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Questions tagged [litigation]

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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
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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
  • 1,511
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
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
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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
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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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9 votes
5 answers
2k 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 ...
feetwet's user avatar
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8 votes
6 answers
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 ...
Greendrake's user avatar
  • 27.2k
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
8 votes
2 answers
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 ...
Nick's user avatar
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7 votes
1 answer
627 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 ...
Stilez's user avatar
  • 3,189
6 votes
2 answers
211 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 ...
Libra's user avatar
  • 6,498
4 votes
5 answers
718 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 ...
Libra's user avatar
  • 6,498
4 votes
1 answer
380 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 ...
Eric's user avatar
  • 203
3 votes
2 answers
257 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
2 answers
246 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
  • 1,511
3 votes
3 answers
648 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 ...
user8358234's user avatar
3 votes
3 answers
275 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
  • 27.2k
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
3 votes
3 answers
266 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 ...
feetwet's user avatar
  • 21.9k
3 votes
1 answer
76 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
  • 17.1k
2 votes
3 answers
473 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 ...
justasking111's user avatar
2 votes
2 answers
852 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
  • 17.1k
2 votes
1 answer
257 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
  • 5,057
2 votes
1 answer
1k 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 ...
Pavel P's user avatar
  • 123
2 votes
3 answers
241 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
  • 3,934
2 votes
1 answer
215 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
  • 5,519
2 votes
1 answer
216 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
  • 17.1k
2 votes
1 answer
202 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
  • 17.1k
2 votes
1 answer
1k 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/...
Stilez's user avatar
  • 3,189
2 votes
2 answers
103 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 ...
Smith's user avatar
  • 43
2 votes
1 answer
4k 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 ...
khrabanaz's user avatar
2 votes
2 answers
59 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
2 votes
1 answer
175 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 ...
JBentley's user avatar
  • 8,356
2 votes
2 answers
168 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 ...
justasking111's user avatar
2 votes
1 answer
216 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 ...
paparazzo's user avatar
  • 261
2 votes
1 answer
131 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 ...
slothstronaut's user avatar
2 votes
0 answers
423 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
  • 17.1k
2 votes
0 answers
34 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-...
Stilez's user avatar
  • 3,189
1 vote
3 answers
266 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 ...
NorthBridge's user avatar
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
1 vote
1 answer
13k 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 ...
Libra's user avatar
  • 6,498
1 vote
1 answer
213 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
  • 1,511
1 vote
1 answer
221 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
  • 17.1k
1 vote
2 answers
127 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
  • 834
1 vote
2 answers
397 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
91 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
1 vote
1 answer
93 views

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
1 vote
1 answer
99 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
1 answer
178 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