Claims, Damages, and Remedies
A multi-chapter resource about what you should do if your opponent files a frivolous appeal: Part One of this series outlines how to spot a frivolous appeal and discusses how the Court is likely to respond to it. Part Two discusses how to avoid filing a frivolous appeal and how to respond if you are on the other side of one.
The U.S. Supreme Court’s latest case on personal jurisdiction (Bristol-Myers Squibb Co. v. Superior Court) helps define the constitutional limits of specific jurisdiction and is an important case on where you can litigate.
Suing the state is complicated, as only some claims are allowed. Also, there are some steps that you must take to give notice first, as well as some dangers.
The recently decided case of Hawg Tools v. Newsco offers some valuable lessons on defending a case in the appellate courts.
A multi-chapter resource about things to consider before filing a lawsuit: doing a cost-benefit analysis, identifying and then weighing the pros and cons, and more.
Sometimes an organization may be in a situation where the laws of more than one jurisdiction may apply or do apply. Cross-border issues are complex, and sometimes the law of different jurisdictions creates contradictions. Questions may arise in the following areas as well as others.
Should I file an appeal? Many considerations come into play when making this decision, and here are some thoughts that may steer you in the right direction:
Plaintiffs and defendants both need to have an idea how much a case is worth. If you are thinking about filing a case as a plaintiff, you need to know if it will be worth going through the hassle, emotional stress, and costs. You need to know whether you should settle, and for how much, or if you should take the case to trial. If you are a defendant, you need to know what kind of financial impact the case could have. You must know what you are up against, when a settlement offer is reasonable, and when it is too much to pay.
What to Expect When You Get Sued, and What to Do About It
Anatomy of a Lawsuit
What to expect when you get sued
- Overview
- Managing Conflict
- Litigation Begins
- Learning the Facts
- Initial Disclosures
- The Discovery Process
Can you sue the government? Even if you can, why would you want to?
In answer to the first question, you can sue (or file some kind of legal action) against “the government” in certain limited situations.