Civil Litigation - Page 15
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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In 1991, U.S. Supreme Court Chief Justice William Rehnquist found that the asbestos litigation problem had "reached critical dimensions" and was "getting worse." The U.S. Supreme Court, in opinions in 1997 and again in 1999, urged Congress to solve the problem created by the "elephantine mass" of asbestos litigation. Congress has considered several proposals, and the U.S. Senate is currently debating an omnibus asbestos bill that creates a multi-billion dollar trust fund. Understandably, the Senate proposal has as many critics as supporters. -
You have just been handed an unexpected defeat in the federal court of appeals or state supreme court. Your client calls, complaining that the appellate ruling is legally insupportable and totally unjust. She wants relief; she wants you to take the case to the United States Supreme Court. You picture yourself arguing before the Justices and your name appearing in the U.S. Reports. You ponder where on your office wall to hang, suitably framed, the feather quill pen given to all counsel who argue before the Court. -
The Internet is an interstate and international medium. But does operating a Web Site mean that the operator is subject to personal jurisdiction in courts wherever the Site is accessible? The answer obviously is no. This outline describes the types of activity that likely will permit a court to exercise personal jurisdiction over an Internet actor, consistent with the due process clause of the United States Constitution. -
Just as the federal courts interpret federal statutes and decide matters of federal common law, the state courts are the arbiters of issues of state law. They interpret the state's constitution and statutes, and have broad powers in developing common law doctrines through judicial decisions. -
In the United States, laws are made at the federal and state levels. Laws adopted by legislative bodies - Congress and state legislatures - are called "statutes." The federal and state courts enforce statutes. They also create law. These materials describe some of the basic concepts of our legal system, and the roles played by legislatures and courts. -
We can only cover both the federal and California law of evidence in a brief essay like this by a ruthless process of selection and compression. What we will cover can best be thought of as that essential kernel of the law of evidence that the trial lawyer must carry in his head. Our task would be impossible but for two important facts. First, all of you have studied the law of evidence before, either in a course on evidence or in preparation for the bar exam. Accordingly, most of the rules presented will already be familiar to you. What we will do here is to try to review, organize, and reinforce that law so that you can apply it with confidence when you need it. -
Generally, the Florida Civil Rights Act ("FCRA"), Sections 760.01 - 760.11, FLORIDA STATUTES, is interpreted in accordance with decisions construing Title VII and other federal employment anti-discrimination laws. However, there are some differences between the federal anti-discrimination laws and the FCRA. These include differences in the scope of the FCRA, differences in the administrative scheme, and differences in the remedies available to the prevailing plaintiff. -
Car seat heaters are commonplace but these very heaters that offer comfort to many of us, are often the cause of severe, permanent burn injuries to paraplegics, quadriplegics or others that have lower body sensory deficits. Many of the electric car seat heaters are defective and overheat in spots, with temperatures running well above the safe level, often to 135 even as high as 160 degrees. -
From 1973 until 1987, General Motors Corporation sold over 9,000,000 pickup trucks with a glaring dangerous defect. The fuel tanks each carrying 20 gallons of gasoline were placed on the side of the trucks, outside the sturdy steel frame rails. -
It's not uncommon today for parties involved in construction litigation to request or receive documents in electronic form. Most of us have experienced receiving or producing documents on CD/DVDs by now. However, electronic document management is relatively new to the litigation process.