#litigation

[powerupcomicstonight]

[disco-troy]

people need to stop naming their sons with their own names. it makes lawsuits too hard to follow. please name all your children like you’re all going to sue each other one day.

[sharlmbracta]

what.

what.

==========================

edit: i got hard drived

[alexandramrobertson]

Governments litigating badly

I just rewatched the Due South season 2 episode “We Are the Eggmen”. While this episode is a lot of fun, it's legally absurd. The Canadian government wouldn't respond to a lawsuit by immediately handing over millions of dollars when their employee claimed it was fraudulent. Instead, they would:

Retain local counsel. Cloutier probably isn’t a personal injury defence lawyer and even if he is, he’s not called to the bar in Illinois. He would be instructing local lawyers from behind a desk in Ottawa.

Deny responsibility for Fraser's actions. He wasn't on duty, so he's not our problem.

Dispute jurisdiction. We have diplomatic immunity. If you want to sue us, you'd better do it in Canada, where we appoint the judges, the damages awards are peanuts, and you'll owe us big if you lose.

Hire a private investigator to investigate Fraser's fraud theory.

Demand a mountain of documents. You're asking for ten milion dollars? We'll need twenty years of financials and medical records for every sniffle and scraped knee you've had in your entire life. If any pre-existing condition might have caused your current condition, they'll argue it did.

Claim the driver caused the accident. Actually, sir, you were the one who was drunk, weren't you?

Drag their heels and delay, delay, delay.

Realism sure is less fun, isn’t it?

I'd also forgotten that Fraser pretends to electrocute himself while unlocking the door. It's a big step for him and Thatcher since until this point the only person we’ve seen him joking around with is Ray. And of course this is after lying (badly) to help her earlier in the episode.

Your mask is slipping, Fraser. You’re smitten.

[alephskoteinos]

A short article remarking upon and commemorating the second dismissal of The Satanic Temple's case against the Queer Satanic collective.

[rjzimmerman]

Trump’s executive action strategy: Go ahead, sue me. (Washington Post)

This guy and his cult are already boring me. I think it's time for a long, national nap and just let the lawyers loose to do their lawyer stuff. Excerpt from this Washington Post story:

Officials in the incoming Trump administration have an answer for anyone questioning the validity of several policies they plan to implement immediately and unilaterally: Go ahead and sue.

President-elect Donald Trump has long promised to take executive action to withhold birthright citizenship from people born in the United States to parents who are undocumented immigrants, but his advisers now see a court fight as a goal of that effort, rather than an obstacle.

Similarly, incoming budget officials have said they want to openly defy a 1974 law by refusing to spend money that Congress has authorized, forcing a lawsuit to test the Watergate-era statute’s constitutionality. And aides involved in the transition said they’ll plow ahead with reviving a policy from late in Trump’s first term making it easier to fire tens of thousands of civil servants despite a Biden administration policy meant to bolster their protections, leaving individual federal workers to fight their own appeals.

Trump could take the actions on birthright citizenship, tariffs and the federal workforce as soon as Inauguration Day or in the first month of the new administration, according to two people familiar with the preparations who spoke on the condition of anonymity because they were not authorized to discuss the plans.

Many major presidential policy initiatives end up in court, and every administration prepares for legal battles. But the Trump team wants to move to that phase more quickly. The incoming administration’s eagerness to litigate reflects a regret by alumni of Trump’s first term that they spent too long vetting policies with lawyers only to end up in court anyway. This time, incoming officials are more inclined to move quickly and let the lawsuits do the vetting.

[happywebdesign]

Adiem Law

[pilawturkey]

Dispute Resolution Service in Turkey

Dispute resolution service requires an innovative and comprehensive strategy for each case. Overall, there are a wide variety of methods for conflict resolution at the domestic or international level. Dispute resolution service lawyers have a substantial impact upon concluding disputes between parties. Dispute resolution service lawyers have been at the center of providing best results for their clients. It has been already established that dispute resolution service is very essential to provide a chance of success.

What are the 4 types of dispute resolution service in Turkey?

It is significant at the outset that there are four main accepted forms of conflict resolution: negotiation, mediation, arbitration and litigation.

Firstly, negotiation brings partners together with a view to solving the relevant dispute on their own.

Second popular dispute resolution tool is mediation. Indeed, mediation requires the existence of a neutral third-party assuming responsibility to help disputants for a consensus. It is noteworthy to stress here that Turkey adopted the Law (No:7282) approving the ratification of the Singapore Convention on Mediation, published in the Official Gazette on 11 March 2021.Our article on A Brief Analysis of the Singapore Convention highlights the implementation of international mechanisms dedicated to mediation.

Thirdly, natural or legal persons are also free to choose the best dispute settlement process by selecting arbitration process.

Last but not least, litigation may be used to finalize any conflict complained of by the judicial authorities.

