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Showing 1 to 25 of 475 Articles matching 'Litigation' in related articles.

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1. Litigation - The Role of the Expert Witness November 05, 2009 Modern society is run pursuant to the rule of law. For all the groaning this results in, not to mention lawyer jokes, the rule of law allows us to set forth basic methods of doing things such as contracts and rules of conduct. When a dispute arises, however, litigation can commence. When the matter is something intellectually complex, the use of an expert witness is called for. So, just what is an expert witness? Well, it is someone who is considered knowledgeable in a particular field based on their training and experience. An oncologist who has worked for 20 years is an expert when it ... (read more) Author: Thomas Ajava

2. Wrongful Death and Punitive Damage Claims November 05, 2009 A wrongful death action sounds like something that would constitute a criminal case. Alas, it does not. It is a civil action. This means that a jury or judge finding in favor of the plaintiff would render an award of monetary damages in most cases. That doesn't mean, however, that punishment isn’t dealt out as well. In civil litigation, it comes in the form of punitive damages. To win any civil lawsuit, you need to show the element of damages. If a person slanders you by screaming untold curses that are not true, it really doesn't matter if they do it in the middle of the Sahara where no... (read more) Author: Thomas Ajava

3. HIPAA (Health Insurance Portability and Accountability Act of 1996) November 05, 2009 What is HIPAA? The Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), also known as HIPAA, was enacted as a Congressional attempt to reform healthcare. The purpose of the Act is to: Improve portability and continuity of health insurance coverage in the group and individual markets; To combat waste, fraud, and abuse in health insurance and health care delivery; To promote the use of medical savings accounts; To improve access to long-term care services and coverage; To simplify the administration of health insurance; and Other purposes. Title... (read more) Author: Swapna Manikssys

4. Civil Litigation - Jury Versus Bench Trials November 05, 2009 The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both. You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well... (read more) Author: Thomas Ajava

5. Mesothelioma - The Asbestos Ban That Wasn't November 05, 2009 The litigation surrounding asbestos and Mesothelioma has been legendary. It represented the little guy against huge corporate entities. The entities prevailed for a very long time, but ultimately the fact asbestos exposure was causing Mesothelioma and lung cancer could not be avoided. Eventually, the government moved to ban asbestos in products and then the controversy started. The great asbestos wars of the 1960s, 70s and 80s were iconic. The issue of whether asbestos in products caused health problems was highly disputed. The manufacturers claimed that it didn’t. Workers claimed that n... (read more) Author: Thomas Ajava

6. Pro Se Litigation Information November 02, 2009 "Pro se" is a Latin term meaning "for oneself". Pro se litigants are people who represent themselves in court, both in criminal and civil proceedings, and both as plaintiff and defendant. Of course, we commonly see this on television programs such as Judge Judy and Judge Hatchett. But there are people all over the country who represent themselves in court. In fact, over 25% of actions filed in the US Federal Court system in 2007 were from pro se litigants. Pro se litigation is used for all sorts of cases. If you are charging an ex with stealing your money, or defending your rights in a di... (read more) Author: Amanda Yanik

7. Avoiding copyright infringement November 01, 2009 There are many instances where you or your company could be engaged in copyright infringement without even knowing it. For example, if one of your employees uses a company computer to host, share, or download pirated materials, you are in danger of copyright litigation being brought against you. The answer to this problem is to ensure that you have a clear acceptable use policy laid out for your employees and ensure that it is followed and implemented as strictly as possible. Even a single individual who engages in these nefarious activities can put an entire organisation at risk. This is exac... (read more) Author: Alex Stanley

8. A commercial litigation attorney Hoboken October 31, 2009 There are several practices and fields of law that require specialization to help move past legality complications. If you are searching for assistance for legal difficulties, then understanding the different types of lawyers that are available ensures that you are able to get the best results needed. Finding a firm that practices with a team of attorneys that can win your case and offer the best advice in Hoboken nj is the beginning to getting the perfect assistance for your needs. From a commercial litigation attorney Hoboken nj to finding those who deal with creditor's rights attorney Hobok... (read more) Author: Dhaval Shah

9. The different specialization areas for lawyers October 27, 2009 Finding a firm that practices with a team of attorneys that can win your case and offer the best advice in Hoboken nj is the beginning to getting the perfect assistance for your needs. From a commercial litigation attorney Hoboken nj to finding those who deal with creditors rights attorney Hoboken nj, is the ability to get legal guidance for every need. There are different specializations that are a part of the law firms through the country, as well as practicing attorneys. While each lawyer is required to move through the basic understanding of law in school, most will move into a speci... (read more) Author: rohit kathuria

