If you or a loved one has been injured in some way when using a defective product in Kansas or Missouri, then you are possibly
thinking about litigation.
«The whole idea here is to
think about litigation as an enterprise in which you are trying --- as Clausewitz says about war --- to impose your will on the enemy.
So right before depositions, right before summary judgment, right before trial when they can't find anything, but I actually
think about litigation like an upside - down team.
So if
you think about litigation going left to right, the traditional practice of litigation all the way from the investigation through witness interviews, analyzing evidence, depositions, motions, trial, and then the eDiscovery process coming top to down and feeding into that litigation process.
Not exact matches
When you
think about patent
litigation today, you might picture scurrilous patent trolls lurking
about, hoping to sue hapless small companies on frivolous charges of patent infringement.
By contrast, I have heard of cases pertaining to some newer member states where the state in question would not even send a representative or written arguments to the court (here again I
think it was
about prejudicial questions, not infringement proceedings but it shows how specific countries approach EU
litigation in general).
The research showed that «plan sponsors and recordkeepers might not be on the same page in
thinking about topics related to improving the quality of the investment lineup, minimizing fiduciary risk / avoiding
litigation and reducing plan administration costs,» Jessica Sclafani, retirement director at Cerulli, said in a statement.
Climate activists excitedly report that climate
litigation «has the potential to reshape the way the world
thinks about energy production and the consequences of global warming.»
The more I
think about all of this, the more I become convinced that Mann entered into
litigation somewhat casually, if not light - heartedly, using other people's money in what he probably
thought would result in a quick resolution via apology / retraction by his targets.
Yet, when Western Wire asked Bookbinder
about this funding, he responded, «that's not for this... there may be
litigation attached to climate work but we don't
think of [the Boulder case] as climate
litigation.»
The
litigation, reinforced by science, has the potential to reshape the way the world
thinks about energy production and the consequences of global warming.
I know something
about securities issues, and if an e-mail in an accountant's production in a securities
litigation said what this one does, there easily could be discussions
about criminal liability (
think of an accountant speaking
about financial statements in a prospectus and acknowledging that «we did not get right at all»).
In particular, he asked
about New Hope Environmental Services, which was described by Dr. Michaels in
litigation as his sole source of income outside of modest speaking fees; Intermountain Rural Electric Association (IREA) and Tri-State Generation and Transmission Association, Inc., which paid Dr. Michaels $ 100,000 and $ 50,000 respectively, according to information Dr. Michaels provided in the course of
litigation; and the Heartland Institute, an industry - funded
think tank that published a journal on which Dr. Michaels served as contributing editor.
No one ever seems to
think about the workability of such
litigation: does a «7» have a prima facie cause of action if he or she is passed over a promotion for a «9»?
Cathy Kirkman blogs
about the state of libel
litigation in the blogosphere, linking to a recent essay titled «Libel in the Blogsphere: Some Preliminary
Thoughts» by uberblogger Glenn Reynolds.
In her 30 + years in practice, she has handled just
about every kind of lawsuit you can
think of — from shareholder derivative suits to medical device
litigation, from disputes
about insurance (life, title, commercial general liability) to claims based on federal statutes (RICO, TCPA, ERISA).
There are a number of things you should
think about when deciding to proceed with defective product
litigation.
Find out if the lawyer you are
thinking about hiring is willing to advance
litigation costs.
Separation Agreements are your best bet if you are
thinking about reducing costs of
litigation and divorce.
I started to
think about this as I read my own recent story
about Alma Asay, the former Gibson, Dunn & Crutcher litigator who founded the
litigation management platform Allegory.
We believe readers of our publication will win more cases as they will possess the latest strategic
thinking about jury consulting,
litigation graphics, advocacy graphics, trial technology and the use of trial technicians to help manage the trial presentation.
The ability to take a couple of hours here or there and let people use the space... We've seen lots of new startups, lots of new community - minded projects in areas, things in the soft IP side of things, not just patents, but trademark, copyright,
litigation types of matters that now when people
think about those types of issues, the first thing that comes to mind is Dunlap Codding.
We produce an annual report to our clients and friends of the firm each year that is entitled «Looking Forward», which includes observations from all of our practice groups
about what we
think may lie ahead based upon the securities regulators» priorities and emerging trends in financial industry
litigation.
Of course, in some instances, when we feel strongly
about a certain case and are confident that we can win, it can be quite frustrating if cost considerations prevent us from conducting
litigation in the manner that we
think would get the best results.
Alison Burrison, Partner at McLeish Orlando LLP will speak
about this case and provide her
thoughts on the information that plaintiff lawyers need to provide to their clients when discussing and offering the option of
litigation loans.
However, in the 21st century, digitized access is also critical in order to promote Canadian innovation in the space and to foster new
thinking about an accessible and transparent court system and the all - too - murky
litigation process in ways that would simply not otherwise be possible.
