Finding Good Cases

A trial court decision from the relevant trial court can be useful, especially since these are even more numerous and thus more likely to have cases with similar facts. This is especially true if you need case law on issues that people may not frequently appeal, such as some kinds of discovery disputes or minor matters. Trial court decisions, however, may be even more helpful since they may themselves cite helpful appellate decisions that some other lawyer or court personnel found that may not have appeared in your search.

Litigation in the Netherlands

Until February 2022, we still faxed documents to court. But now we can send some procedural documents to court digitally, though some things we still need to file physically. Zivver is the online service we use to send documents electronically to Dutch courts, although in some of the district courts, you can use email.

Comments on Recent Cases: November 2023

Parties in a commercial dispute have to follow laws and contractual obligations. But they must also act reasonably, even if there are no specific rules governing a particular act. This is because judges often find ways to punish litigants for unreasonable conduct.

Opening Statements

A major challenge in an opening statement is setting the right tone. The lawyer should earn the fact finder’s trust and seem credible, since he or she is asking the jury to see the case the same way that they do. Doing this requires some confidence, but not too much confidence that the jury is put off. The lawyer must also explain the facts, but not go so far into detail that the statement is dry or boring.

Demonstratives

A prime use of a demonstrative is to emphasize an important piece of evidence. If there is a written confession or a damning quote, showing it to the audience may make it harder to ignore than just describing it. And if there is a photograph that makes it easier for the audience to truly understand the facts, showing it may be easier than describing the scene alone.

Litigation in Japan

According to the statistics published by the General Secretariat of the Supreme Court of Japan in August 2023, at the district court level, among all the cases which ended in 2022, 45.8% of the cases ended with judgments, but 32.8% of the cases ended with a settlement.

Comments on Recent Cases: October 2023

I have seen several cases in which a plaintiff sues defendant for the acts of a third party. Often, the defendant argues that the third party is to blame, but this argument may not work if the defendant signed a guarantee on behalf of the wrongdoer.

Judgment Enforcement Challenges in Mexico

In Mexico City, I estimate that it takes an average of a year to a year and a half to get a decision from the lower court. But I had a case that took ten years to get a judgment from the lower court and I have also had cases that proceeded to judgment in two months.

Disputes with Clients

Many client disputes arise because the client’s expectations were not met. And one way to address this is for a lawyer to frequently advise a client on what to expect. This means both frequently communicating with the client, and giving the client notice of the likely, and even some unlikely, things that can take place. Litigation is unpredictable, and while it is impossible for a lawyer to tell a client how a case will proceed, it is helpful for a lawyer to share as much as possible to keep a client from surprises.

Local Rules and Individual Practices

Local rules often provide rules about the formatting of documents (like what fonts and spacing and margins are acceptable) and page limits. They may also require things like tables of contents, additional filings that explain other filings, or specific statements to be made in filings. For example, many federal courts have a local rule 56.1 that requires a statement be made in connection with a motion for summary judgment that sets forth the undisputed facts.

Litigation in Bosnia and Herzegovina

The 2022 reforms to the justice system includes the establishment of a Commercial Court which was approved in Parliament in May 2022. The Commercial Court will be comprised of judges with experience in commercial matters. It will examine cases involving “commercial disputes” relating to claims over €2.000.000, but in addition, irrespective of the amount in dispute, the Commercial Court will have jurisdiction to also hear all matters relating to competition law, intellectual property, and arbitration.

Comments on Recent Cases: September 2023

In addition to awarding the amount due on a contract in litigation, a court can award interest that runs from the date the amount was due. In many jurisdictions, the interest rate can be high. In New York, for example, it is nine percent. In Massachusetts, it is twelve percent. Not only does this provide an incentive for defendants to avoid breaching contracts, but it also provides an incentive to resolve litigation quickly.