Archive for May, 2008

Us Litigation

us litigation

The Risks of Litigation Without an Attorney

Are you having any plans of pursuing a litigation case without the aid of an attorney? You should think twice because you have better options than this. It will be much wiser to hire a litigation attorney than handling a lawsuit alone.

Going through a court proceeding without the representation of a legal counsel is referred to as “pro se representation”. Even though pro se litigants are protected by law, this is often frowned upon in Los Angeles. Self-representation in court may just waste your time and efforts and result in losing.

Although court does not require plaintiffs or defendants to have an attorney to represent them in various types of litigation processes, opting to proceed on your own may lead to an adverse outcome. Such drawbacks include:

• It may cause undue delay since you may not be that familiar regarding the court procedures as an experienced litigation attorney. Unfamiliarity with the legal processes may create confusion and inconsistencies, hence, driving up the time and costs.

• Resolution may take more time and small procedural errors may occur without an attorney to supervise your lawsuit.

• Pro se litigants may lack knowledge on the proper decorum and practices in court. Improper or abusive practices, which are not allowed in court, may lead to penalties or restrictions to the complainants who performed such acts.

• Lack of experience and familiarity with legal processes might cause pro se litigants to sacrifice or forfeit their legal rights.

• You may commit legal and tactical errors, which the other party may take advantage of.

• Pro se litigants may have their lawsuits dismissed when they fail to comply with the court requirements.

• Pro se litigants are often seen doubtfully by the judge or jury since they prefer to deal with litigation attorneys who are more familiar with the legal procedures

The cost of hiring an attorney is what often provokes individuals to self-representations. But considering the better chances of winning your case with the help of a legal representative, it is also more probable that you will earn back your payments for all legal expenses. This includes recovering other compensations from the defendant. The costs you will incur from getting legal services are bound to return to you.

It is highly advisable to get representation from attorneys who are experienced, knowledgeable and skilled in litigation instead of going to court alone. Pro se litigation entails more disadvantages than it does well.

Since a good number of litigation attorneys are scattered all over the United States, it is of utmost importance to choose a legal representative wisely. In Los Angeles alone, there are so many law firms to choose from. Making a mistake of selecting your attorney will also be bad for your case.

Attorneys are good for any legal conflict brought upon by certain circumstances. They can offer immense help in negotiation, court litigation, out-of-court settlements, and conducting trials.

Legal advocates could either be general practitioners who handle various types of cases, or those specialists who have their expertise on their chosen field of law practice. Whom you need will of course depends upon the kind and severity of your legal problem.

Don’t carry the burden of litigation alone. Proceeding without help involves extra tasks, which could be time consuming and frustrating.

Handling your claims will be much easier and less stressful with an attorney by your side. If you need legal assistance in pursuing a personal injury claim, a Social Security disability claim, an unlawful employment claim, or a business dispute, the litigation attorneys of Los Angeles are sure to give you a helping hand.

Take advantage of our expert Los Angeles litigation attorneys’, no win, no fee legal services, Log on to our website now and fill out our case evaluation form now.

Renting a car for six days, is it necessary to purchase insurance? Two of us, one doesn’t own a car, otherdoes

A friend is visiting. I don’t own a car. We will rent one and drive to a national park. Most of the driving will be going and returning, with not too much driving in the park(though some). She is insured under her mother’s policy, and the car is in her mom’s name also. But do we need to purchase insurance for the rental car? We would both like to share the driving. It seems the cost of insurance and for additional driver is actually more than the cost to rent the car. We don’t want to be left without insurance, if something should happen. But I know that sometimes a person is covered by their insurance company for their own car, even when renting a car. I also hear about credit cards(I have several) providing insurance when you rent a car, but I also hear it may not be reliable or substantial coverage; or that it is very hard to collect and it could involve years of litigation. I am not knowledgeable about it. What is the best way to be safely insured yet also save money?

You will need to purchase all of the insurance the rental car company offers. First, you don’t own a car and don’t have insurance so you need it all and second, your friend’s mother’s insurance will not transfer to the rental car. ONLY the named insured on an auto policy has coverage on the rental car. You must buy the liability and the comprehensive and collision coverages. One of your credit cards MAY provide coverage but make sure you check & get a copy of the credit card agreement that shows this. Sometimes they only pay the deductible on any collectible insurance, if you don’t have insurance, this would not apply. You are correct, it could be minimal. Also, to collect, you would have to present the claim to them and this would be AFTER the rental car company charged YOU for the damages. It could take months to collect from the credit card company.
Another thing – you have to name BOTH of you on the rental contract. Only the owner of a car can give permission for someone else to drive it & the owner is the rental car company. So, if one of you was not listed on the contract & had an accident, there would be NO coverage anywhere, not even if you purchase there insurance.
I don’t see a way to save money here, unfortunately. Renting a car and buying all the insurance and naming all the drivers is expensive but going without the proper coverage will be more expensive in the end.