Aaron Street: Yeah I mean I
think this can be taken too far, so if you had an example like Brad where he only represents criminal defendants and therefore there's no risk of him having a conflict come through the site when he's getting actual information
about actual cases, but you could see in a
litigation, let's say a family law lawyer, if their website were trying to collect information to provide tools as both an intake and access to justice solution that you potentially run into tremendous conflicts of interest problems there and I
think obviously any lawyer considering pursuing this for their firm should
think through the implications of their particular situation, but I
think what Brad's doing is awesome in the context of his criminal law practice and I
think there are versions of a similar model that could be used in something like your debt collection defense practice or a small business startup practice or an estate planning practice, but that doesn't mean that it's a model that should be replicated by every lawyer in every practice.
So, given my assertion that the billable hour is here to stay in
litigation and insurance defense (insurance defense generates $ 30 billion in legal fees annually by the way), let me turn to the interesting article that got me
thinking about this topic.
It would also allow clients extra time to create and maintain a detailed record of all CASL compliance efforts which has been undertaken by the organization that may be used to establish a credible due - diligence defense, and «another thing they should be
thinking about is establishing a
litigation response team, having a written plan where they know internal personel, external advisors, who can respond to CASL complaints and private
litigation and other type of regulatory enforcement or law suits.»
Most intellectual property
litigation is, I
think it fair to say,
about something else.
Could you tell LM a little
about your experience in ERISA
litigation and how this contributes to your
thought leadership in the employment sector?
CAMPBELL: The difficulty in talking
about the big cases, I look at the little cases, and part of my concern is that where you may see some of the court decisions that become problematic for the areas in which you are involved because,
think of the companies, and they may be reasonable size but not huge, that don't have an in - house IT person, don't have an in - house counsel and maybe cloud computing for servers, and they have got a major piece of
litigation and they don't have a policy.
With the enormous amount of data now involved in
litigation — just
think about how many e-mails and electronic documents you look at on an average day — e-discovery is a complex and mostly misunderstood area of the law yet is often integral to the
litigation process.
I
think that most people would be rather upset
about the lack of fairness in the eBay process if they were determining disputes over $ 1,000 — not to mention criminal and family
litigation.
Only a couple of days ago the CBC's Ontario Today did a segment entitled «so you
think you are covered» and their lines instantly lit up with (former and current) accident victims calling in to complain
about the years and years of denial and delay they endured — sometimes over a decade — as there cases dragged on and they were worn down by the «inherently expensive» vagary of medico - legal expert assessment treadmill which drive personal injury
litigation.
As a result, he understands how those companies view
litigation and what they
think about you and your case.
I have been
thinking a lot lately
about what it takes to learn
litigation support — I mean really learn it.
Sometimes I
think about this website and my aspirations to give back to the
litigation support community by helping people who are interested in a
litigation support career, and I reflect on my past professional experiences, my interactions with team members, supervisors, service providers, and colleagues.
Apart from paying their nominal filing fees, parties do not have to
think about how their
litigation conduct will affect public resources.
By
thinking about where they came from, these departments have realized that years of
litigation have given them one precious thing that may help — enough historical data to build tracking and prediction methods for the future.
Two things got me
thinking about power of attorney
litigation.
Now I am
thinking, based in part on the posts above, that an especially effective way for a young lawyer or law firm to make a name in this arena (and to learn a whole lot) would be to start blogging astutely
about the emerging challenges and opportunities that surround marijuana
litigation and legal practice.
«It is something to
think about when you are doing your estate planning: who's going to be left to deal with these issues when you pass away,» said Anderson a partner with Bales Beall LLP whose practice covers all aspects of
litigation involving wills, estates, and guardianship matters.
I am not saying that I have a magic formula, but after four decades plus of serving as a civil
litigation lawyer, I do have some
thoughts about what can be done to improve the prospects of getting a settlement.
Mitch also spoke at the Clio Cloud Conference in New Orleans to share his
thoughts about using technology and specifically, VR, AR, MR, and AI, during
litigation and in trial (click to watch)
Our blog is full of interesting and useful
thoughts about trials, juries and
litigation.
Litigation and Dispute Resolution Concentration Students
thinking seriously
about becoming a litigator / trial lawyer should consider this concentration.
Blank: Basically every company, big and small, troll and non-troll, will need to bear any new exceptionality standard the Supreme Court devises in mind when they are
thinking about bringing a patent
litigation, because their costs for losing even what they
think is a legitimate patent case could be significant.
The sorts of judicial policies I am
thinking about are access to justice, judicial economy and minimization of
litigation expense, as explained in leading decisions such as Hryniak, Danyluk and Housen.
The theme for Forum 2012, «Revitalizing Courts with Enhanced Technology and
Thought - Provoking Reforms: The Modernization Challenge», is designed to challenge attendees with leading edge sessions, including Enhancing Access to Justice Using Technology and Going Beyond Technology: Revisiting Fundamental Assumptions
About Traditional
Litigation.