Litigation Cases
litigation cases
Settlement offered in California rail crash
Commuter rail system Metrolink and its former train operating contractor Connex Railroad are offering to pay a $200 million settlement to victims and families of a deadly 2008 crash, according to a Wednesday filing in the U.S. District Court.
Definitions Litigation
definitions litigation
Why Copyright Your Work?
Let me tell you a story about copyright. Last week, I had a woman and we’ll call her Jennifer, give me a call and she said, “Kevin, I think I’ve got a copyright infringement action, can you help me?” And I said, sure, let’s talk about it.
And what she told me was that she had contracted to write an article for a magazine and in that contract was a thousand dollar fee, five hundred she get paid on contract and five hundred she get paid when the article published. So she wrote the articles, submitted it and it was denied. So get $500.00 for the original manuscript for the original part of the contract and then she just went about her business. A couple of months later, she was at the bookstore, pulled the magazine down off the shelf and there’s her article. And so she was upset about that and gave me a call.
Well, the first thing I asked her was—did she register her copyright and she said, no. And this happens a lot and so what happens next is something that hopefully as a creative individual, you never get involved in. We have to talk about the difference between having a righteous beef and the economic justification in enforcing that righteous beef because in her situation, when the contract is there and she has not registered the copyright before the infringement happens, basically what we’re talking about is a difference in remedy and the remedy for an unregistered copyright infringement, although she is protected by a copyright law, the remedies are different.
In this situation, she’s limited to one—an injunction which is basically a court order to make it stop or go to jail. These are usually handled when there is an ongoing infringement, so if somebody was continually publishing greeting cards relative to one that used the image of something that you did or if there were books being published that infringe your copyright and that was constantly happening or music or any of those things, the injunction makes it stop.
Now, in her situation, the magazine that already had been published, it’s not going to be published again, so making it stop doesn’t do her a lot of good. The other thing is what we call actual damages. Now, actual damages are just what they say. What harm really occurred here? Now in her situation, when we—we could definitely litigate and sue over this thing, but when we spent thousands and thousands of dollars to get through Federal courts and get all the way to a Judge or a jury saying, “Yup! That’s an infringement.” She would be limited to her actual damages and in this case, those actual damages are going to be all of $500.00. What they owe her on the backside of the contract and in this situation, she’d have to pay for her own attorney’s fees.
Now, if she would’ve registered that copyright before the infringement which caused all of $35.00 and you can do it online at copyright.gov, it’ll talk you only about twenty minutes for $35.00. If she would’ve done that, then the difference would be that on the table are statutory damages, which are anywhere from $750.00 all the way up to a hundred and fifty thousand dollars per infringement so you don’t have to be limited to just her five hundred dollars and number two, attorney’s fees are on the table.
Now, what this means in practice is that she won’t have to pay thousands and thousands of dollars and be limited to just the contract amount of her infringement situation and she’s going to be made whole by the interning fees. So what happens is in this scenario, it makes sense for her to engage in an attorney to send a letter saying that you guys have infringed the copyright action here. You are open to some significant damages of statutory damages and you’re going to have to pay attorney’s fees and why don’t we settle this right now for say ten thousand dollars and in that situation, the other side—this magazine would’ve taken the article and the letter and the draft to their in-house attorney or to their attorneys and said, what’s our situation and those attorneys would have done an analysis and in this case, we’ll assume that there was an infringement going on and come back and say, yeah, you shouldn’t have done that. We need to pay off the attorney’s fees here before they get out of hand and we need to pay off some demand of at least what the difference in the contract was because we could get dinged for that plus some additional damages.
So the key factor here is that if something is worth anything to you in terms of if you would be upset if somebody stole it and infringed upon it, you need to spend the $35.00, go to copyright.gov and register that content right away and do it for everything.
Now a lot of people will say, “Well, I can’t afford to register everything that I have for $35.00 a pop.” That’s fine, the choice is yours, but if it’s not worth $35.00 to you, it’s probably not going to be worth at least ten times that to enforce your copyright action.
So anyway, with that, I’ll leave you to your thoughts, but remember, $35.00 at copyright.gov is the best creative insurance policy an individual can have. Thanks.
