A blog about the work lawyers do to win commercial disputes by Will Newman
By 1847, Mormons settled in Utah, Southern Idaho, Nevada, and Arizona. They were isolated and far from the center of the federal government. Although there was a territorial government, where they were, ecclesiastical institutions were more vibrant and powerful. Therefore, the Church court system was the dominant way to resolve disputes in pioneer Utah throughout the 19th century.
Read MoreLitigants often argue to the court that a trial is not necessary because the claims fail as a matter of law or because all of the evidence in the case can only support one side. But there are some kinds of claims that are difficult to dismiss before a trial because the evidence is almost always imprecise and requires a judge or jury to evaluate credibility. Employment discrimination claims, for example, often involve competing statements by witnesses, and so it usually cannot be said that all of the evidence supports only one side.
Read MoreSince judge’s are often very reluctant to interact with any party without hearing from the other side, judges are often reluctant to grant relief unless there is a real emergency. As a result, judges will often hand write on the proposed order their edits or cut out entire sections, limiting the order to what they are comfortable doing having only heard from one side.
Read MoreWhen people appeal, it is usually because they think the lower court made a mistake or used bad reasoning. But fixing mistakes or correcting reasoning is not the only thing that an appeals court may look for. And so petitions for leave often make other arguments besides a need to change the result in the petitioner’s own case. Instead, petitioners may argue that taking the case is important for reasons broader than the individual interests of the parties to the case.
Read MoreThe courts in Zimbabwe are open to the public. However, with the introduction of virtual hearings, the public has no access to such hearings. It is only where the hearings are held physically that the public can watch the proceedings.
Read MoreNew York courts allow a plaintiff to sue someone who receives an invoice without objecting to it. Unlike a traditional breach of contract action, an “account stated” action just is limited to whether the invoice was delivered and whether the defendant objected.
Read MoreAfter a bench trial concludes, each side will have a copy of all of the exhibits that came into evidence and a transcript of all of the testimony. Instead of relying on the judge to comb through all of that evidence to decide what the facts are, the parties will do that themselves and then present the judge with “proposed findings of fact.”
Read MoreEvery organization should have a formal data incident response plan, but most can be simplified to one overarching element: call your cybersecurity counsel immediately. This puts your best player on the field in the first minute of the game. In doing so, you can establish an attorney-client privileged communication channel at the outset. Your outside counsel will serve as your advisor and concierge, coordinating the incident response.
Read MoreThere are not many special courts in Sweden. Many judges have to handle both commercial cases, but also crime and family law.
Read MoreSince litigation is expensive, many people rely on their insurance carriers to assume the costs of a lawsuit. But insurance often contains exceptions to coverage, there are often lawsuits to determine whether the insurer is obligated to defend.
Read MoreAmicus briefs are still formal documents, not just a comment in a website’s comments section. This means that, even though a brief may nominally come from a person or organization, it is really written by a lawyer and in the style of a legal argument. The brief must explain who the “amicus” (the “friend of the court” who is offering the brief) is, why they have an interest in the case, and then set forth the amicus’s argument.
Read MoreI sometimes work with private investigators who call and meet with people to learn more about the subjects of an investigation. And sometimes I do this work myself, picking up the phone or writing emails, contacting people who may have helpful information.
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