Legal Articles, Lawsuit

Research Assistant "AN HISTORICAL ANALYSIS OF THE BINDING EFFECT OF CLASS SUITS"

Researched law review article written by GEOFFREY C. HAZARD, JR.; JOHN L. GEDID; STEPHEN SOWLE. https://www.jstor.org/stable/3312739?seq=1

NURSING HOME AND ALF NEGLECT AND ABUSE: YOUR RIGHTS (AND COVID19 LITIGATION UPDATES)

You or your loved one has been the victim of abuse or neglect in a nursing home, assisted living facility, or by an aide from a Home Health Agency, with important Covid19 updates included.

What is ERISA and how does it impact my case?

Brief history of the Employee Retirement Income Security Act

Should I pursue an appeal or file a lawsuit?

After you have been denied benefits, you must first appeal before you can file a lawsuit.

Bifurcation of First-Party Auto Claims in New Mexico

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

What is a Lis Pendens?

This article provides basic information about lis pendens, and when such notices may be properly recorded.

What is a Civil Writ?

This article provides examples of writs (written judicial orders) issued by California courts.

Writs of Possession Under California Law

This article provides a summary of various writs issued by California law to assist with recovery of tangible property.

What is a Default Judgment?

This article provides an overview of what happens when a defendant in a civil action fails to respond to the complaint served on him/her.

Strategic Lawsuits Against Public Participation (SLAPP)

SLAPP is an acronym for "strategic lawsuit against public participation." See, Jarrow Formulas, Inc. v. LaMarche, 31 Cal. 4th 728, 732, fn. 1 (2003). Basically, a SLAPP is a lawsuit that has the effect to chill exercise of protected free speech.

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