Immigration Daily:
the news source for legal professionals. Free! Join 35000+ readers [Federal Register: August 3, 2010 (Volume 75, Number 148)] [Rules and Regulations] [Page 45475-45477] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03au10-1] ======================================================================== Rules and Regulations Federal Register …
Categories: Litigation Tags: court, definitions litigation, law,, legal, reference, research
Federal Litigation And Judicial Activities
federal litigation and judicial activities
Employers Holdings, Inc. Reports Second Quarter Earnings and Announces Third Quarter Dividend
Employers Holdings, Inc. today reported second quarter 2010 net income of $16.5 million or $0.39 per share compared with $20.3 million or $0.44 per share in the second quarter of 2009, a decrease of $3.8 million or $0.05 per share. Â Net income includes amortization of the deferred reinsurance gain related to the Loss Portfolio Transfer Agreement.
The Great American Bank Robbery, Hammer Museum
Santa Maria Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Santa Maria for Job Discrimination or Retaliation
Never have there been so many tools for Santa Maria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.
If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
In Santa Maria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Santa Maria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.
Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.
One of the best tools for Santa Maria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.
Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.
For Santa Maria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.
Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.
In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.
For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers providing care to sick family members may also violate federal law.
And all of these tools are still in addition to the tools Santa Maria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Santa Maria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.
It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Santa Maria by your employer, we invite you to call our office.
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Categories: Litigation Tags: court, federal, government, law,, legal
Litigation Edge
litigation edge
Non-compete Contracts as a Tool for Protecting Competitive Edge
We live in a highly competitive world where highly paid executives and business persons have easy access to trade, market, and consumer information. Unlike before, these executives and other employees are highly mobile, with the ability to easily move between firms, markets,and even competitors. The problem for the companies who operate within these markets is the danger that this mobility poses to their efforts to best their competition – a danger that can often be minimized through non-compete agreements. As of late, Michigan courts and the Michigan legislature have tried to deal with the realities of our 21rst century marketplace in dealing with the enforceability of non-compete agreements, and have expanded upon the rights of companies to utilize such agreements.
In Michigan, the validity of non-compete agreements is governed by section 4a of the Michigan Antitrust Reform Act, a statute passed by the Legislature in 1987, as well as the many cases interpreting that statute. Together, the statute and the case law set forth the parameters defining those agreements that are enforceable and those that are not. The statute seeks to strike a compromise between the protection of an employer’s competitive business interests and an employee’s right to earn a living. As such, courts interpreting non-compete agreements focus their analysis in four areas:
* The agreement must protect a company’s reasonable competitive business interest. Among the factors in determining whether the agreement protects a reasonable competitive business interest are the employee’s position in the company, compensation paid to that employee and the level and amount of specific competitive information acquired during employment, which may include such areas as trade secrets or special training conferred on the employee.
* The agreement must be reasonable as to the length of time the employee is prohibited from working in the line of business. Again, each case is ‘fact sepcific’ and numerous factors are analyzed in determine what is a reasonable length fort non-compete contract.
* The agreement must be reasonable as to the geographic area the employer seeks to prevent the employee from working in. While the employee’s immediate area of employment would most likely be upheld as a reasonable territorial restriction, wider restrictions require a greater showing that the agreement seeks to protect the employer’s reasonable competitive business interest.
* The agreement’s restrictions on the type of employment or line of business must be reasonable. Courts will look less favorably on deliberately vague, over-reaching or “blanket” agreements.
The enforcement of con-compete contracts in Michigan courts mainly occur on a case-by-case basis, with remedies that include the issuing of restraining orders or injunctions and the awarding of monetary damages.
To businesses who may be interested in utilizing non-compete agreements, it is important to note that even if one condition of a non-compete agreement is deemed unenforceable, it does not void the remainder of the agreement – leaving the rest of the contract valid and enforceable. Businesses of all types, especially those with multi-state operations, must also understand that the rules for non-compete agreements vary from state to state. What’s enforceable in Michigan may not be in one of our neighbor states. Moreover, in order to effectively face a dispute arising from a non-compete agreement, employers should not delay in acting on known breaches of such agreements. The longer an employer delays between the discovery of unlawful competition and pursuit of a legal remedy, the weaker becomes the employer’s request for injunctive relief.
Like any contract, non-compete agreements define the expectations of each party and are subject to negotiations, depending upon the bargaining strength of the parties. Employers should have legal counsel help draft these agreements to ensure that they meet the employer’s expectations and are enforceable. Employees, on the other hand, should review such agreements carefully to ensure that they understand the restrictions on future employment should they ever leave the company.
