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38

Litigation Costs v. Liability Insurance Cost It is worth noting that what the Institute for Legal Reform, a tort reform lobbying group, is stating, is not that the U.S. has "higher litigation cost" than other countries. They are financed mostly by businesses that have to pay liability insurance expenses and are motivated in their analysis to come ...


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Such a lawsuit is known as a strategic lawsuit against public participation, or SLAPP. In the United States, several states have enacted laws that penalize those whose file SLAPPs. The provisions of these laws vary from state to state, but they usually allow a defendant to file a motion to dismiss on the grounds that their statements were constitutionally ...


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Two reasons that spring to mind: The Respondent wanted the appeal to proceed so that they would have definitive case law from a higher court. That is they thought they would win and, quite possibly, the appellant thought they would win too. Rolling the dice on a losing proposition is not so bad if you have no skin in the game so the Respondent is ...


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Martinez v. Bynum 461 US 321 involves a US citizen child living with his parents in Mexico traveled to Texas in order to attend free public school. Under Texas Education Code 21.031(d), the district is allowed to deny tuition-free admission if the child lives apart from the parent or legal guardian and is present in the district "for the primary purpose of ...


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The official judgements do not reveal the funding for these lawyers; so where can I find this information? Nowhere. The commercial arrangements between lawyers and their clients are private and confidential like any other business transactions. You have no more right to know this then you do to know how your neighbour pays their mortgage. how could she ...


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There is a legal dictum, de minimis non curat lex, which might lead to an exasperated court official refusing to issue your lawsuit (with or without providing the $1 out of his own pocket to save everybody's time); I recommend you look it up. But there is no official term for what you suggest, although many lawyers might off the record provide colourful ...


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Can I claim back money for the time Im having to spend trying to contact my old employer/looking through paperwork, etc Nope. Time spent in preparation for legal proceedings is never recoverable by way of a court order, however it is possible to recover some (but not all) costs incurred in employing legal counsel if you are successful in your claim or ...


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Disbursements are 'the funds paid out by the lawyer for expenses incurred in the lawsuit, such as the costs of typed transcripts and the fees charged by expert witnesses': Irwin Law, Canadian Online Legal Dictionary, definition of 'disbursements.' For an international perspective, see the Wikipedia article on disbursements. The term fee does not necessarily ...


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If the option were taken to award costs to the offering party, then a defendant could say "I'll give you a a hundred dollars to settle this"; should the unsuspecting plaintiff accept, he would find himself liable to pay both sides' costs and severely out of pocket. The Committee could not, of course, countenance the idea that a party who was (by definition) ...


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In the context of England and Wales (I don't know about Scotland), if the lawsuit is sufficiently frivolous, the defendant can engage a lawyer on a no-win, no-fee basis. The default in England and Wales is that the losing side pays both sets of lawyers†. See https://www.theguardian.com/commentisfree/libertycentral/2011/mar/09/hardeep-singh-no-win-no-fee-...


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is it normal to charge the client extra money for delivering the source code (let say 20% of the total price), beyond the implementation time in our case (500 hours/40,000USD)? It is lawful to charge for delivery of source code regardless of the implementation. For instance, when you buy a product (say, a vehicle), the delivery hardly ever contains material ...


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In New Zealand, a successful litigant in person is entitled to recover disbursements but not costs. This rule can be traced back many centuries to passages in Sir Edward Coke’s The Second Part of the Institutes of the Laws of England (E and R Brooke, London, 1797). At page 288 he said: Here is expresse mention made but of the costs of his writ, but it ...


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What to do? @roland is right: contact the local Mieterverein. The Mietervereine are consumers' rights organizations that give legal advise on rental matters to renters. This is usually the cheapest option to get a lawyer who is specialized at rental law. The Mieterverein, btw., may find that the final accounting is wrong - the rules are rather complex (they ...


2

In a word: Discovery. Discovery rules in the US allow for very broad requests for production from the opposing party and generally seek to require production of all relevant documents to a case. Many other countries, such as the UK tend to limit disclosure "to that which is necessary to deal with the case justly" CPR 31.5(7). You'd think just ...


1

Freedom to contract Freedom to contract is a fundamental part of common law. It means that the parties to a contract can agree whatever they want within the law. So anything they agree is enforceable unless there is a specific law or legal principle that says it isn’t. AFAIK contract clauses on engaging consultants and who will pay their fees are legal in ...


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The contract covers costs up to (inclusive) 90/30 € per month. You must pay the costs that are over that amount, just has you would have recieved a refund for the amount that was less than 90/30 € per month.


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Each person must comply with the law at their own cost However, there are a lot more people involved than just the ones directly affected by the quarantine. Travelers may have travel insurance. Employees may have workers' compensation rights and may or may not be entitled to wages depending on their contract of employment. Speaking of contracts, the ...


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That can't be answered for "any common law country". Practices vary widely between such countries. Also, in most of them, awards of costs are not matters of common law but are authorized by specific statute, when they are authorized. That means that in a given jurisdiction, the answer will be different for different torts or causes of action. In the US, many ...


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So long as this is not inconsistent with the clear language of the contract, it is allowed. If you have a role in drafting the contract you should seek to clarify that point in contract language. If the contract is in place, you should disclose this fact, ideally in writing, so you are not later accused of fraud and so that if the municipal corporation ...


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If they sign and breach it, I can sue them for the $1, right? Yes. (Caveat - there are probably some courts in some Canadian province with a minimum dollar threshold, but this just goes to the proper forum and not the right to some somewhere to enforce a small dollar claim.) do I understand the way this works correctly? Sounds like it. what ...


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It isn't the norm, but it happens in certain circumstances. It is common in consumer and employment arbitration contracts to require the party being sued to front the costs for the arbitrator and the arbitration process, although not the legal fees of the person bringing suit. These can often be recovered if the company that is sued prevails on the merits. ...


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In the USA, there's a concept known as a "mechanic's lien." The lien applies to repairs done to a vehicle (an asset). In the USA, this applies over a broad class of items.


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