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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. […]
General Litigation

Want to Make a Federal Case Out of It?

You may have heard someone say: “Don’t make a federal case out of it.” But what happens if you do want to commence a federal case? Both the federal government and each of the state governments have their own court systems that hear criminal and civil cases. Federal, State — or Both Below are the […]
General Litigation

Taxes on Personal Injury Awards and Settlements

Hopefully, you will never need to know how payments for personal injuries are taxed. But here are the rules, just in case you or a loved one does need to understand the rules. Payments for Physical Injury or Sickness Are Federal-Income-Tax-Free Payments you receive as compensation for physical injury or physical sickness are federal-income-tax-free (Internal […]
General Litigation

Five Things You Should Know about Demand Letters

Demand letters are often the precursor to filing a lawsuit. But they can also be an effective tool in resolving disputes before going to court. Commonly used by businesses, demand letters are often sent to demand money owed or restitution, but they can also be used to demand specific actions. Having your attorney draft a demand […]