Also, be sure to remind those leaving your company of their legal obligations during any exit interview. In this way, employers will strike a favorable, yet serious business tone, while best ensuring that any non-compete agreement can be enforced, should the need arise. In an instance in which a breach is realized, a threat letter is usually the first step to ensure the parties abide by non-compete terms and avoid litigation.
Has anyone in NJ experienced a full blown custody trial and what was the outcome?
My husband filed for divorce in 3/2007 and we are undergoing trial at this time. He is seeking sole custody of our 3 children; I have requested joint legal with primary custody with me. I have been accused of alcoholism, drug addiction, child abuse and neglect. Litigation thus far has put me $268,000 into debt to keep my children. He has involved DYFS and the police multiple times. All allegations once investigated have been unfounded. I am the mother and have been my 3 childrens’ primary caretaker and nurterer for 14 years. My 14 teenager has told the Judge he wishes to reside with me. My husband’s motive is purely revenge and he has a tremendous financial edge. When the children are with me, they are with me only. When they are with him, they are pawned off to multiple caretakers because my husband’s job requires long hours and travel. Please share your experiences. Thank you
When my ex and I were in the process of divorcing we had a conversation that went something like this:
Him: I’m taking the kids and driving off with them.
Me: Over my dead body will you take my kids! I’ll burn your damn house down and flatten all your damn tires!!!!
Him: Knowing you, you would.
Me: Damn right I will! Do you dare me? Dare me, c’mon, dare me.
Him: Errr…well…no I don’t dare you. I was just talking and didn’t mean it. I gotta….I gotta….I just remembered I need to do something and I gotta go now.
Me: Then get the f–k out, there’s the door.
And that was the end of that conversation and my kids stayed right there with me.
Metal Storm Awarded Contract Volume Weapons Production Brisbane, Australia – (Marketwire – August 3, 2010) – Metal Storm Limited (ASX: MST) (PINKSHEETS: MTSXY).
Categories: Litigation Tags: appstore, court, law, litigation, litigation edge, technology
Litigation Privilege Defamation
litigation privilege defamation
What Is Defamation?
One of the more known concepts in personal injury law is the law on defamation. You often hear and read this in the news. Oftentimes it involves celebrities, television personalities or known figures in a grand superb conflict with another of the same stature.
Defamation, in law, is a general and broad term to include all false statements directed to someone, who then bears damage because of such imputation. Defamation may be committed either through writing or oral representation. The former is known as libel while the latter is called as slander or oral defamation. A malicious imputation through action is covered under the wing of slander. This is known as slander by deed.
Both kinds of defamation have different elements. But generally, for defamation to exist, the following must concur. First, there should be malicious and false imputation. Second, such defamatory statement should have been published. Third, publisher’s negligence, if it involves something that concerns the public. And finally, there should have been damage to the person imputed. Note that publication here is not given its usual meaning. For purposes of defamation, publication means that the imputation has been told to or been heard or read by at least a third person.
In most states and jurisdiction, defamation is the malicious imputation and damage to one’s reputation. But there are jurisdictions that accept mental anguish for defamation, even if actual damage to reputation is absent.
Laws on defamation vary across jurisdictions. Many have enacted statutes to strengthen the law on defamation. Other states revised, modified and altered this common law-originated concept such that cause of actions, defenses and elements greatly differ in one place to another. There are even some that allow retraction or apology to thwart full-blown litigation for defamation.
One of the forefront defenses in cases of defamation is truth. If you can show that what has been imputed is true, you may be cleared of the charges. Another defense is the privilege communication. In most jurisdictions, there is such a thing as absolute privilege where everything that will be said or imputed will never be actionable in courts. Best example is the speeches of members of congress done during sessions. Qualified privilege, on the other hand, would become actionable only as a defense depending on the circumstances. This includes factual reports without any comment or remarks.
Opinion may also come as a defense. If the comment is made as a mere opinion, it may not be a cause of action for defamation. As to whether or not it is an opinion would depend on the circumstances. There are other jurisdiction that while the statement is a clear opinion, if it was made based on a false supposition or fact, it becomes actionable for defamation.
Comments on matters of public concern are also a defense for liable or slander as the case may be. If for example the imputation is done about a controversy involving a public official, then the statement is not actionable.
