Questions tagged [litigation]
The litigation tag has no usage guidance.
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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 ...
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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 ...
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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 ...
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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? ...
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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'?
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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/...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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)...
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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, ...
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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-...
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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'...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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. ...
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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 ...
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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' ...
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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), ...
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