Takeda sued Wockhardt for patent infringement on the para IV diabetes drug, Actos, the Japanese drug major Takeda Pharmaceuticals and its U.S. subsidiary has filed a patent infringement Para IV litigation in the U.S. against the Mumbai-based Wockhardt Ltd and its U.S. subsidiary, Wockhardt USA LLC and Morton Grove Pharmaceuticals Inc, for alleged initiatives to produce and market the generic version of the oral type 2 diabetes drug, Actos.

Litigation Essentials Lexisnexis

litigation essentials lexisnexis

Litigation Document Productions

litigation document productions

Solving the Document Problem in the London Insurance Market

In terms of the global insurance industry and the complex subscription market risks on which London has built its reputation, the devil remains in the details. Whether electronic or hard copy, documentation is the foundation of the insurance and reinsurance industry. From a client’s perspective, it’s the most important part of the business process and getting a document wrong can mean problems or litigation. Since the insurance promise is based on a written contract, the industry’s most important product is the policy documentation which lays out the criteria for coverage and the basis for payment of claims.

The way in which documents are created has lagged behind the non-subscription market carrier programs, despite being the only element seen by clients.  London is rightly moving towards a greater use of technology within its processing, including electronic policy and claims documentation.

 The need to eliminate debatable wordings remains pivotal to the ability to accurately underwrite and price risks. It also reduces the number of disputes over the validity of claims which are not only time-consuming and expensive, but severely damage the reputation of individual underwriting companies. Automating the documentation creation process will lower these costs and risks.

Capturing the Risk Details

The key components are the risk details. Capturing the right details, whether in words or numbers, is vital to business management and risk exposure. An effective document automation solution enables accurate capture of both words and data and produces quality documentation. Claims and disputes have shown the dangers of ‘loose’ document production and brokers and insurers have been compelled to address this challenge, not only to satisfy the needs of clients but also in order to comply with the Contract Certainty Code of Practice. Yet, how many organisations still rely on basic word processing packages to manage complex document assembly throughout negotiations between the various parties in the process?

The technology now exists to provide brokers and underwriters of all sizes with a solution that enables them to build complex and bespoke contracts via an easy to use web interview. And, the benefits go beyond pure document production. Document Automation helps underwriters and brokers to deliver business solutions which cut time, error and risk from their contract development process.

Industry Leaders Embrace Document Automation

Global Insurance Broker, Willis Group Holdings, will be using document assembly software to create slip documents in online templates via a series of questions.  The documents are then rendered into Word files that data can be extracted from or added to.  The relevant insurers are also able to access the data from the slip.

Jonathan Prinn, COO of Global Placement at Willis said, “As a major broker representing multi-national clients with complex risk requirements, we will be using document assembly software to help us streamline and accelerate the speed of data capture and to eliminate error for enhanced account management and customer service. One of the key benefits of the system is that it provides greater controls to deliver contract certainty as well as transparency.”

Similar comments were heard from a major underwriter. Teresa Beach, Head of Transformation for the Catlin Group said, “We face competitive pressures globally and as such we need to produce timely and accurate policy documentation in local markets to remain competitive.”

The Right Solution

To be truly effective, a document automation solution needs to be flexible and able to manage a library of wordings and clauses, as well as capture key contract data appropriately at the different stages of the placing process. It must then build the contract and produce a client document that will satisfy the firms’ compliance officers and lawyers.  Les Doel, Head of Administration at Lloyd’s broker Croton Stokes Wilson notes, “One of the key issues we had to consider when reviewing our software options was flexibility and ease of amendment.  If the MRC guidelines change or new compliance rules need to be incorporated, our templates can be revised in minutes and published to all users instantly.”

Clearly the benefits which can be delivered by this technology are now available and are in fact, in use by market practitioners.  An effective insurance industry solution can capture the complete range of risk and contract details and create a range of insurance documents (from quote to policy or certificate) that meets the needs of the client. 

In the end it comes down to this:

• Insurers and brokers need to avoid legal issues which can arise when incompatible wordings, coverages or inaccurate information are included in the contract. 
• Compliance with Contract Certainty remains a key regulatory objective of the FSA and a challenge which underwriters and brokers must continue to work together to achieve.
• Clients and brokers must provide accurate risk and contractual information and insurers and brokers must ensure that all terms of the contract are complete as well as clearly and unambiguously expressed, including any conditions of subjectivities.  All of this must be done before the insured and their insurer(s) enter into the contract.