In one case, New York v. Sullivan, the US Supreme Court decided that if a public official would be moving to file charges of defamation, he or she must prove that the statement is done maliciously or with gross neglect of what is true.
Private communications may not also be actionable in most jurisdictions. This includes communication between husband and wife, a patient and a doctor, a client and his attorney and so on and so forth.
Most of the time, since cases of this kind usually involve people in the limelight, filing a defamation lawsuit is not always wise on the part of the person impugned. This is because the defamatory statement, even if untrue, would just become more publicized. This is an overview of defamation as it can apply to personal injury law casse.
Judge Joe Brown wins court ruling in his own Does it matter that Joe Brown of the "Judge Joe Brown Show" is not licensed to California in practice, right?
Categories: Litigation Tags: anti-slapp, appeal, court, defamation, litigation privilege defamation, of
Litigation Meaning Of
litigation meaning of
Dept in “pre-litigation”?
Got a call from a law firm to tell me a debt on a past car loan is in “pre-litigation, ” meaning they are trying to get me to pay it before taking me to court. The problem is they want either a lump some or have it broken into 6 months of $1200/month, and this is the reduced amount they are willing to accept. This is totally beyond my ability (which is actually closer to $150 a month at max).
They tried to tell me they would not accept money orders, only check by phone (I imagine so they can harvest bank account info). I would like to just send them money orders anyway, but if they sue me, will it matter to a judge that they refused to take my payment? Can they legally refuse?
Since this is a law firm acting on behalf of Chase would I need to send payments to them or to Chase? The lady on the phone was not helpful in this regard.
I’m in Michigan, by the way. Thanks!
Yes. They can refuse to accept your payments.
Send them a certified letter with your offer.
There’s not much you can do.
Good luck.
The SEC FOIA exemption does not matter. It is not the protection of investors in any case, it is hard to believe, but it appears the SEC has managed to anger the public again and the media. Fox Business has reported that the often maligned agency has in place a new rule that the public will stop, usually journalists, access made to certain SEC investigative information on the Freedom of Information Act, or FOIA.
Categories: Litigation Tags: artifical, court, law,, litigation, litigation meaning of, splenda
Jackson Litigation Services
jackson litigation services
9 Things EVERY Client Needs to Know about Their Dog Bite Case
“Nine Questions You Need to Ask Every Attorney You Are Thinking About Hiring To Represent You in Your Personal Injury or Wrongful Death Case”
Here are the questions you need to ask every attorney you interview. Just as important as the questions are the answers. With this in mind, we’ve also included what information you should hear in every answer the lawyer gives you.
QUESTION NO. 1
How Long Have You Been Practicing Law As A Licensed Attorney?
The attorney’s answer to this question is important and can be very revealing. It literally takes many years to learn the profession to become proficient in settlement negotiations, mediations, arbitrations and trials. As we mentioned earlier, we recommend that you make sure any attorney you interview has, at a minimum, at least 10-15 years of substantial litigation experience in personal injury matters.
Sure, there are exceptions to this rule and we know of several very good, ethical attorneys which only about 5 years of experience. What they lack in trial experience they make up for with intelligence, drive, passion and the intelligence to associate in experienced counsel to help them with trial if, and when, it becomes necessary. Unfortunately, these “exceptions” are far and few between and frankly, why take a chance? Let’s move on to the next question…
QUESTION NO. 2
What Percentage Of Your Practice Is Devoted To Catastrophic Injury And Wrongful Death Cases?
For the past 10-15 years of his or her practice, at least 90% of the attorney’s time should have been focused on representing personal injury clients in major catastrophic injury and wrongful death cases. Why not 100%? There are two good reasons.
First, the reality of the situation is that good personal injury and wrongful death trial lawyers (trial lawyers also make the BEST negotiation and settlement lawyers) are hard to find and most experienced attorneys will handle the litigation needs of past clients and friends in other areas of law such as business, criminal or estate planning litigation. They find it interesting and challenging to take on other cases and help people succeed in other areas of law (it’s a competitive nature that top lawyers have and frankly, it’s difficult to hold back).
Second, we truly believe that the experience and knowledge gained in taking these other types of cases to trial allows a personal injury attorney to gain new insight to various “outside-the-box” litigation approaches he or she may not normally be exposed to during personal injury litigation. In the long run, this can prove to be very beneficial to the client in a personal injury case.
