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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 […]
General Litigation

Filing and Settling a Wrongful Death Claim

Money cannot replace a loved one who dies tragically. But it may provide help for the medical bills, funeral costs and the loss of income from the person who died. If the survivors believe the death was due to the negligent, reckless or intentional actions of another person or entity, they may seek economic and […]
General Litigation

Supreme Court Quiz

When the U.S. Supreme Court first met in 1790, there were six justices (so the answer is A). The number of justices fluctuated until 1869, when it stabilized at nine. FDR’s Proposal “What is my proposal? It is simply this: whenever a judge or justice of any federal court has reached the age of 70 […]
General Litigation

Legal Motions Play a Key Role

Litigation can be filled with procedural twists and turns. In civil, criminal and administrative cases, attorneys make motions — or requests — to courts on behalf of their clients. Motions can be made before, during or after a trial. They may play an important role in the outcome of a case. Motions can be filed […]
General Litigation

Business Interruption Claims Require Professional Help

Smart company owners and executives obtain business interruption insurance — and possibly contingent business income coverage if the operation relies heavily on outsourcing or a particular supplier. The idea is that the policy will compensate the company for lost earnings if a devastating event forces it to temporarily close down operations. But the calculations and […]
General Litigation

What to Expect in a Deposition

Let’s say you’ve been summoned to give a deposition. It might send shivers up your spine, but it may be the one time you can tell your story. Only there’s no judge, no jury. A deposition is a strategic tool that lawyers on both sides use to dig for the facts before a case goes […]
General Litigation

Indemnity Provisions: Shift Liability from One Party to Another

Companies seeking to avoid liability from other parties can include broad indemnity provisions in their contracts in hopes of shifting financial responsibility for injuries to another party. An indemnity agreement is common in construction projects and other transactions. It is a provision that legally indemnifies (protects) one party against certain future losses or claims from […]
General Litigation

Advocacy vs. Neutrality: Overcoming the Expert’s Dilemma

Scenario: An expert forensic accountant is hired by the plaintiff’s counsel to determine economic damages in a financial dispute. The expert meets with the attorneys and the clients to discuss the key elements of the case. They talk about what is expected, as well as the expert’s background, credentials and any potential conflicts of interest. […]