By solving the document problem in the London Market with the right document automation solution each of these issues is addressed. The market needs to embrace solutions which can deliver and manage document content (both words and numbers) in a timely, accurate and cost effective manner. Significant steps have been taken by the London market in the move towards electronic transmission and exchange of data. The next step is to use document automation software to improve the quality and accuracy of insurance documents and reap the benefits of this competitive advantage.

Encore Discovery Solutions Adds Harvey Yarborough as Senior Sales Consultant
PHOENIX, AZ–(Marketwire – 08/03/10) – Encore Discovery Solutions, a knowledge-based provider of electronic discovery and related services, has announced that well-known litigation consultant Harvey L. Yarborough has joined the company as Senior Sales Consultant. He is based in Alabama and will focus on the fertile Southeast legal market. Mr. Yarborough will serve as a business development …

Litigation Workflow

litigation workflow

Ten Things You Should Know About Document Discovery

In the U.S., document discovery in litigation has its own practices. Efficient document discovery can save large sums of litigation costs. Even in other countries, efficient document “discovery” can substantially enhance the chances of success in lawsuits. If you cannot locate critical documents that support your arguments, you could lose genuine claims in a court of law.

1. Document discovery means retrieving and producing documents that substantiate your claims, whether in the context of a lawsuit or a compliance audit. In today’s context, over 90 per cent of discoveries are electronic discoveries, i.e. discovering documents stored in an electronic form.

2. If electronic document management systems are good, document discovery is far easier than the physical discovery of paper documents from the mass of papers, files and filing cabinets. However, proving the authenticity of electronic documents can face some special problems.

3. Just opening an electronic document can change the metadata associated with the document, with the user not even being aware that it has changed. Metadata can sometimes prove critical for supporting the claim being made. The substantial content of electronic documents is also quite easy to change, making them suspect as authentic evidence.

4. The metadata attached to electronic documents, such as the automatically recorded “date of modification” and the person who created it can help prove specific points. Electronic documents are often required in their “native file” state to access such metadata.

5. Electronic repositories are often cleared automatically of old files to make space for new documents. Volumes of electronic documents such as e-mails and saved chat messages can mount to huge quantities if such periodic clearing is not done. This can sometimes mean losing valuable documents that substantiate legal claims.

6. Regulations like Sarbanes Oxley Act have made it a serious offence to destroy electronic records once litigation has commenced, or even if one is suspected. A “legal hold” is placed on all documents, including e-mails, once such an event occurs. The inability to produce all relevant documents can also lead to adverse judgments against the defaulter.

7. Producing electronic documents in their native format is not always required. Instead, they can be printed out or converted into such formats as a PDF document before being produced. It is acceptability of the document to the litigants that is important. For example, converting a computational spreadsheet into PDF can lose all the computational details, and might affect the document’s value as evidence.

8. Electronic documents can exist in several versions and copies, possibly stored in different places such as local workstation computers, network servers, laptops and even home computers of employees. The document management system has to exercise tight control in such a situation to ensure that the legal admissibility of the documents is not affected.

9. Document management systems restrict access to documents, make unauthorized changes difficult, maintain audit trails of all actions done on each document and exercise strict version control that authenticity of electronic documents is preserved.

10. Where documents exist only in backup or archive media that are not on-line, their discovery can prove expensive and burdensome. In such cases, the parties might agree on sharing the costs of discovery if the documents are classified as “inaccessible” by law.

Electronic discovery, while theoretically easier, faces several problems that affect their acceptability and special training might be required to educate staff about relevant issues. There are resources like EDRM that can help with electronic discovery issues.

the business of law in a litigation and business representation firm?

For a busy well established litigation and business law representation firm that is in change, can anyone enlighten me as to a marco perspective of the model for the business functions of practicing law? specifically for the case where a partner has retired, another partner is assuming the lead of the firm, and while busy, the firm, in nearly every aspect, is sorely in need of modernization with regard to the operating procedures. The best way to move the work from the front door…to the file closing: the workflow through the firm, the books, the recording, the management…. basically the system flow structure. what standard operating procedures should be implemented? Looking to transition technologies for practice management, time and billing/ firm accounting. The software suite aspects I understand, What is the biz model / office operating processes; day2day,records;to manage the office and the business of this business. Can anyone show a crash course in firm accounting and SOP’s?