We’ve taken various trial techniques we’ve learned in civil, business and criminal trials and successfully used the approaches in complicated personal injury cases and trials. In our opinion, this made a huge difference in the ultimate favorable outcome to our clients in these cases.
Another way to look at the questions and answers to the above two questions is to use the metaphor of a medical surgeon. Let’s say, God forbid, you need open heart surgery. How would you like to be the very first patient that particular surgeon has ever operated on? Not a pleasant thought is it? The fact of the matter is that you want your surgeon to be a successful specialist in performing open heart surgery and also one who has done the procedure hundreds and even thousands of times before. As with medicine, in law, it’s important to get things done right the first time.
Here’s something else to think about. Believe it or not, the successful handling of a catastrophic injury or wrongful death case is many times more complicated than what your heart surgeon is required to do during surgery. While bypass surgery may take several hours (with the surgeon actually involved for only 20-30 minutes), your legal case may take months or even years. The surgeon may be required to make dozens of important decisions during the heart procedure. Your lawyer will be required to make hundreds, and even thousands, of legal and procedural decisions during the handling of your personal injury case.
Why in the world would someone who’s life is turned upside down by because of a serious personal injury or wrongful death case ever settle for anything less than the best? The answer to this question is that most consumers simply just don’t know any better. Now you do! Be smart and be thorough when it comes to selecting your personal injury attorney.
QUESTION NO. 3
How Many Court And Jury Trials Have You Had And What Were Your Results?
Have you had any court trials? How about jury trials? When was the last trial you had? How many of these trials involved serious catastrophic injury or wrongful death? What were the results and verdicts?
Many years ago when we first started to practice law, we read an interesting statistic that in California. Apparently, most California lawyers have only tried an average of 3 trials during their entire career. As supported by the facts and contrary to what you watch on television, most lawyers are not trial lawyers and most cases never make it all the way to trial.
In our opinion, the handling and trial of a personal injury or wrongful death case demands a much higher level of expertise and commands a great deal more pre-trial and trial related work and effort than most other types of legal cases. For example, in criminal cases, rarely do the prosecution or public defenders do their own pre-trial preparation (they each have huge governmental support staffs to help them with the work). In work comp and bankruptcy practices, in most cases the “trials” are actually hearings which only take a couple of hours or days.
In a catastrophic injury or wrongful death case, there are generally many complicated and intertwined issues involving medical bills, loss of earnings, property damage, liability and health insurance, civil liability, procedure, negotiation, settlement, damages, jury, trial and appeal issues. On almost a daily basis, a personal injury lawyer literally holds the value and quality of a client’s life in his or her hands and there truly is no greater burden, challenge or privilege. The right personal injury lawyer will recognize this fact and step up to the challenge.
The lawyers that do handle and try other types of cases are all incredible lawyers and we tip our hats to each and every one of them, especially when it comes to juggling the high volume of cases many are forced to handle. But having said that, we believe that a catastrophic injury or wrongful death case, litigated all the way to trial, is substantially more work and exponentially more difficult. So when you ask your potential attorney how many cases (or more specifically, personal injury cases) he or she has taken to trial, make sure you get a clear and accurate response.
Because insurance defense attorneys and insurance companies all know which personal injury lawyers try their cases and get the best results for their clients, you want to be represented by an attorney who has a strong reputation for obtaining consistently large settlements and judgments.
QUESTION NO. 4
Will I Be Interacting Directly With You Or Someone Else In Your Office?
The attorney you hire should have the time to meet with you in his or her office and talk with you over the telephone. The attorney you hire should be the attorney appearing in depositions, hearings and court on your behalf. The attorney you hire should be the attorney who will negotiate and if necessary, take your case to trial.
Here’s a little unknown truth that many people are not aware of- After you meet with the senior partner during your initial consultation, many busy law firms have secretaries, law clerks and paralegals do all the work on the file and young inexperienced associate lawyers work the file and appear in court on your behalf. The senior attorney or partner may rarely work or look at the file and you will never really know who is working on your file.
For this reason, if your initial consultation is scheduled with a clerk, paralegal or new associate attorney because the “experienced” partner does not have time to meet with you, we strongly suggest that you turn and run the other direction as fast as you can.
What we’ve observed about these types of law firms is that your file will not get the attention it deserves. In more cases than not, the left hand does not know what the right hand is doing. The last thing you need is to have your file used as a “test” or “learning” case for a new paralegal or associate.
