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 ...


19

In some jurisdictions, California probably being the most well-known in the US, there are Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes, which allow a defendant to file an anti-SLAPP claim (for sake of clarity I'm going to keep calling that person the "defendant") when the plaintiff's suit appears to have been filed for the purpose of ...


13

Your main misunderstanding is that opposing counsel cannot testify. He can ask a question, such as "Did you say ...?", which provides Einstein an opportunity to answer in a way that maintains the credibility of his testimony, but consel cannot just enter his own testimony into the record. In addition, counsel on "his side" has the opportunity to pose ...


8

TL;DNR: YES! A "motion to dismiss" a suit asks the Court do exactly what you say. It asks the Court to dismiss the suit as legally invalid, even if the facts alleged in the suit are correct. A motion to dismiss is usually filed in response to the initial complaint. A defendant can ask for dismissal on a variety of grounds. These range from, "this court ...


7

As a pro se litigant, you have the same power as an attorney to prepare your case. What is that power? Subpoena power. That is the power to compel witnesses to appear and give testimony. Along with subpoena power, you have the power given by the rules of discovery, to conduct discovery, send interrogatories (written questions to the opponent and non-...


6

If you want to bring a 1983 suit, and you can't afford or don't want to pay a lawyer, your best resource is to contact a lawyer who will represent you for free. There are civil rights and advocacy groups that will take on this type of case, and even if they won't, they may be willing to give you a quick evaluation of your case to tell you if it's something ...


6

A civil case, however, is often decided by a "bench" (judge) trial. Under what circumstances is a civil case likely to go to a jury trial, and under what circumstances can a party either demand, or prevent a jury trial (aside from a contract where both parties waive their rights to a jury trial)? In federal court, there is a right to a jury trial ...


6

I fully agree with Chapka that this would be inadvisable. That said, there are lower cost legal research options, especially since this is in Federal court. First, before alternatives, there may be public law libraries that offer some kind of Westlaw or Lexis access from on-site terminals. Law libraries also provide access to the practice manuals and etc. ...


6

Can a party unilaterally prohibit any of its output from use as evidence in litigation? The disclaimer is not really a prohibition, but a warning against relying on the underlying report or product for any of the listed purposes. Thereby the issuer informs that it did not apply, did not attempt to apply, and/or ought not be presumed to have applied, the ...


5

The fact that the employer has vicarious liability for acts of its employees "within the scope of employment" does not mean the employees are not also liable for their own acts. In reality, however, the employer is more likely to have insurance for such "acts or omissions" of employees. The plaintiffs can "sue everyone in sight" and let them figure out who ...


4

If you sue a person for a tort X, one of the things you have to prove is that the defendant did do X. A baseless belief that it must have been so-and-so will do you no good. You do not have to have iron-clad evidence of your allegations, for a civil suit, but you have to show with a preponderance of evidence that the claim is true. A combination of "hates me"...


4

You can try, however, a US court when considering if it has jurisdiction will doubtless ask you to explain why a Canadian business wants to sue a Canadian company for an unpaid debt in Canadian dollars for services provided in Canada in a US court. If you can satisfy them that a US court is the appropriate venue (which I doubt) they will hear the case.


4

It is the use of a "menace" which creates the crime, not the nature or validity of the demand. That's not correct. You've inadvertently missed the other element of the offence: that it's an "unwarranted demand". A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted ...


4

The language "I therefore place you on notice that" in your proposed missive is superfluous and adds nothing that is legally relevant. Flourishes like that are common among former paralegals, court clerks, common law country notaries, and other non-lawyers who want to sound legalistic but don't really have the relevant legal knowledge. It is common to say "...


4

if a manager emailed an prospective employee a contract containing the pay rate of $20/hr, if the prospective employee crossed out $20/hr and replaced it with $25/hr, then went to work and gave the manager the contract which he failed to carefully read, continued working for a few months, would the employee be entitled to $20/hr? A party ought to ...