You have a complex problem. To answer I am going to assume that you are the new managing partner.
Don’t expect to be an expert in all things.
Find through executive search firm or referral an office manager who can move the firm out of the 19th century. There are a series of steps to implement the process.
The most important advice that I can give you is that your paper system must work before you convert to a computer based system (work flow). Map it out and decide if that is the best method. If it doesn’t work now it will be a bigger mess when you convert.
There are numerous software packages available for a legal firms. Let your new office manager do the research and make the recommendation to you. After all they have to live with it day to day. The software companies will give the all the information you will ever want to know on the work or system flow. After all that is the basis of their software package and expertise.
Do you really want to be an accountant? Talk to your CPA firm and get their recommendation. Remember, the current CPA firm may still be in the 19th century too.

This is not something to decide on price it is your lively hood on the line. Do it right the first time. If you try to do it all you will no longer be producing income and you will become overhead.

DeepDive start Escout ™ Data Loss Prevention Platform to bring the endpoint system without the need for software … DeepDive Technologies Inc., an Arizona-based Information risk management solutions, today unveiled its patent-pending automation Escout ™ platform.

Sample Litigation Attorney Resume

sample litigation attorney resume

Carl Person – Air date: 02-28-08

Marketing Litigation

marketing litigation
Can I get My Escrow Back? Seller and Transaction Broker Lied?

we need help fast. We were in a lease/purchase contract. The sellers agent/realtor (also our transactional broker – big mistake I know!) is a parent to the seller of our home. They did not bother to disclose to us the real cause of mold in our home. We are now backing out of contract and have offered to let them have our $25k ($15k of which is in Escrow). Now they’re wanting more due to market crashing, want us to pay taxes, utiliites etc.. What chance do we have of getting our $25k back if we pursue litigation? Or could the seller sue us for more? The contracted stated an extended close. Please help!!!!

Any real estate transaction. You must be notified by the broker that they are related to the seller. Of course each state has there own rules and regulations. The mold is another matter. If you have contacted the broker/seller of the mold prior to assuming the home or had it inspected before then you would of covered yourself. As you have been advised by another persons answer get a real estate attorney.

Social Media Marketing and Copyright Law

Pure Performance Based Internet Marketing Strategies for Attorneys, Lawyers, and Law Firms

Burbank, CA (PRWEB) – Every year over 6 million people get into a car accident in the United States. Drunk drivers cause over 40% of these incidents with a 50% injury rate. 25% of the population suffers falls that result in physical damages, many occurring to young children and the elderly.

A multitude of these spills take place in businesses because of faulty safety precautions while numerous car accidents happen as a direct result of negligence by unwary or intoxicated drivers. Being a victim of such traumatic events inevitably raises the alarm to sue the party causing the damage.

When searching for a personal injury attorney through the Internet it is no surprise at how many PI lawyers show up under the simple search request for “personal injury attorney”. For the personal injury lawyers that want to offer their services to those that have been wronged, matching the kind of plaintiff that meets the needs of the firm is just about as difficult as it is for the client to find the right attorney.

Legal firms are businesses and as such require revenue in order to stay afloat in addition to making a profit. As every personal injury attorney knows, not all cases of personal injury, regardless of right or wrong, will result in a favorable settlement either for the client or the company.

The internet is a wonderful resource but the key to utilizing the net in its most productive fashion is to be able to get the recognition needed to be ahead of the competition while at the same time gleaning and qualifying those inquiries away from the mass of people that will never be the right candidate for litigation by the firm.

According to the attorney Internet marketing experts at iMajestic (www.majestic.com ) – “Search Engine Optimization (SEO) is the process of dynamically and effectively transmitting your website’s original and unique content to search engines and bringing forward the best, most up-to-date and effective solutions enabling your website to be instinctively visible and naturally rank higher than others offering the same or similar products and services.”

SEO is more than a computer or cyber science because it involves an intrinsic understanding of how web crawlers operate as well as intimate knowledge of the business being marketed. The ability to incorporate the two so that it translates into search engine results that bring more than just a large number of “hits” to the home page means being able to direct traffic that not only fits the right profile of clientele but inquires that will go beyond the home page and convert to true customers.

With over 1 million attorneys in the United States alone and with almost every single one putting out their own web site, getting attention to any one particular site takes more than luck and talent, it takes experience, up to date information on the latest rules of engagement as well as the ability to show successful track record of performance. The professionals at iMajestic have come up with a unique solution for the skeptic and conservative lawyer who wish to minimize the risk of Internet marketing. Simply put, iMajestic has created a fool-proof, 100% guaranteed method of marketing called Pure Performance Based Internet Marketing.

The idea is basic and brilliant; Get results from Internet marketing before paying.

The unheard of concept of proving ability prior to compensation allows for personal injury attorneys to reap the benefits of quality, robust world wide web marketing campaigns that guarantee the firm will garner qualified clientele without spending any money to do so. Just like the attorney that takes the case on a contingency basis, so does iMajestic, generating preferred results, pleasing the customer and then accepting payment for a job well done.

