Questions tagged [litigation]

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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 ...
10
votes
5answers
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 ...
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 ...
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 ...
5
votes
1answer
338 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 ...
5
votes
1answer
121 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
votes
1answer
317 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 ...
3
votes
5answers
399 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 ...
3
votes
3answers
593 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 ...
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 ...
3
votes
1answer
112 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
59 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 ...
3
votes
3answers
193 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 ...
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 ...
2
votes
1answer
234 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/...
2
votes
1answer
198 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 ...
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 ...
2
votes
0answers
29 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-...
1
vote
3answers
205 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 ...
1
vote
1answer
11k 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 ...
1
vote
1answer
869 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
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 ...
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 ...
1
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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), ...
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
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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 ...
1
vote
2answers
81 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
2k 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
54 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 ...
1
vote
1answer
156 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?
1
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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 ...
1
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1answer
264 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
252 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 ...
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 ...
1
vote
1answer
956 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
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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 ...
1
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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-...
1
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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
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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....
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, ...
0
votes
1answer
149 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
3answers
225 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 ...
0
votes
2answers
58 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
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 ...
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 ...
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
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
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
1answer
114 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 ...
0
votes
1answer
242 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 ...