10. File your lawsuit with a Litigation lawyer October 27, 2009 A Litigation lawyer is a legal advisor who resolves public or private legal matters through trial or negotiation. He is an expert with vast knowledge of laws and legal matters. If you find yourself in any kind of dispute (whether it’s a civil, public, or even private matter), you should protect yourself and hire a litigation lawyer. Litigation lawyers are civil attorneys with expertise in solving civil and criminal matters. If you have a legal problem, contact a litigation lawyer, make an appointment, and discuss your matter in detail. A litigation lawyer will handle the entire legal pro... (read more) Author: roby john

11. Is Mesothelioma Still A Concern In These Modern Times? October 27, 2009 The scourge of Mesothelioma is one that we've never found an answer to. Associated with asbestos exposure, the question these days is whether it is still a risk given the large amount of litigation and partial asbestos ban that have been in place since the late 1980s? The answer might surprise you. Mesothelioma is one of the odder cancers you will find. It gets its name from the organic geography where it can be found. The internal organs in your chest area must move to function. This can cause friction, heat and trauma. To keep it from happening, the body has a material known as mesothel... (read more) Author: Thomas Ajava

12. Liability Issues - Understanding the Concept of Causation October 26, 2009 Most people seem to have a general understanding of how the court system works in civil cases until things enter the courtroom. Most movies and television shows tend to focus on the drama of the situation, but few focus on what exactly is trying to be achieved. There are different things that need to be addressed. In this article, we take a look at the concept of legal causation. Every civil litigation case requires that the suing party, called the plaintiff, prove certain elements before they are allowed to recover damages. The most common lawsuit is based on a claim of negligence. In s... (read more) Author: Thomas Ajava

13. California Business Lawyer protects your business. October 26, 2009 A business lawyer can protect and wisely resolve any of your business issues. Many times a social or legal issue is created as a result of personal conflicts and can cause problems in a business. Sometimes, a legal problem can even result in business shutdown, huge loss of revenue, or lots of dollars spent to settle simple and sometimes irrelevant issues. A professional California business lawyer can handle all kinds of business issues. A business lawyer has expertise, training, and immense knowledge of laws and their origins. Generally big corporations employ permanent business lawyers,... (read more) Author: roby john

14. To Will or Not to Will October 22, 2009 To Will or Not to Will? By Donald M. Banman, Attorney To Will or not to Will, that is the question? Whether 'tis nobler to let your family fight over what you've got and to suffer the slings and arrows of litigation fortune, or to properly have a Will prepared against the sea of troubles called intestate succession. Hamlet and humor aside, a properly drafted Will can make life a lot simpler for loved ones after you're gone. It's a fact of life, most of us do not want to face our own mortality and put off having a Will prepared. For those of us who live and who will die in Texas, we are fo... (read more) Author: Donald Banman

15. Part thirty six Offers - Payment Into Court.... October 19, 2009 Part 36 Offers - Payment Into Court. If you are involved in civil litigation with a party and is locked into dispute over the value of a claim, for example a personal injury claim, you can make what is known as a Part 36 offer to that other party in the dispute. It is a tactical measure which is frequently used by personal injury lawyers to resolve disputes over quantum or the value of a claim. If used effectively it can bring the other party in the action to his knees due to the effect it has on cost. If therefore you are ever involved in a dispute over money as in the case of personal injury... (read more) Author: mohsin khan

16. Legal Help in a Truck Accident Claim October 19, 2009 The aim of a truck accident attorney is to assess driver records and investigate whether they are verified. In case the data is falsified, the lawyer checks it with the number of hours a driver is permitted to stay on the road by the Federal Motor Carrier Safety Regulations. The driver or trucking company may vindicate his log and keep the truck on the road for a longer period. The document is maintained by both the driver and the trucking company. A truck accident attorney who is experienced in this field is able to identify the inconsistencies, if any, in the document in the event of litigat... (read more) Author: Andrew Ethan

17. Auto Accident Causes October 16, 2009 potential hazards. Fallen trees, road debris and utility poles can also cause serious accidents. In other cases, such as the Firestone tire recall litigation, vehicles and/or their component parts may be defectively designed or manufactured, causing serious injury or death. ">“In 1999, there were an estimated 6,279,000 police reported traffic crashes, in which 41,611 people were killed and 3,236,000 people were injured; 4,188,000 crashes involved property damage only.” Usually, accidents are caused by the negligence of one or more drivers however, other factors such as poorly maintained ... (read more) Author: Lore Pelagia

