Questions tagged [litigation]

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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 ...
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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 ...
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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 ...
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1answer
72 views

What are instances when one party may have to pay the legal fees of another before the case is decided?

In divorce cases, it's possible that one party (usually the husband), will be ordered to pay the legal fees of the other party, even before the case goes to trial. My understanding is that sometimes ...
1
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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 ...
2
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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-...
0
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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 ...
1
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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?
2
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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 ...
3
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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 ...
5
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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
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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 ...
10
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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 ...

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