A blog about the work lawyers do to win commercial disputes by Will Newman
Surprises also arise before trial. Sometimes in discovery, lawyers will discover emails that contradict their understanding of the case. And sometimes, parties will make surprising offers to settle (or not to settle) or decisions about what arguments to pursue. Lastly, I am often surprised by lawyers acting weird, which they frequently do.
Read MoreSome defendants may also litigate cases that cost more money to defend than to settle because they want to set their own internal precedent. They want potential plaintiff to know that they will not hand out easy settlements to anyone who sues them, but instead will fight. This may cost short term losses, but may save money in the long run by discouraging additional weak lawsuits.
Read MoreAlthough the Swiss legislature allows for the electronic filings of submissions, this has so far not become common practice. Electronical filings require the use of officially accredited platforms and digital signatures. Some of the courts offer this possibility, others don’t.
Read MoreI wrote the cover story in the most recent issue of Litigation News, a publication of the ABA Section of Litigation. It is about a split among the federal appellate courts concerning whether laws that prohibit gender affirming medical care to minors are constitutional. And it considers how different framings of the same law result in different levels of scrutiny that courts apply.
Read MorePlaintiffs normally sue defendants to recover for a loss they suffered. In fact, a plaintiff often must show “standing,” or the fact that they are the right party to sue the defendant because they are the ones who suffered the loss the defendant caused. But in some situations, a plaintiff may sue to recover money that the defendant stole from the government.
Read MoreEmojis, once seen as playful expressions, now carry significant legal implications. A recent Canadian court ruling offers a stark example. It determined a thumbs-up emoji acted as a digital signature, binding a business to an $82,200 contract.This ruling underscores that emojis are not mere decorative flourishes; rather, they can bear legal significance in business transactions.
Read MoreEveryone is different, and there is no secret to persuading any individual person. But in general, people respond to messages tailored to them. And so a good presentation to a jury often involves speaking directly to them. This means eye contact with the jury, and it means speaking towards the jury.
Read MoreLower-level courts often consult with the higher-level courts before trial to be assured that their judgments will not be appealed, which works quite well for simple disputes. But when it comes to complex disputes between large corporations, the lower-level courts cannot really issue an unappealable judgment.
Read MoreThe preservation of emails and other electronic documents is important in litigation. The deletion of files, even for benign reasons, can result in punishment in litigation. But a judge has wide discretion in imposing that punishment, and the penalties are not automatic.
Read MoreAnti-SLAPP statutes do not apply to every lawsuit involving speech. Instead, just as the right to free speech has exceptions for commercial speech, these statutes do, too.
Read MoreA 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.
Read MoreUntil 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.
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