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General Litigation

The Strict Letter of the Law

Sometimes, regardless of how careful you are or how careless an injured victim was, you can still be held liable for damages. It’s a legal doctrine called strict liability. And the principle can be applied in product liability cases. In general, strict liability applies to inherently dangerous activities, such as keeping wild animals near small […]
General Litigation

Safety Is Your Business, Too

Business owners have a legal responsibility to make sure their premises are reasonably safe, and failure to do so can land a company in court. Whether you own a store, an office building or another business that is open to the public, you must take the following steps: Regularly inspect your premises to ensure there […]
General Litigation

Using Subpoenas and the Discovery Process to Help Prove Your Case

When you are involved in a lawsuit, there comes a time where you have to submit evidence to the court that supports your position in the case. This happens whether you are the plaintiff or defendant. You may have documents and your own testimony to help prove your case or defense. But there also may […]
General Litigation

Structured Settlements to Resolve Personal Injury Matters

A popular way to compensate personal injury victims is with “structured settlements” because of their tax-free treatment and ability to provide financial security. A structured settlement is an agreement made to settle a monetary claim or lawsuit. It provides for a series of payments made over a period of time, rather than in one large, […]
General Litigation

Challenging the Authenticity of Documents in Court

Let’s say that you are in the middle of a trial, and you want to submit documents that you believe are the accurate documents but you need to prove they are so. Or you may want to challenge the validity of documents submitted by someone else. There are certain steps you can take to do […]
General Litigation

The Limits of a Successful Daubert Challenge

In the wake of a 1993 Supreme Court case, challenges against expert witnesses have found greater success. In that case, two minor children and their parents alleged in a lawsuit that the children’s serious birth defects had been caused by the mothers’ prenatal ingestion of Bendectin, an antinausea prescription drug marketed by Merrell Dow Pharmaceuticals. […]
General Litigation

The Basics of Judicial Decisions

Many of our impressions about the American judicial system come from our exposure to television and the movies — from the defense of murder suspects on Perry Mason to the investigations leading to multimillion dollar settlements depicted in Erin Brockovich and Michael Clayton. Courtroom Drama on the Big and Little Screen Television Perry Mason 1957-1966 The […]
General Litigation

Four Types of Civil Relief When Filing a Lawsuit

When you’re thinking about legal action, one of the main considerations is: “What can I expect to gain?” The remedies generally depend on: The nature of the claim, How much harm you suffered, The defendant’s conduct, and The court itself. Briefly, there are four types of civil relief available if your rights have been violated: […]
General Litigation

Antitrust Laws Designed to Foster Competition

When you hear the word “antitrust,” you may think of Microsoft or IBM — or, if you’re looking at historical cases, Standard Oil, American Tobacco and Ma Bell.  As a small or medium-size business, you might think antitrust law is an issue you don’t have to worry about. Defining Antitrust Behavior     The difference between […]
General Litigation

To Sue or Not to Sue?

Going to court to settle a dispute is sometimes necessary, but it can take time and money, destroy valuable business relationships and reveal details that you may prefer to keep secret. Of course, court isn’t your only option. You can try an alternative dispute resolution, which gives two options: The Courts and the Law   The […]