It is useful to understand that judicial review will cover a full-fledged examination when a dispute resolution service is needed for enforcement of foreign arbitral awards. As underlined in our article on 2024 Case Analysis of Enforcement of Foreign Arbitral Awards in Turkey, the judgment by Istanbul Appellate Court 14th Chamber on 17 September 2020 [E. 2018/2196, K.2020/917], the below-mentioned criteria must be controlled by a judicial review for enforcement of foreign arbitral awards in Turkey:

· The fact that the arbitration rules are applicable to any dispute between parties must be accepted in accordance with the contract between parties,

· The final award must be given by the arbitrator after review and fair trial within the framework of the representation of all parties,

· The dispute must be suitable for arbitration in terms of Turkish law,

· The evaluation of these defense claims was included in the final award,

· The addressee company was present at every stage of the proceedings at the Arbitration Center,

· The defense arguments must be taken properly during the arbitration proceedings,

What is the meaning of dispute resolution service in Turkey?

It is not hard to maintain that the most commonly used method for dispute settlement is litigation in Turkey. Huge backlog before court rooms has already establishes this argument. Increasing number for civil and administrative litigation has been a matter of concern over the years in Turkey. Dispute resolution through arbitration agreements and|or dispute resolution arbitration is newly improving in Turkey. There is much work needs to be done for alternative dispute resolution methods. Building dispute resolution owing to the alternative ways such as consumer dispute resolution may be found very workable and reasonable solution to all parties of a dispute.

With regard to a comprehensive analysis of implementation of foreign arbitral awards see our article on Enforcement of Foreign Arbitral Awards

What is the most common dispute resolution?

Litigation has still been considered as the most workable solution in Turkey. Therefore, there is an increasing workload before civil and administrative courts in Turkey. It seems clear that dispute resolution service needs to more concentrate on other methods for faster solutions.

What is the importance of dispute resolution service for administrative cases?

All administrative acts and actions are bound by the law. This principle is reiterated in Article 2 of the Turkish Constitution guaranteeing the rule of law. Administrative disputes are settled by administrative courts in Turkey, as examined in our article on Administrative Cases in Turkey

What is the significance of dispute resolution service for criminal cases?

It is beyond doubt that criminal cases in Turkey requires a full-fledged dispute resolution service by criminal defense lawyers at the time of any criminal investigation or prosecution.

What is the concept of the enforcement and bankruptcy Law in Turkey in terms of dispute resolution service?

Generally speaking, fundamental purpose of the enforcement and bankruptcy regulatory framework is to settle disputes between the creditors and debtors concerned. Enforcement and Bankruptcy Law in Turkey regulates detailed procedures for insolvency, bankruptcy and enforcement. What is more, the Law in question stipulates the bankruptcy liquidation steps for insolvent debtors.

What is the importance of dispute resolution service for divorce proceedings?

Divorce proceedings for foreigners in Turkey is categorized in two main types: consensual divorce through negotiation and contested divorce through litigation. It should be remembered that the first legal instrument to be applied in divorce proceedings for foreigners is the Act on Private International and Procedural Law (Numbered 5718). According to Article 14, the grounds and provisions for divorce and separation shall be governed by the common national law of the spouses.

[nationallawreview]

Supreme Court Declines to Hear “Willfulness” Case

On Monday, October 7, 2024, the U.S. Supreme Court declined to consider a petition for certiorari in United States ex rel. Hart v. McKesson Corp., Case No. 23-1293, where relator, Adam Hart (“Relator”), sought review of a Second Circuit decision upholding the dismissal of Relator’s complaint against pharmaceutical distributor, McKesson Corporation (“McKesson”). The case involved allegations that…

[99tech99]

if there are any of my fellow paralegals or litigation assistants or legal assistants out there—happy national paralegal day!

even if your attorneys appreciate you, they still dont know the half of it 🥲

you rock and the legal world would crumble without you

🤗

[lawsforhumanity]

IMO all lawyers should get to do this once for free.

[why-animals-do-the-thing]

Infectious disease, captive animals, and the Endangered Species Act

There's been a really interesting development in how the Endangered Species Act relates to captive animals in the United States. I picked up on it last fall and spent most of the early part of this year writing a paper about what happened and what implications it might have in the future - but what I didn't expect was to proved right within a month!

Basically, two different lower court judges have ruled recently that exposing captive endangered animals to an increased risk of infectious disease is a violation of the Endangered Species Act. They don’t actually have to get sick - just the fact that the risk wasn’t prevented qualifies. This has super huge implications for zoos and sanctuaries and anywhere else with an endangered species collection. Both lawsuits (one about a lemur, and one about some of the tiger king lions) resulted in major consequences: the lemurs were seized, and since the lions had already been removed prior to that lawsuit, the guy involved got hit with major penalties and prohibitions for the future.

Where I think this potentially creates the most immediate issue is, of course, SARS-CoV-2. Most zoological facilities are ending their requirements for staff to mask and socially distance around susceptible species (and holy heck, I was not aware how many species can get sick from it). This is especially a huge concern for big cats, since they seem to be the most at risk. The ESA lawsuit from 2020, against Jeff Lowe for his treatment of lion cubs, specifically notes that it was a violation for him to not follow “generally accepted” risk mitigation procedures, specifically, not masking and not distancing. So does that mean that zoos and sanctuaries that are having staff stop masking around tigers and lions and snow leopards are violating the ESA? We don’t know for sure, but it’s entirely possible.

