Podcast #128: We chat with Kent C Dodds about why he loves React and discuss what life was like in the dark days before Git. Listen now.
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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 ...


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 ...


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 ...


2

In exactly the same way that you make any other decision in the midst of uncertainty How do I decide whether to get the steak or the fish? How do I decide whether to go to the movies or the beach? How do I decide whether to buy, sell or hold International Widgets Inc.? How do I decide whether to get married? How do I decide whether to holiday in Bali or ...


2

In the state of California, how could one find out if a commercial company had ever sued another company? The search is complex because there is no "one-stop shop" for this. To search in federal court, go to pacer.gov. To search in state trial court, contact the court of your county and ask whether it has a site for online case search. Other counties ...


2

Can these all be claimed at once or is this not allowed or would "look bad" and should be dealt with as separate cases? They all ought to be claimed at once if they involve the same defendant(s). The subject matter of a case is the facts as they pertain to the defendant(s) to that case. The legal theories --which are labeled as claims of negligence, fraud, ...


2

If you can persuade him to return the deposit, that is the best outcome: cheaper and quicker. The second cheapest alternative is filing a claim in small claims court (assuming your jurisdiction doesn't have a special landlord-tenant dispute adjudication board). This does not require a lawyer, it simply requires that you can say why you think you are entitled ...


2

Judgement When a determinative forum makes a decision (e.g. a court or an arbitrator) and any appeals have been finalized or the time for making them has expired, then the matter is Res Judicata (a matter already judged). This serves as a complete and total bar on any claim between the same parties over the same events. A plaintiff cannot "change ...


2

if they settle, could the plaintiff sue again claiming he found more damage than he was first aware of? Generally speaking, no. It would be the plaintiff's responsibility to ensure awareness of what he was settling for. For the settlement to be voidable and be entitled to resume the claims, there would have to be additional circumstances, such as: having ...


2

You can't sue him for wasting time, but you can probably add interest for the delay. You can also use his previous agreements to pay you as further evidence of the debt, especially if you have them in writing (emails you sent him at the time do count for this).


2

Currently, yes. In New Zealand, when a private prosecutor attempts to file charges against an alleged criminal (proposed defendant), they may be rejected by a judge (the defendant may not even be aware at all). The prosecutor then attempts to challenge the rejection by way of judicial review in a higher court (a separate civil proceeding against the court ...


1

If you are thinking of an action that can be taken beforehand, a declaratory judgement might be what you are looking for. Taking the example from the article: If company A is producing something and company B thinks this is infringing on one of their patents, company A does not have to wait for B to sue them. Instead they can ask a court to declare that they ...


1

should I ask the publisher of the statement what facts she relied on in deposition or via interrogatory? Short answer: Yes, and you do it through deposition, not through written interrogatories. Long answer: That is one of the most elementary and obvious questions a defamation plaintiff should formulate. But follow-up questions are significantly more ...


1

Should I bother responding to his emails? Or should I wait the 30 days then hire a lawyer? Depending on your jurisdiction, it might have been a tactical mistake to prematurely remind the landlord to refund your deposit. For instance, in Michigan, MCL 554.609 gives the landlord a deadline of 30 days to send the former tenant an itemized list of damages. ...


1

Bob doesn’t When Bob paid for the app he used an online store like Apple or used a credit card. If the former, Bob asks for a refund from the store who will almost certainly give it. If the latter, he disputes the charge with his credit card company and, as he has plenty of evidence to show that no service was delivered.


1

Breach of a contract entitles the non-breaching party to at least nominal damages (e.g. $1 and court costs). If there is a fee shifting provision, nominal damages are sufficient win an award of attorneys' fees as well and some contracts have liquidated damages provisions setting a dollar amount on hard to value matters like delay in performing a contract. ...


1

if someone is in breach of a contract, the other party needs to let damage happen before they can do anything about it? No. The prospective plaintiff usually has a duty to make a reasonable effort to mitigate damages instead of letting them accumulate. In that case, the defendant would have to reimburse the expenses that mitigation caused, which would ...


1

You can first decide if the settlement is acceptable to you. If I harmed you by causing you damage X and the settlement means that I pay you Y, I admit no guilt, and you promise not to sue me again (which would be a normal settlement), are you happy with that outcome? Independent of what you might get or might not get if you go to court? Second, when you go ...


1

The UNCITRAL Model Law on International Commercial Arbitration imposes an obligation of confidentiality on parties to the arbitration. This includes the applicant(s), respondent(s) and arbitrator(s) but does not, of itself, include witnesses or service providers to the proceedings - parties need to protect confidentiality from them by contract. How the ...


1

It is possible to argue this and I have one one case in my career in this fact pattern (involving an unauthorized change to a key provision in a final draft of a big dollar, complex business transaction with a contract document that was almost a hundred pages long and had been reviewed by counsel, and when, a few minutes after the previous draft was reviewed ...


1

Modifying a contract makes it a counter-offer. An offer or counter offer is only available for acceptance, creating a contract, if it is communicated to the other party. Whether it was communicated or not will depend on the facts of the particular case. Factors that will matter include: If industry usage or past dealings between the parties are that such ...


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