For more information about this revolutionary approach to Internet marketing and business relations go to www.imajestic.com or contact them direct at 1-866-851-2402.

Texas Litigation Forms

texas litigation forms

How to Terminate the Real Estate Contract

A real estate sale is usually initiated by an offer from the buyer to the seller, written on a real estate contract form, and backed by a monetary deposit. If the seller accepts the offer, the buyer and the seller are bound by a legally binding contract. While the forms vary by locality, the essential terms include the offer amount, legal description, names of the parties, and date of closing. In addition to these terms, the contract interweaves numerous contingencies, disclosures of information, and procedures that dictate responsibilities of buyer and seller. The contract is the road map that takes you all the way through to closing. It is very important to understand its terms and follow them carefully. If it becomes necessary to terminate the contract, your close adherence to contract terms and procedures is critical.

Loan Contingency

Your contract may contain a provision that the buyer must be approved for a specific mortgage loan and interest rate. If the mortgage cannot be obtained within the prescribed time, the buyer may terminate the contract and receive a refund of deposit. If it becomes necessary to terminate under this contingency, you should be prepared to document that you took prompt action to obtain the loan, received a written rejection, and gave notice to the seller within the time limit set by the contract.

Termination based on credit disapproval is likely to cause anger and disappointment on the part of the seller. The seller may feel that he has been misled into signing a contract with an unqualified buyer. When anger and strong emotions enter into the transaction they may lead to difficulty in resolving the termination.

Title and Survey Review

Contracts usually provide a title review period for the buyer. The buyer may object in writing to defects noted in the title documents. If title defects cannot be cured, you have the right to terminate.

In the same vein, the buyer usually has the right to review a survey of the property. If construction is found to overlap building lines, or if there are encroachments on the property, you may choose to terminate your contract.
It is worthwhile to promptly consult an attorney if you have some concerns about the title documents or survey. Your objection to title or survey problems must be made in writing within the time frame allowed by the contract.

Review of Seller’s Disclosure

In Texas, sellers (with some exceptions) are required by law to provide a seller’s disclosure notice to the buyer. On this form, the seller answers questions and provides information about the property. If the buyer receives the form after the contract has been created, he may terminate the contract within a certain number of days after receiving the seller’s disclosure. The receipt date of the disclosure should be documented in order to establish the start date of the review period. Be careful to avoid confusion about when a time period starts running.

Mandatory HOA Review

In areas where there is a mandatory homeowners association, the Texas contract allows the buyer a period of time to review Subdivision Information. This information is normally supplied by the HOA manager after the contract is created. After receipt, the buyer has the right to review the documents, and possibly terminate the contract. Again, the termination notice must be given within the time limits in the contract.

Inspection Contingency

Contract procedures to allow the buyer to conduct inspections of the property vary from region to region. In some areas, the buyer may terminate if repairs exceed a pre-agreed dollar amount, and seller declines to make the additional repairs. In Texas, the buyer is allowed an “option period,” during which time he has the unrestricted right to terminate the contract. Inspections are done within the option period.

Inspection issues are the most common reason for contract termination. During the inspection period, there is usually some re-negotiation of the price or terms in order to resolve repair issues that have been brought up by inspections. It is crucial to get inspections done, deliver repair requests, and negotiate contract amendments, or, if necessary, terminate the contract, all within the time guidelines set by the contract.

Contingency for Sale of Other Property

In some cases the buyer may have a contingency for the sale of a certain property, usually the buyer’s current home. If this property does not close by a certain date, the buyer may have to terminate. As with other termination procedures, giving notice to the seller within the required time is critical. By allowing this type of contingency the seller has accepted the risk that the contract may not close.

Lead Paint Contingency

Federal law requires that sellers of homes built prior to 1978 notify the buyer of any knowledge or inspections that they may have regarding lead paint. The buyers are allowed a period of time to review materials and conduct their own inspections. If lead paint is found, the buyer may terminate the contract within the prescribed time frame.

Finalizing Termination

We have touched on the most common termination clauses in standard real estate contracts in Texas. Contracts used in other states, or provided by builders for new homes, or written by an attorney for a particular transaction will vary greatly in the contingencies and terminations clauses included. In addition, there may be ways to terminate your particular contract, other than through contingency clauses.

The important thing to remember is that the contract of sale is of primary importance to the real estate transaction. If you follow the terms of the contract and act within time limits, you may exercise the termination rights that the contract contains. If you fail to follow the terms, most contracts state that you have waived the right to terminate.

