Tag: civil litigation
Auto Insurance. Understanding Some Basics.
Auto insurance presents a necessary evil. Driving without it is folly. Driving a rolling two-ton metal box, disaster happens in a split second. Cars pose a rolling risk. Excuses for shirking off insurance include “I always drive responsibly … if I get in an accident the other guy’s insurance will […]
Proximate Cause: Personal Injury Claim Causation Requirement
In a famous case, a commuter runs for a train that’s just started rolling. The man sprints across the platform. A conductor on the train reaches out, pulling the man. Another railroad employee on the platform pushes him onto the train. A wrapped package falls out of the man’s hands onto […]
Discovery in Civil Litigation
A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]
Notice Requirements in Personal Injury Cases
Notice requirements compel those injured in an accident to notify proper authorities within a certain time frame. Otherwise, they lose the ability to make a claim. Many people understand statutes of limitation. Such laws give an injured person a certain number of years after an accident to file a proper […]
Products Liability: Personal Injuries Caused by Defective Products
Products liability cases present horrifying facts: A power wrench explodes throwing metal pieces into an auto mechanics face, causing partial blindness. The transformer block on a new telephone answering device short circuits, sparking a home fire. A breast implant ruptures, leaking fluid into a woman’s body, causing cancer. These actual […]
DISPOSITIVE MOTIONS – MOTIONS FOR SUMMARY JUDGMENT, Etc.
Many cases go to the legal graveyard due to dispositive motions. Dispositive motions seek to dispose of, get rid of, the entire case or sometimes just certain issues in a case without trial. Dispositive motions include motions for summary judgment, motions to dismiss and motions for judgment on the pleadings. Motion to […]
Depositions: How To Behave
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]