The reason we don’t know is that the scope of the ESA is being changed by the interpretation of the courts. Rather than getting amendments passed, or having FWS choose to consider certain things violations, these judges are basically ruling on what they see as a violation of their understanding of the law. And those precedents can have some pretty serious impacts. Other judges aren’t required to rule the same way on similar topics (as long as they’re not in the same district, and a lower court, than the original ruling) but they often take previous precedents on the topic into pretty serious consideration. So for example, the argument that not masking around the lions was based on a precedent from the previous case, where it was ruled that having a lemur living in a situation that made it more likely to get sick was also a violation. So in the next case, courts could choose to agree with the lion and lemur precedents - or not - and we don’t know for sure until it’s litigated. Sigh.

But here’s the thing: there’s plenty of other zoonotic diseases that captive animals have to be protected from. I wrote my paper originally about SARS-CoV-2, but noted at the end that “While SARS-CoV-2 was the zoonotic disease risk during the [lion] court case, it is important to recognize that the ESA violations identified by the courts in that lawsuit and in [the lemur court case] were on the topic of increased or unmitigated disease risk more generally. This new scope of the ESA captive take provision may be relevant to other circulating zoonotic pathogens; for instance, the H5N1 strain of avian influenza has recently proven to be fatal to tigers, mustelids, and some marine mammal species.” I realized after publication that it could be argued that EEHV - the really deadly elephant hemorrhagic herpes virus - might also fall under the scope of these rulings.

And surprise! A couple days ago, it made the news that the Noah’s Ark Animal Sanctuary in Georgia was told to change their practices or be sued for violating the ESA. Some of the allegations? That the facility “failed to prevent tigers and a lion from exposure to the potentially deadly Avian Influenza virus.” I expected to see additional claims in ESA lawsuits about infectious disease risk - I just didn’t expect to see them so quickly after I published a big project warning about the possibility.

I don’t have a sense of where this issue will continue to go from here, as each additional court decisions changes how the precedent might have impacts. But I do think it’s going to be important to pay attention to, and might have pretty big impacts on how facilities handle zoonotic disease moving forwards.

A link to the full 13-page paper on the legal precedents - and my concerns about the impact of ending SARS-CoV-2 precautions around endangered animals - is below.

[globallegalassociation]

Global Legal Association, The 4th GLA Patent Conference is a premier gathering designed for key stakeholders in the legal and intellectual property sectors. This year, we are bringing together Business Heads from leading Legal Products and Patent Services Companies, Heads of Legal, Chief Legal Officers (CLOs), and experts in IP litigation, alongside CEOs, Managing Partners, and Senior Partners of prestigious law firms. The conference aims to foster collaboration among legal professionals and business leaders, highlighting the critical intersection of legal strategy and business objectives.

Join us at the 4th GLA Patent Conference to connect with peers, share expertise, and explore the future of patent law and legal services. Together, we can shape the path forward in this dynamic and crucial industry. Don’t miss this opportunity to be part of a transformative dialogue that drives innovation and excellence in the legal arena.

Address- Global Legal Association Suite-427,425 Broadhollow Road, Melville, New York, USA Website: https://www.globallegalassociation.org/ Mail id: events@globallegalassociation.org

[lawbyrhys]

LAW BY RHYS - MY BLOG INTRODUCTION

Hey there! Welcome to Law By Rhys. My name is Rhys, and I am a practicing corporate attorney based in Southern California. While I am largely a trial attorney with specialized interest in the areas of corporate and business law, I have immense interest in many other areas of law as well, and will discuss them here; sharing law humor, hot takes and my opinions on politics, current events and maybe even casually get into some follower-submitted hypothetical cases. All that to say, I love to talk all things law! A quick disclaimer, though; this is not legal advice. I am not your personal attorney. All followers, readers, and viewers of this blog should contact their attorney to obtain advice with respect to any particular legal matter. There is no attorney-client relationship between us, and only your individual attorney can provide assurances that the information contained herein and your interpretation of it is applicable or appropriate to your particular situation.

[discoveryesq]

To have been a fly on the wall during OJ Simpson’s privileged conversations with his #lawyers

To know what he actually disclosed to that law firm…

Since he passed away today some people may think that his lawyers (the ones who are still living) can reveal that information.

HOWEVER, the attorney-client privilege survives the death of a client, so his attorneys still may not reveal any of the privileged communications they had with him.

Even if they really want to and people are really curious.

*Note that this works differently where the client is a corporation that subsequently dissolves; courts have ruled that dissolved corporations no longer can assert the attorney-client privilege.

[nando161mando]

Federal investigation, litigation recovers $175K in back wages for 44 miners laid off, then denied last paycheck after employer files bankruptcy