After you have given the seller notice of termination, two closely related steps must follow: The parties must formally terminate the contract, and the earnest money deposit must be released. If the buyer and seller agree to the termination, their agreement is usually formalized by signing a termination form. In Texas we have an “earnest money release” form that handles both steps – it releases the parties from further obligations under the contract, and instructs the escrow company to give the deposit to one party or the other. It is usually in the best interest of all parties to resolve the earnest money and contract termination issues as soon as possible.

If the buyer and seller cannot agree that the contract is terminated, the matter could lead to prolonged negotiation and possibly, litigation. In most cases, it is in the seller’s best interest to have formal termination of the contract, freeing him to put the property back on the market. However, occasionally, even when it is clear that the buyer has followed contract procedures, the seller may prolong the formal termination process. The seller may want to receive compensation from the buyer for the delay in selling the property. Buyer and seller may have conflicting points of view of the issue. The non- settlement of termination issues can result in additional time and money, and cause unwanted stress.

Most buyers do not enter a real estate contract with the intention of terminating. However, buyers must not take for granted that all will go as expected. If a contingency date lapses, you will lose the benefit and protection of the contingency. A good Realtor, in addition to helping you find the property, can be invaluable in helping you to meet your obligations under the contract and, if necessary, exercise your right to terminate.

Disclaimer: This article is provided as a service to the public. Nothing in this article is intended to serve as legal advice, or as a substitute for legal advice tailored to your specific situation and jurisdiction. If you have a question about an issue discussed in this article, you should consult an attorney directly.

Opexa Reconstitutes Scientific Advisory Board with Industry Leaders
THE WOODLANDS, Texas—-Opexa Therapeutics, Inc. , a company developing Tovaxin®, a novel T-cell therapy for multiple sclerosis , today announced it has reconstituted its Scientific Advisory Board with notable key opinion leaders in the MS field.

Litigation And Arbitration

litigation and arbitration

Arbitration: Why it May be in Your Best Interest?

Arbitration is a legal term for the resolution of disputes outside the courts. For the resolution to take place through arbitration there must be an agreement between two or more parties to have the dispute resolved by an arbitrator. An arbitrator is generally a well qualified, impartial attorney who reviews the evidence, hears testimony and acts as the judge and jury by rendering an opinion based on the facts. Arbitration is becoming more common, and may be in your best interest.

Arbitration can be extremely beneficial for the following reasons:

- Arbitration can be much cheaper than litigation in court. Litigation in court generally lasts for several days, weeks or even months. This can be a long process because each party is required to bring in several witnesses. Expert witnesses can be extremely expensive to bring into court. An arbitration is less formal than a jury trial. This allows the parties to use expert reports instead of live testimony from a witness. In some cases this can save the parties several thousands of dollars in litigation expenses.

- Arbitration is typically shorter than a jury trial. Since arbitrators generally have a vast amount of expertise in the area of law at issue, it is not necessary to explain everything in detail as you would a jury. Parties to the lawsuits are required to be at the trials and arbitrations. Since arbitrations can be much faster than a trial, you will not have to miss as much work or be away from your responsibilities.

- Unlike trials, arbitration proceedings and arbitral awards can be private. Once a case has been tried in the court system it becomes public record, including the documents and allegations. If the parties agree ahead of time, arbitration awards can remain confidential and private.

- Unlike judges, arbitrators can be chosen. In a traditional court system are almost always selected at random. The parties to an arbitration can choose a single common arbitrator. When parties cannot agree on a common arbitrator, a panel will be used. Each party will choose one arbitrator and then the two arbitrators will agree on a third.

- Arbitration decisions are generally binding and final. There are limited avenues for appeal from arbitration awards. Because of the expense and time associated with appellate litigations, arbitration can be extremely economic and beneficial to ensure your case is not appealed and retried to a jury.

Numerous courts have adopted a strong policy in favor of arbitration and other types of alternative dispute resolutions for the reasons listed above. When faced with a legal matter that cannot be resolved short of litigation, consider the benefits of arbitration; it may be in your best interest.

Melanie Black Dubis Serves As A Featured Speaker At Association Of Corporate Counsel Event
Triangle – RALEIGH, N.C. – Melanie Black Dubis and Art DeBaugh, partners at Parker Poe Adams & Bernstein LLP, presented at the Research Triangle Area Chapter of the Association of Corporate Counsel’s lunch-and-learn event, “Managing Social Media for Your Company: Communicating with 500 Million of Your Closest Friends,” on July 21. During the event sponsored by Parker Poe, Dubis and DeBaugh …

Litigation Statistics Us

litigation statistics us

Serious Injury Motorcycle Accident Cases are Complex Litigation – Part 1

Motorcycle accidents, unfortunately, often result in serious and catastrophic injuries. Some of the reasons are obvious, such as that motorcycles don’t have the surrounding metal cage, the safety designed interior padding, seat belts and air bags that protect auto drivers. Some of the reasons are less obvious, such as the “inattentional blindness” that impairs many auto drivers’ ability to “see” the oncoming motorcycle often leading auto drivers either to pull out into intersections from side streets or turn left directly into the motorcyclists’ path.