While standard paperwork can and should be delegated and handled by an experienced and trained support staff, it is important that you establish a personal “one on one” relationship with the actual attorney who will be handling your case. Make sure that any written retainer agreements you agree to sign clearly spell out that the attorney you are retaining is the attorney who will be handling your file and personally representing you during the entire litigation process and trial. As a courtesy, we’re always willing to review other attorney’s retainer agreements and advise you on whether or not they comply with California law.
QUESTION NO. 5
Are You “AV” Rated By Martindale-Hubbell And What Other Awards Or Ratings Have You Received?
“Yes” is the only answer you should settle for. Most consumers are not familiar with the “AV” rating but this is why it is so important. According to the 130-year-old independent company named Martindale-Hubbell, an “AV” rating identifies a lawyer and firm as having (1) very high to preeminent legal ability and (2) the highest level of expertise, experience, integrity and overall professional excellence.
What is key about this rating is that the actual independent review and rating of an attorney is made by other attorneys and judges in the local community. The attorney who is being reviewed does not even know the process is taking place.
By presenting the attorney with an “AV” rating, Martindale-Hubbell is making the statement that other attorneys and judges in your community clearly believe that the “AV†rated attorney consistently “shows a demonstration of the highest professional and ethical standards.”
Once again, while there are many good lawyers practicing law who have not yet been awarded an “AV” rating (only about 2 out of 10 receive this honor during their legal career), unless you know the attorney personally, why take a chance with someone who is not highly rated by his or her peers? You can easily confirm an attorney’s rating status by going to www.martindale.com
QUESTION NO. 6
Are You An Active Member In The Local, State And National Trial Lawyer Organizations? How About Your Local Community?
Good personal injury trial attorneys share tips, tools, information, and techniques with other attorneys across the state, country and world. It’s important for your attorney to be “plugged into” these organizations so that you can benefit from the exchange of information.
In Orange County, we have the Orange County Trial Lawyer Organization. At the state level, we have the Consumer Attorneys of California. Nationally, many excellent personal injury and wrongful death trial lawyers belong to the American Association for Justice.
All of these organizations work hard on a daily basis to educate personal injury attorneys and consumers on issues involving their important consumer rights. We share information, pleadings, discovery and documents with each via personal relationships, our web site memberships and email lists.
When it comes to community service, find out if your potential lawyer is active. For many reasons, it’s extremely important for your lawyer to be “connected” to his or her local community. Interacting with other lawyers, experts and even judges outside the courtroom and in a community service setting will directly and indirectly foster new relationships and strengthen old friendships. Besides, it’s just the right thing for your lawyer to do and more than once we’ve seen something positive come back to benefit a client.
As for us, we’re proud to have almost 20 years of service with Rotary International (the largest community service organization in the world) and both Lisa and Mitch have served as Presidents in the Monarch Beach Sunrise Rotary Club. In 2007-08, Mitch also served as an Assistant District Governor for Rotary District 5320. They are also active in youth sports helping out and coaching soccer, baseball and basketball.
QUESTION NO. 7
Can You Provide Me With The Names Of 5-10 Past Clients Who Are Willing To Share Their Experiences With Me About Your Representation And Firm?
You can sit all day in the attorney’s office and listen to the attorney tell you just how great he or she is when it comes to handling a personal injury case or taking a wrongful death case to trial. While the attorney may be very convincing, how do you know if he or she is telling you the truth? We believe it’s much smarter, and better, to independently and objectively confirm the lawyer’s abilities by talking with some of his or her past clients.
We suggest that you ask for a list of 5-10 names and numbers of past clients you can contact for a reference. These are people who have already agreed to have you contact them to independently confirm what you’ve been told or have read about the attorney.
It is not OK for the attorney you are interviewing to respond with something like, “my cases are confidential and I can’t disclose this information.” The defense attorneys and insurance companies know what cases the attorney has handled and so should you. If you get this kind of response, be very cautious.
Good lawyers have plenty of happy clients who are more than willing to share their experiences with you. The smart attorneys have already made arrangements to share client names and numbers with you. If the attorney does not already have a list available, we guarantee that he or she will put one together in no time if they are truly interested in handling your case and if they actually do have happy clients.
QUESTION NO. 8
Do You Have Testimonials From Past Clients And Other Attorneys Which I Can Take With Me And Read?