18. 4 Reasons Not to Hire a Shredding Service October 15, 2009 In today's business environment, there is no more vital issue than document security. No matter what the size and scope of your business, you can't be too careful in avoiding litigation, federal fines, or being put at a competitive disadvantage because your confidential data, or that of your clients, customers, or employees fell into the wrong hands. With so much at stake, it would seem that putting your trust in an outside company to do your shredding for you is not the answer. The best and most effective way to ensure that your confidential documents are completely destroyed is to do i... (read more) Author: Jeff McRitchie

19. Shredding Laws and Your Business October 14, 2009 It is no longer a matter of common courtesy for you and your business to shred your customers' confidential information. The rise in identity theft crimes has caused congress to act by passing three major pieces of legislation that require businesses to completely destroy any documents containing certain kinds of sensitive information before discarding. The penalties and fines can be steep, ranging from $1000 to $500,000, not to mention the risk of civil litigation and liability. The three pieces of legislation are known as FACTA, HIPAA, and GLB. In this article we will dive into each of these... (read more) Author: Jeff McRitchie

20. Early Case Assessment in the Litigation Process October 14, 2009 Early case assessment is the process where risk in terms of time and finances is estimated for the prosecution or defense of a legal case. Legal discovery and disclosure requests for electronically stored information (ESI) using e-discovery and paper documents are used regularly by global organizations. In excess of 90% of cases settle before trial. Frequently an organization may find that there is a need or requirement for case settlement for any reason, but regret the fact that so much time and money was in fact spent on the case. The costs of legal discovery are generally the heaviest... (read more) Author: ajax z

21. Civil Litigation - Common Law versus Statutory Law October 14, 2009 If there is one area that confuses people more when it comes to the law, it is the differentiation between common law and statutory law as applied to civil litigation and, really, the legal world as a whole. In this article, we take a stab and explaining the difference in a manner that is actually understandable. The first place to start is with a definition of each. Ironically, it is also the easiest way to understand the differences. Common law is a collection of legal precedents that are decided by a court. Statutory law is a collection of hard and fast laws that are created by a legi... (read more) Author: Thomas Ajava

22. Litigation + Business Ownership A Competent Valuation Expert October 13, 2009 The challenge of a business valuation expert is to provide, what can often be complex and detailed, information in a cogent manner within a brief period of time. The characteristics of closely-held corporations, including the lack of a ready market for the stock, make the task of valuation a particular challenge to the lawyer”. When an appraisal is needed Most statutes are general; therefore, judicial precedent may be a determinative factor in what methods to value are used and are governed by the individual state. Most businesses possess Goodwill, which is beyond the value of oth... (read more) Author: Carl L bizvals

23. The Business and Financial Interest Valuation Primer for Advisers October 13, 2009 (As Published by the American Institute of Certified Public Accountants: Chapter 8) There is no asset that appears to confound advisors more than ownership in a business enterprise; perhaps, more so, a partial interest in a business or real property. The sheer number and impact of legal and financial issues has a myriad of implications on value. It is human nature to steer clear or minimize the net result of these issues, as they can be daunting. However, in the absence of substantial and independent conclusions that are empirically supported, opinions of value are mere guesses. Such ... (read more) Author: Carl L bizvals

24. Douglas Colt's Work Experience from 1999 to 2002 October 12, 2009 Douglas Colt had his internship at Irvine, California and was a Summer Associate at the “Gibson, Dunn and Crutcher” during the summer of 1999. “Gibson, Dunn and Crutcher” is a firm that believes diversity is an essential tool to their continuous success as one of the leading law firms in the world. By creating such an environment, “Gibson, Dunn and Crutcher” believes that the firm and its clients benefit from this collaborative and unique practice. Being with “Gibson, Dunn and Crutcher,” Douglas Colt was able to learn a number of skills such as drafting legal briefs and memoranda for liti... (read more) Author: Douglas Colt

25. Hemorrhoid Cure May Involve Surgery October 12, 2009 Two acceptable procedures may provide a hemorrhoid cure for people suffering the condition – fixative an hemorroidectomy. Fixative Procedure for Hemorrhoid Cure is Non-Surgical A hemorrhoid cure method known as fixative is designed to reduce the blood flow to a hemorrhoid with the result goal being it shrinks and goes away. These various non-surgical procedures have been successfully used to eliminate most small and many large internal hemorrhoids. Procedures include rubber band litigation and coagulation therapy. There are termed “fixative” procedures for hemorrhoid cure because their ef... (read more) Author: Dave Nalin

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