More Thoughts on E-Filing

How do you start a lawsuit? The answer in a lot of places and under many situations is by electronically filing a document!

Key Differences Between California State Courts and Federal Courts in Litigation

Federal courts tend to be more structured, with stricter rules and procedures. This can be both a blessing and a curse. For one, it ensures that cases are handled with a high level of scrutiny and professionalism. However, the process can also be slower and more expensive due to the complexity of federal cases.

Recovering Fees and Costs

Once a party wins a lawsuit, they do not automatically get their costs and attorney’s fees repaid. Instead, they need to get the court to approve the amount of money they spent. This ensures that the prevailing party does not claim an exorbitant amount of fees and costs. To do so, they may submit a “bill of costs,” listing all of the expenses they incurred in the suit. A clerk may approve some and disallow others.

Personal Injury Litigation

It is very tiring and cumbersome dealing with an entrenched insurance industry that controls the court system and the legislature. The New York State court system is barely functional. Cases that should settle within 1 year often take 5 years. The insurance industry has figured out how to get the court system to work for them, rather than for the people.

Comments on Recent Cases: August 2024

Many lawsuits arise from allegations that the defendant did something terrible. And, consistent with the plaintiff’s claim that the defendant’s conduct was awful, many complaints allege that the defendant intentionally inflicted emotional distress on the plaintiff. But not all misconduct gives rise to an “IIED” claim.

Preparing to Take a Deposition

Before the day of a deposition, the lawyer needs to identify the documents she intends to ask the witness about. These should include all of the documents she has questions about and the documents she wants the witness to authenticate. There may also be some “standby” exhibits that the lawyer is ready to show the witness if the need arises.

Demand Letters 2.0

A demand letter will rarely convince someone that they are wrong, because few people ever believe that they are wrong. But if a letter contains a good explanation of the relevant facts and law, it can help the other side's lawyer explain to their client why it may be better to settle than to litigate.

Litigation in Ireland

The first step in a personal injury case is for a plaintiff to go to a personal injuries board, which is designed to take pressure off of the courts. The board sends the plaintiff to its own doctors. The board then sends a proposed settlement figure to the parties and, if both parties accept the figure, they can avoid court. This process can take nearly a year and a half.

Comments on Recent Cases: July 2024

A major issue that arises in defamation litigation is whether the statement at issue is a fact that can be proven true or false or whether it is an opinion. Only a false statement of fact can be the basis of a damages claim, and so a judge must decide whether the statement is a fact before the question of falsity can go before a jury. And the legal definition of a fact may differ from how many people understand it from generally using the word.

Civil RICO Lawsuits

RICO claims fail a lot because they attract a lot of plaintiffs but require such technical expertise that most lawyers do a poor job of asserting them. Also they are particularly appealing as a last resort for claims that could not succeed in a more straightforward claim.

Case Law Research, Part Two

I think that the best lawyers read court decisions constantly to know what the latest interpretations of the law are. And I confirm that any lawyer that submits a citation to a case in court should actually read the case to understand it and the applicable law.

Turnover Proceedings

A defendant may oppose the proceeding by claiming that her rights to the property are not undermined by the creditor’s judgment. She may do this by arguing that she is distinct from the judgment debtor and the property really belongs to her, without any obligation to the debtor.