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Questions tagged [litigation]

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Law costs draftsman/costs lawyer v. costs barrister (England & Wales)

I work in quite a small jurisdiction (Hong Kong, with around 1,550 practising barristers and 11,470 practising solicitors). England & Wales is obviously much larger jurisdiction and I have begun ...
RubberCapybara's user avatar
0 votes
2 answers
157 views

General strategy for litigation against another party who has more financial resources

Generally, what is a good strategy when being sue in a civil lawsuit by another party who has more financial resources (e.g., higher income and more assets) or filing civil lawsuits against another ...
HelloDarkWorld's user avatar
1 vote
1 answer
95 views

Are there major advantages to choosing personal injury lawyer from the car accident city?

If a car accident occurs in city X is there major reason to choose a personal injury lawyer from X? Or is it sufficient to be from the same state?
Maesumi's user avatar
  • 125
1 vote
3 answers
148 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'...
user avatar
37 votes
5 answers
6k 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 ...
sleske's user avatar
  • 8,235
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 ...
TylerDurden's user avatar
-1 votes
1 answer
77 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 ...
TylerDurden's user avatar
1 vote
1 answer
170 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 ...
TylerDurden's user avatar
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) ...
mjc's user avatar
  • 123
2 votes
3 answers
233 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 ...
kisspuska's user avatar
  • 3,924
2 votes
0 answers
400 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)...
Someone's user avatar
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1 vote
1 answer
219 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 ...
Someone's user avatar
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2 votes
1 answer
211 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 ...
Digital fire's user avatar
  • 5,489
9 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?
Someone's user avatar
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2 votes
2 answers
803 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 ...
Someone's user avatar
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1 vote
0 answers
40 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 ...
Cicero's user avatar
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0 votes
0 answers
50 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 ...
Someone's user avatar
  • 17k
0 votes
2 answers
1k 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, ...
Someone's user avatar
  • 17k
2 votes
1 answer
212 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 ...
Someone's user avatar
  • 17k
2 votes
1 answer
191 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 ...
Someone's user avatar
  • 17k
3 votes
1 answer
74 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 ...
Someone's user avatar
  • 17k
0 votes
1 answer
61 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 ...
Someone's user avatar
  • 17k
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? ...
Someone's user avatar
  • 17k
2 votes
1 answer
252 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 ...
Neil Meyer's user avatar
  • 4,997
0 votes
1 answer
194 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 ...
ruben2020's user avatar
  • 103
1 vote
1 answer
75 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 ...
user avatar
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 ...
JosephCorrectEnglishPronouns's user avatar
-5 votes
3 answers
183 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 ...
Jacob Valdez's user avatar
0 votes
2 answers
425 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 ...
LeanMan's user avatar
  • 319
0 votes
3 answers
773 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 ...
user avatar
0 votes
1 answer
133 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 ...
user avatar
1 vote
2 answers
124 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 ...
uhoh's user avatar
  • 816
3 votes
2 answers
244 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 ...
user1034912's user avatar
  • 1,501
0 votes
1 answer
422 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 ...
user1034912's user avatar
  • 1,501
1 vote
1 answer
207 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' ...
user1034912's user avatar
  • 1,501
25 votes
4 answers
9k 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 ...
user1034912's user avatar
  • 1,501
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'?
user1034912's user avatar
  • 1,501
1 vote
1 answer
194 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, ...
user1034912's user avatar
  • 1,501
0 votes
2 answers
596 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 ...
user avatar
1 vote
2 answers
362 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 ...
user avatar
1 vote
1 answer
90 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. ...
Noir's user avatar
  • 135
2 votes
2 answers
58 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 ...
manoelpqueiroz's user avatar
3 votes
2 answers
256 views

Is it legal in Austria 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 ask critical questions about the (non) functioning of their product. After this ...
bradgonesurfing's user avatar
3 votes
1 answer
141 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 ...
End Antisemitic Hate's user avatar
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 ...
Nike Dattani's user avatar
0 votes
0 answers
43 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 ...
user2138912's user avatar
19 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 ...
J Li's user avatar
  • 587
1 vote
1 answer
777 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), ...
aaronqli's user avatar
  • 196
0 votes
1 answer
299 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 ...
tintin's user avatar
  • 109
3 votes
3 answers
265 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 ...
Greendrake's user avatar
  • 27.6k