Client testimonials are an excellent way to see what people have to say about the lawyer you are meeting with. Good lawyers with satisfied clients will have plenty of written client testimonials for you to take with you and review. If an attorney does not have, or can not give you client testimonials, you need to ask yourself WHY NOT!
It’s true that some very good attorneys simply do not take the time to ask for testimonials but on the other hand, how do you know if this is the case with the attorney you are sitting across from. The attorney may not have testimonials because he simply put– he does not have any happy clients. Just as with the unbiased Martindale-Hubbell “AV” rating discussed above, getting independent third party confirmation and validation as to the attorney’s ability is the smart way to go.
QUESTION NO. 9
As My Case Works Its Way Through The Legal System, Will You ALWAYS Look Me In The Eye And Tell Me What You HONESTLY Think And Believe As Opposed To What You Think I Want To Hear?
We think this quality in a personal injury trial attorney is very important for the following reasons. If you have a good case, you want your lawyer to tell you. If your case is weak or has other difficult legal issues you need to know about up front or that you may not be able to overcome, then you want to find out right away and before spending all of your time and money on a difficult or unwinnable case.
You always want your lawyer to be truthful and honest with you concerning his assessment of the case and your options. The last thing you ever want is to have your lawyer tell you what she thinks you want to hear rather than what you need to hear.
When it comes to getting advice from your lawyer, honest opinions and feedback are absolutely necessary. It’s not unusual for us to tell 18 our of every 20 incoming potential clients that we don’t think they have a strong case.
How’s that for being brutally honest!
The problem is that these people then continue to call other lawyers until they finally find someone who will agree to represent them. They then end up being led down the wrong legal path to dissatisfaction and in some cases, financial disaster. The bottom line is that it’s just better to have a lawyer be up front with you about the merits of your case from the very beginning.
Suggestion- directing your attention back to question number 7, ask the past clients if the attorney your are meeting with expressed his her honest opinions during the handling of their case.
Summary- That’s it! This approach and these nine questions will help you find the perfect lawyer for you. In some cases, using these questions will also help you filter out the good lawyers from the bad.
Making sure your attorney is “AV” rated (question #1) will eliminate about 95% of the lawyers you are going to meet with. Once you confirm this fact, use the remaining 8 questions to find the lawyer who is perfect for you and your family!
We’ve provided some additional information about our firm and success over the past two decades. Also please feel free to contact us with any follow-up questions. It will always be our pleasure to help you whenever we can!
Sincerely- Mitch and Lisa/ Jackson & Wilson, Inc.
www.JacksonWilson.com
Toll Free 800-661-7044
Michael Jackson Memorial Service?
Does anyone else find this to be amazing??? Hundreds of stars attend MJ’s memorial service but yet when he was alive and really needed them to rally behind him there was no one to be found. We he was at his lowest point of his life (ie all of the litigation concerning the little boy), not one person outside of his family could be seen giving their support. This excludes the stars that recently became famous.
I say that it is all a crock now that he passes away they are saying how wonderful he is…
Michael Jackson is the King Of Pop.
he didn’t touch those little boys. you gotta be kidding me if you think he actually did it. think about it. wouldn’t you say he touched you for 2 million or whatever he got?
look at this link below in my sources.
the kid lied to begin with. he would never do that to a kid. he loved kids. that’s why he had neverland.
R.I.P Michael Jackson.
Parkway Properties, Inc. Reports 2010 Second Quarter Results Jackson, Miss., Aug. 2 / PRNewswire / – Highlights Reports FFO of $ 0.66 per share and FFO of recurrent $ 0.64 per share, reports current occupancy of 86.1%, 87.1% leased with portfolio purchases RubiconPark I, LLC note receivable for $ 33 million reaffirms profit forecast 2010 Parkway Properties, Inc. (NYSE: PKY – News) today announced results for the second quarter ended 30 June …
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Litigation Authority
litigation authority
Civil Litigation Lawyer helps to file lawsuit
Litigation is the process of bringing a legal case to a court of law. Litigation involves filing lawsuits, trails, discovery and motion pictures, judgments and award of damages. A lawyer or solicitor that deals with all these processes is called litigation lawyer. During litigation, the court hears both parties’ cases and then renders a decision. A litigation process is usually decided by a jury in a court or a magistrate.