4

The expected value formula involves multiplying the estimated dollar amount of each possible outcome by the estimated probability of that outcome adding up the result for every possibility. The results for each outcome have to include the ability to pay if you win and the cost of collecting if you win and the time value of money if not settling delays ...


4

Whether one can recover attorneys fees after litigation in California depends upon the nature of the case. Their amount may be affected by the nature of the judgment. The general rule is each party is responsible for that party's attorney's fees. That means that the trial result is irrelevant - no matter what happens, one pays for one's own attorneys fees. ...


4

The standard practice is to send the opposing party -- or better yet, its attorney -- a preservation letter, also known as a litigation hold. The letter notifies the receiving party that the sender is contemplating litigation, which triggers the recipient's duty to retain relevant records. Google for "sample presevation letter" or "sample ...


4

There are answers between black and white. One might honestly believe to be owed €360, and demand that money in a lawyers' letter, and be prepared to write that demand off if the other party does not comply. Going to court has an uncertain outcome even if one is objectively right, and it will take effort and money. As you describe the events, it looks like ...


4

Falsification of evidence, forgery of documents, destruction of evidence (which is called "spoliation"), giving false testimony under oath or otherwise, and all manner of other similar conduct can make it hard to impose civil liability in the court system (or to prevent its imposition when it isn't called for), and does happen from time to time. ...


3

This is a matter of tradition and common practice. The reputed purpose is to make sure that all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to, but it is a bit pedantic. Often legal requirements are like that.


3

Other answers have pointed out that the employer and employee can both be sued, and the employer is more likely to be insured, or able to pay, for damages. But why would the employer pay to insure the liabilities of its employees? What happens if a negligent employee is wealthy and the employer company is insolvent? The plaintiff can recover solely from the ...


3

Most pro se litigants fail in the court procedure area. There are many intricacies about what must be completed by when. Determining jurisdiction can take a very long time, especially personal jurisdiction. These things set back cases repeatedly. Additionally, many pro se litigants fail a 12(b)(6) motion. This means the other side files a motion saying ...


3

Based on the comments, it appears you are interested in a mechanism for preemptively declaring that your conduct is not wrongful without waiting for someone to bring charges or a lawsuit against you. In most common-law jurisdictions, a litigant who learned that a prosecutor was preparing charges against him, or that someone else was preparing a lawsuit ...


3

Does the above represent a conflict of interest for the associate and/or company X? Yes. This is in violation of, for instance, rule 1.9 of Michigan Rules of Professional Conduct (MRPC). See also Ulrich v. Hearst Corp., 809 F.Supp.229 (1192). Commentary in MRPC regarding Lawyers moving between firms explains: there is a presumption that all confidences ...


3

You have asked two quite different questions there. I’ll address the second part first (where Rob argues for the decision in Bob’s favour to be overturned in his response to Bob's appeal), because it’s easier. For both parties to partially succeed at trial, and both parties to contend on appeal that they should have been wholly successful, is not that ...


2

Generally, yes, but these policies are not written in a vacuum. The provider knows the operator in working in NP and knows that the NP prohibits waivers so the policy may state that the insured cannot require waivers but it will certainly build into the premiums the fact that the insured can't require waivers (ie more claims than if waivers were allowed). I ...


2

The law isn't necessarily consistent across all states and even all different kinds of reasons that fees are awarded within a state, but the predominant practice is for interest to be awarded only post-judgment and not pre-judgment on attorneys' fees.


2

The question doesn't make much sense (chain of custody generally relates to admissibility of evidence) - admissibility issue rest with ER's (ER: evidence rules found usually under "general application rules" -chain of custody is normally used in criminal cases for evidence to insure no alterations to the evidence etc. I don't understand how format of data ...


2

Gawker, Denton, and many others including different Gawker "companies" are defendants as you see in the complaint. After the verdict, 3 defendants (Gawker LLC, Denton, Daulerio) moved for "judgment notwithstanding verdict" on all claims against all defendants, also they moved for a new trial. On p. 27 of the latter it indicates that punes were awarded ...


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