A blog about the work lawyers do to win commercial disputes by Will Newman
Court fees tend to be a problem. The filing fees are based on the amount in dispute and there is no limit. They could be tens of thousands of euros or more and there are separate fees for appeals. We had a case involving the recognition of a nine million euro foreign arbitral award and for the appeal alone, we had to pay 45,000 euros in court fees.
Read MoreLate last month, I argued an appeal. It was a classic debate over the extent to which an out-of-state defendant is subject to personal jurisdiction in another state. Just as lawyers learn in their first year of law school, the court must consider the contacts between the defendant and the forum state. And a defendant must explain why the case is similar to previous cases that decided against jurisdiction, and different from those that held otherwise.
Read MoreLastly, not all arguments in litigation are resolved through legal research and case citations. Many day-to-day disputes are argued by claiming that one position is unreasonable or that it is so unusual that another lawyer is surprised the other lawyer would even think to assert it. These arguments imply that the other lawyer is bad at their job; that they are acting unreasonably or so outside of the accepted bounds of the profession that the other side is genuinely surprised
Read MoreSeparate from the criminal law associated with death, plaintiffs can bring civil litigation claims against defendants, alleging that they caused the death of another person and seek damages to compensate for the loss. While this may sound duplicative of the criminal law process, it operates somewhat differently. The procedure is more similar to a traditional business dispute, although with the drama and distress that comes with the loss of life.
Read MoreAlthough Islamic Dispute Resolution organizations are relatively new here in the US, I must say there have been individuals and Islamic scholars who have provided service in this field for many years. Specifically, there have always been Imams and community leaders who have helped resolve community and family disputes. Their work has been a motivation for me to also serve in this area and make further progress by establishing a more formal structured organization.
Read MoreSuccessful plaintiffs often present testimony and evidence about the distress they suffered. This may include evidence that the plaintiff sought professional help for the emotional distress or the testimony of witnesses who observed a demonstrable change in behavior. Some present expert witnesses that can describe the suffering that a plaintiff may feel in a specific situation.
Read MoreContractors who perform different projects often have a master services agreement and then specific statements of work for each specific project. This format allows parties to negotiate overall terms in one agreement and then focus on specific details when discussing specific work without the need to redo basic terms or fret about consistency of their obligations. But it is not always clear when a master services agreement applies to a statement of work.
Read MoreAccording to an appeals court, the elements of a defamation claim in New York are: “a false statement, published without privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and, it must either cause special harm or constitute defamation per se.”
Read MoreA lot of law firms represent clients because their clients bought an insurance policy and the insurer retains the lawyer to represent the policyholders. This makes the relationship between the law firm and the insurance company very valuable for the law firm, and as a result, the law firm may provide the insurance company favorable rates. The insurance company may have a “panel” of lawyers it refers matters to, and those lawyers are called “panel counsel.”
Read MoreThere are trials, but they do not look like American trials. In fact, canonical trials much more resemble continental European trials, especially in that canonical trials are largely document-based with little, often no, direct confrontation between sides and witnesses.
Read MoreMost cases settle, but lawyers generally read about cases that proceeded far enough through litigation that a judge wrote a decision. And the decisions that form binding legal precedent usually reflect cases that were not only litigated, but also appealed. Still, there is a lot to learn from the stories of cases that settle.
Read MoreA jury needs to be instructed on many different subjects, not just the elements of the claims at issue. For example, the law dictates what evidence is, what cannot be considered as evidence, how the jury should deliberate, what burden a plaintiff needs to carry to win, and how to calculate the amount of damages to award. In order to enable the jury to apply the law to these subjects, a judge must instruct them.
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