Litigation is a legal procedure that people or companies employ to resolve disputes arising at any circumstance. It’s important to know that litigation is different than arbitration and mediation. Both are alternative forms of legal dispute resolution.
During mediation, two or more parties discuss and determine the conditions of a settlement – without accepting something imposed by a third party. Arbitration is also a legal technique for the resolution of disputes outside the courts. But, in this case, the settlement is made by a third party that reviews the case and imposes a decision that is legally binding for both sides.
A lawsuit involves dispute resolution of private law issues between individuals, business entities, and non-profit organizations. Lawsuits can also involve the government. Litigation is the entire process that conducts the lawsuit in a trial. The participants in the lawsuit are the defendant, plaintiff, applicant, and petitioner.
A Civil litigation lawyer is a legal authority licensed to practice law and experienced in practical application of legal theories and knowledge to solve specific legal issues.
The client must trust the civil litigation lawyer, be honest and explain to him all the conditions and scenarios involving the legal issue. After doing so, the lawyer can evaluate the case and create the best approach to benefit his client.
The lawyer not only creates a legal approach to protect your case but also advises you on how to behave in court. It’s important that you follow your civil litigation lawyer’s advice in order to have the best chance of success in a lawsuit. Remember that your lawyer has expertise and a vast knowledge of law and is working to help you.
Courts symbolize justice and are governmental institutions with the authority to judge legal disputes and dispense criminal, civil, or administrative cases. Knowledge of the process used to arrive at judicial decisions will help you succeed in the event of a hostile lawsuit.
U.S. judge allows Va. health-care lawsuit to move ahead
RICHMOND — A federal judge refused Monday to dismiss a Virginia lawsuit challenging the nation’s sweeping new health-care law, indicating the law represents a novel extension of Congress’s constitutional authority that should be tested in court and handing the law’s foes an early legal victory. United States – Commerce Clause – Health – Politics – Health Care Reform
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California Litigation Forms
california litigation forms
California Personal Injury Lawyers: 5 Quick Tips to File a Claim
In California one of the most visible areas of litigation is the personal injury law sector. Whether because of the sheer volume of people or the demographics of those residing throughout the state, California personal injury lawyers are some of the busiest practitioners of law. With the tragic Metro Link accident in September, 2008 a spotlight has been placed on personal injury law in California like no time in recent memory .
Before we get into how to handle a personal injury law matter, lets first take a look at what California law defines as personal injury. A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice.
The most common types of California personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday/boating accidents. Here are 5 steps to take in order to ensure the best possible outcome in a personal injury matter.
1. Immediately after you or a member of your family is injured in an accident, contact a law firm that specializes in personal injury and the laws as they pertain to California.
2. Have your licensed California personal injury lawyer guide you through the process of bringing a claim.
3. Keep in mind that under California personal injury law, injured victims have the right to recover monetary compensation for all the costs and damages associated with the accident.
4. Disclose to your attorney how the accident in question and your resulting injuries was caused directly by another party. At the point the attorney is responsible for proving the fault in court
5. With the help of your attorney,specify a specific dollar amount in estimated monetary compensation that you will settle on. This will aide your attorney in later negotiations.
Whether you need a Los Angeles or Orange County personal injury lawyer ,these 5 steps provide an easy guide to receiving the best possible outcome and resolving your personal injury case in an efficient manner.
in a disolution proceeding a california court commissioner determined me a vexatious litigant for filing wrong?
forms. i have tried to have this determination thrown out because a commissioner cannot legally determine a litigant vexatious. i want to file legal action against this former commissioner. what is your opinion. i have view gov’t code 820 and civil code 1572. i have filed four civil litigations and all four have been thrown out after filing for being a vexatious litigant.
cotton
Just from the tenor of the the question, it gives credence to the the commissioner’s findings. Take a close look at your actions and your demeanor. Aren’t they really justified in their belief’s?
Soccerref
Emulex to Present at Canaccord Adams Mesa Global Growth Conference COSTA, Calif. – (BUSINESS WIRE) – Emulex Corporation (NYSE: ELX): What: Emulex Corporation (NYSE: ELX) will present to investors at Canaccord Adams Conference to participate on Tuesday 10 August 2010 at 12:00 Pacific time clock. Emulex President and Chief Executive Officer and Executive Jim McCluney Vice President and Chief Financial Officer, Michael Rockenbach will host the presentation. The …
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