less likely is a pro se litigant in "regular" court (i.e. not arbitration or small claims court) to win against a litigant with a lawyer than another litigant with a ...
- 57.2k
1
vote
0
answers
38
views
Is it a tactic to not ask a key question during a deposition?
I know that normally an attorney wil ask the questions they plan to ask at trial at the deposition to reduce the chance for surprises, such as an answer they don't expect.
However, suppose there is a ...
- 6,828
0
votes
2
answers
859
views
How many times is the average person sued in a lifetime?
What is the median number of times that an American will be sued personally (in regular court or small claims court, but not in arbitration) by a non-government entity in a lifetime?
Statistically, ...
- 13.8k
0
votes
0
answers
48
views
Is a person serving a property owner with notice of a lawsuit excempt from trespassing charges?
If John sues Bob, and he walks past Bob's "POSTED - NO TRESPASSING" sign up to his door to serve him notice of the lawsuit, Bob says "Get off my property!" before realizing why ...
- 13.8k
2
votes
1
answer
177
views
Can you force the Supreme Court to hear a lawsuit by including all other judges as defendants?
If all judges with jurisdiction over a case have a conflict of interest, they do not have to recuse themselves. If a lawsuit is filed against several people, it can be dismissed partially, with only ...
- 29k
2
votes
1
answer
147
views
Can a lawsuit naming multiple defendants be partially dismissed?
If John Doe commits some tort against Mary Jones, and Bob Smith is uninvolved, but Mary sues both John and Bob (Jones v. Doe and Smith when the suit should just be Jones v. Doe), what happens? She has ...
- 195k
3
votes
1
answer
64
views
Have there been any known lawsuits where a party has intentionally lost because they wanted the opposite precedent of what wouldBenefitThemInThatCase?
(sorry about the camelCaseTitle, I ran out of characters)
Have there been any lawsuits where the losing party is known to have intentionally lost, because they wanted the opposite precedent of what ...
- 3,527
0
votes
1
answer
55
views
Can an individual file a lawsuit in rem?
Is there any case where an individual could file an in rem lawsuit (apparently suing a physical object, as in United States v. One Solid Gold Object in Form of a Rooster, but with an individual as ...
- 23.6k
12
votes
1
answer
2k
views
Why are Roe v Wade and Planned Parenthood v Casey abbreviated as Roe and Casey?
The Dobbs v. Jackson Women's Health Organization ruling says:
...Roe and Casey are overruled...
Why is Roe v. Wade abbreviated as Roe, while Planned Parenthood v. Casey is abbreviated as Casey? ...
- 57.2k
2
votes
1
answer
228
views
Could you sue God?
The premise of the movie "The man who sued God" is that a person who lost his boat in a lightning storm. His boat insurer then decided it was an act of God and did not cover it
He heard the ...
- 113k
1
vote
1
answer
60
views
Is injunctive relief/money compensation guaranteed when a non-breaching party sues the breacher for violating any non-disclosure agreement?
If a Non-disclosure agreement is silent on whether injunctive relief or money compensation is agreed as a result of breach of agreement, are injunctive relief and money compensation still applicable ...
CommunityBot
- 1
0
votes
1
answer
155
views
Patent litigation retaliation clause in Apache 2.0 vs MPL2
The Apache License 2.0 has the following in Section 3:
If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a
...
- 12.1k
0
votes
1
answer
24
views
In a legal evidence submission packet, what is common nomenclature for different types of articles?
For example one might have exhibit 1, exhibit 2, and so on, but also various witness statements. Are these statements themselves also exhibits? Where else can one find references of these sorts of ...
- 57.2k
-5
votes
3
answers
169
views
I want to transfer ownership of my AI startup LLC to my AI. How would this change the legal / corperate dynamics (litigations, taxes, etc)?
Assume the AI is sufficiently intelligent to run a company and perform many of the intellectual tasks humans do (though this might be irrelevant to the legal question). This question is based on Can ...
- 33.4k
0
votes
2
answers
98
views
Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?
I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't ...
- 113k
0
votes
3
answers
768
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 ...
- 31
0
votes
1
answer
127
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 ...
- 198k
1
vote
2
answers
122
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 ...
- 57.2k
3
votes
2
answers
233
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 ...
- 195k
0
votes
1
answer
269
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 ...
- 198k
1
vote
1
answer
186
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' ...
- 6,315
10
votes
3
answers
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'?
- 166
1
vote
1
answer
158
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, ...
- 277
1
vote
1
answer
88
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. ...
- 21.7k
2
votes
2
answers
54
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 ...
- 195k
3
votes
1
answer
141
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 ...
- 14.4k
0
votes
2
answers
52
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 ...
- 5,786
3
votes
1
answer
131
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 ...
- 57.2k
0
votes
0
answers
42
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 ...
- 33.4k
20
votes
2
answers
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 ...
- 195k
1
vote
1
answer
488
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), ...
3
votes
3
answers
206
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 ...
- 8,632
0
votes
1
answer
236
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 ...
- 10.2k