Motorcyclists may suffer quadriplegia, paraplegia, other spinal cord injuries, traumatic brain injury, TBI, debilitating internal injuries, catastrophic orthopedic injuries and limb amputations. Our serious injury motorcycle accident lawyers will discuss two of those categories of cases, involving TBI and spinal cord injuries. However, every serious injury motorcycle accident case is “complex litigation,” much more complicated than “who ran the red light,” and so it is very important that the seriously injured client obtain the representation of qualified lawyers, highly experienced in the preparation and presentation of complex litigation, motorcycle accident attorneys capable of competently presenting to the settlement judge and jury the full measure of the motorcyclist’s general and special damages.

We’ll contrast the ordinary and serious injury motorcycle accident case without in any way discounting the importance of the ordinary case, because every motorcycle accident case is important for the client and should likewise be important for the attorney. However, it would be inaccurate to say that the preparation or presentation of “general damages,” “past and future medical expense” or “past and future loss of earnings” is similar.

For many “motorcycle accident lawyers” the term “general damages” means “pain a suffering”; but for the true serious injury motorcycle accident attorney, the most persuasive general damage evidence is what we call “loss of enjoyment of life damages.” This is commonly the way our seriously injured clients see it. And it can be presented poignantly by juxtaposing the evidence of what the client enjoyed most in his life before the accident, through the testimony of friends, family, home videos and photographs, against a professionally produced “Day in the Life” film, demonstrating the courage of the serious or catastrophically injured client as he confronts and overcomes the challenges of his post accident daily life.

In the ordinary motorcycle accident case the Motorcycle Accident Attorneys might have to present some evidence of past medical expense, but presenting future medical expenses for the seriously injured motorcyclist is hugely more complex. For a more general discussion of motorcycle accident litigation you may consider >”How Motorcycle Accident Lawyers Present Liability Evidence”. The presentation of the motorcyclist’s future medical expenses commonly requires a number of treating doctors as well as medical experts engaged by the serious injury motorcycle attorneys, and then perhaps most importantly, a life care planner and forensic economist. In the briefest summary, the life care planner, under the direction of the lawyer will consult with the treating doctors and other medical experts first to derive the client’s post accident “life expectancy,” and then identify all of the medical expenses, such as additional surgeries, rehabilitation expenses, anticipated convalescent home costs, replacement prostheses, wheel chairs, all the way down to the cost of the medical supplies and sundries that the injured motorcyclist will likely require over the remainder of his anticipated life expectancy. The serious injury motorcycle accident lawyers will then present the life care planner’s report to the forensic economist who will increase the individual medical costs over by the anticipated date they will be required by use of medical cost inflation government statistics, and then with use general inflation statistics to reduce that number to “present value.” There is no other proper way to present future medical expense, and if not properly prepared, the Court will likely not permit the evidence to be presented.

Litigation statistics in the US?

I’m doing an essay and I want to know:

These are torts claims and represent a minor fraction of litigation. You would need to look at specific jurisdictions and not try to get so big as to encompass the entire country in your research. It’s untenable to look into that much data simply to pull out two minor types of torts.

Litigation Officer Jobs

litigation officer jobs

Choosing a Police Career the Life of a Police Officer

Police officers face many dangers in their jobs. Police officers are constantly being faced with the unknown and the unpredictable. They never truly know the outcome of any situation they enter into. This can make policing a dangerous profession. Dangers faced by police include death, increased risk of infectious diseases, and serious and minor trauma, both physical and emotional. These dangers are encountered in many different situations i.e. apprehension/arrest and investigation of criminals, conducting vehicle stops, investigating people and crimes, protecting the public from dangerous situations or individuals, investigating traffic accidents and witnessing the carnage that often results from those accidents, responding to suicides and directing traffic.

Individuals are drawn to police work for many reasons. Among these often include a desire to protect the public and social order from criminals and danger; a desire to hold a position of respect and authority; a disdain for or antipathy towards criminals and rulebreakers; the professional challenges of the work; the employment benefits that are provided with civil service jobs in many countries; the sense of camaraderie that often holds among police; or a family tradition of police work or civil service. An important task of the recruitment activity of police agencies in many countries is screening potential candidates to determine the fitness of their character and personality for the work, often through background investigations and consultation with a psychologist.

A police officer is a person who works for a police force. It usually only refers to those who have been sworn in as law enforcement officers, and does not include civilian support personnel. A police officer is employed in most cases by federal, state/provincial or municipal governments and has the responsibility (or duty) of enforcing federal, state/provincial laws along with municipal/city ordinances. They also have the responsibility of keeping the public peace. This is usually done by uniformed pro-active patrolling within their jurisdiction looking for and investigating law breakers, and by responding to calls for service. Police officers are required to keep notes of all situations in which they take action and appear as witnesses during both criminal prosecutions and civil litigation. One of the lesser-known but most time-consuming duties of officers is completion of documentation of activity (“reporting”).

It must be noted that the responsibilities of a police officer are extremely broad and not in any way limited to the duties mentioned above. Police are expected to be able to respond in some fashion to any and all situations that may arise while they are on duty. Also police must act as government officials in the cases of investigation. In some communities rules and procedures governing conduct and duties of police officers requires that they act if needed even when off duty.

The major role of the police is to maintain order, keeping the peace through enforcement of laws and societal norms. They also function to discourage deter and investigate crimes, with particular emphases on crime against persons or property and the maintenance of public order, and if able to apprehend suspected perpetrator(s), to detain them, and inform the appropriate authorities. Police are often used as an emergency service and may provide a public safety function at large gatherings, as well as in emergencies, disasters, and search and rescue situations. To provide a prompt response in emergencies, the police often coordinate their operations with fire and emergency medical services. In many countries there is a common emergency service number that allows the police, firefighters or medical services to be summoned to an emergency.

Police are also responsible for reporting minor offences by issuing citations which typically may result in the imposition of fines, particularly for violations of traffic law. Police sometimes involve themselves in the maintenance of public order, even where no legal transgressions have occurred.

Candidates for the police force must have completed some formal education. Increasing numbers of people are joining the police force who possess tertiary education and in response to this many police forces have developed a “fast-track” scheme whereby those with university degrees spend 2-3 years as a police constable before receiving promotion to higher ranks, such as plain clothes detective. Police officers are also recruited from those with experience in the military or security services. Most law enforcement agencies now have measurable physical fitness requirements for officers. In the United States, state laws codify state-wide qualification standards regarding age, education, criminal record, and training.

Police agencies are usually semi-military in organization, so that with specified experience or training qualifications officers become eligible for promotion to a higher supervisory rank, such as sergeant. Promotion is not automatic and usually requires the candidate to pass some kind of examination, interview board or other selection procedure. Although promotion normally includes an increase in salary, it also brings with it an increase in responsibility and for most, an increase in administrative paperwork.

After completing a certain period of service, officers may also apply for specialist positions, such as detective, police dog handler, mounted police officer, motorcycle officer, water police officer, or firearms officer (in forces which are not routinely armed).

In addition to any formal qualifications required, potential police officers should have a genuine interest in working with the public and possess an inquiring mind.

Most all police officers work in a police station. A police station is a building which serves as the headquarters of a police force or unit which serves a specific district. These buildings typically contain offices, various accommodations for their personnel and their vehicles (such as locker rooms and a maintenance garage), temporary holding cells, and interview/interrogation rooms. Alternative terms include precinct or precinct house for regional facilities of the New York City Police Department and other urban police departments in the United States, and detachment for local facilities of the Royal Canadian Mounted Police or division by the Toronto Police Service in Toronto, Ontario. District offices are used by the California Highway Patrol, and substations are used by county sheriff forces with more than one facility. A police precinct is a form of division of a geographical area patrolled by a police force.

Can a Lis Pendens be filed in this case?

To make a long story short…. I was severely injured on the job. Turns out employer did not have Workman’s comp in place. State law (Idaho) makes the officers of a corporation personally liable if Workman’s Comp is not in force. Litigation will start soon. Once lawsuit is filed, can we place a Lis Pendens on the real property on the corporate officers to prevent disposal or title change prior to judgment? Or, does this only apply to lawsuits that directly involve the real property? If possible, please provide a reference.

Sorry, a lis pendens ( in this case) a notice to warn that certain property IS THE SUBJECT MATTER OF LITIGATION and any interests acquired during the pendency of the suit are subject to the outcome of the litigation. I interpret a lis pendens to mean ( in this case) that the company property would have to be part of the subject matter of the case. In other words the litigation would have to center around the property.
What you actually need is a TRO to keep the defendants from disposing of any property until litigation is settled. The court may or may not allow you the TRO , if the D can prove up enough liquid assets. There should be a separate hearing for these matters. Your attorney sould file the proper motions and offer some proof that the D’s might try to cloak the assets. Not having any workers comp insurance would give the court enough reason to prohibit any sale of assets.

BLT, but hold the bacon? Price of pork bellies surges "What you have with bacon is what economists call inelastic demand"