Anne P. Zebrowski Vanasse Hangen Brustlin, Inc. David J. Hatem PC Donovan Hatem LLP
|
|
- Reynold Dean
- 6 years ago
- Views:
Transcription
1 The Battle of the Bollards Anne P. Zebrowski Vanasse Hangen Brustlin, Inc. David J. Hatem PC Donovan Hatem LLP
2 Learning Objectives Examine the duties that can be imposed through a contractual service scope by studying actual case scenarios. Understand how the standard of care can be expanded through broadly or poorly drafted contracts and actual conduct in rendering services. Examine whether a design professional has an independent duty to design and/or specify the use of bollards and other protective barriers where the contractual service scope did not require the design professional to assess the need for such improvements. Compare well-drafted scope of service provisions that limit one s duty with broadly worded provisions and conduct that expand one s duty X.L. X.L. America, America, Inc. Inc. Page Page 2 6-Oct Oct-11
3 Agenda Bollard cases: a growing trend? Anatomy of a bollard case Issues presented: Contractual Service Scope and Duty of Care Legal context Lessons learned and observations X.L. X.L. America, America, Inc. Inc. Page Page 3 6-Oct Oct-11
4 The Bollard Cases Nationwide trends Settlements multi-million million dollar settlements for severe personal injury or wrongful death claims Verdicts wide range of verdicts across country Freak accidents or a growing trend? Many accidents and resulting lawsuits involve elderly drivers losing control of vehicle and causing significant damage/injuries As population ages, will accidents involving elderly drivers increase? Are these freak or foreseeable events Some national statistics X.L. X.L. America, America, Inc. Inc. Page Page 4 6-Oct Oct-11
5 Anatomy of a Bollard Case Site/project descriptions Original strip mall Partial rehabilitation project in 2000 Superimposed big box prototype design Transportation improvements General site facelift X.L. X.L. America, America, Inc. Inc. Page Page 5 6-Oct Oct-11
6 Anatomy of a Bollard Case Source: all photos/charts h t provided d by Vanasse Hangen Brustlin Inc X.L. X.L. America, America, Inc. Inc. Page Page 6 6-Oct Oct-11
7 Anatomy of a Bollard Case X.L. X.L. America, America, Inc. Inc. Page Page 7 6-Oct Oct-11
8 Anatomy of a Bollard Case X.L. X.L. America, America, Inc. Inc. Page Page 8 6-Oct Oct-11
9 Anatomy of a Bollard Case X.L. X.L. America, America, Inc. Inc. Page Page 9 6-Oct Oct-11
10 Anatomy of a Bollard Case The Accident: Elderly driver (82 years old with dementia) lost control of vehicle (1995 Crown Victoria) jumped curb adjacent to store Car wedged between two columns Hit plaintiff standing on the sidewalk X.L. X.L. America, America, Inc. Inc. Page Page 10 6-Oct Oct-11
11 Police accident diagram X.L. X.L. America, America, Inc. Inc. Page Page 11 6-Oct-11 6-Oct-11
12 X.L. X.L. America, America, Inc. Inc. Page Page 12 6-Oct Oct-11
13 Anatomy of a Bollard Case The Injuries: Plaintiff seriously injured triggering full leg amputation Claimed unsubstantiated brain injuries and emotional distress Plaintiff permanently disabled and allegedly spends most of her time coping with related rehabilitation and effects of her injuries X.L. X.L. America, America, Inc. Inc. Page Page 13 6-Oct Oct-11
14 Anatomy of a Bollard Case The Lawsuit: Elderly driver criminally charged with negligent operation of a motor vehicle shortly after accident Plaintiff filed civil suit on June 15, 2006 Defendants: Elderly driver suffered from severe ere dementia Owner/Landlord large publicly traded REIT (the Developer ) Tenant - national big box retailer Preferred Planner/Architect national architectural firm Site Engineer Vanasse Hangen Brustlin, Inc. ( VHB ) X.L. X.L. America, America, Inc. Inc. Page Page 14 6-Oct Oct-11
15 Issues Presented Which defendants, if any, owed the plaintiff a legal duty? Was VHB s duty defined by its contract with the developer? What was the scope of VHB s duty? Did VHB meet the standard of care? Have bollards or other protective barriers become part of the standard of care? X.L. X.L. America, America, Inc. Inc. Page Page 15 6-Oct Oct-11
16 Legal Context Professional Standard of Care Klein v. Catalano, 386 Mass. 701, 718 (1982) In the absence of a special agreement [a design professional] does not imply or guarantee a perfect plan or satisfactory result... [design professionals]... and others deal in somewhat inexact sciences and are continually called upon to exercise their skilled judgment in order to anticipate and provide for random factors which are incapable of precise measurement. The indeterminable nature of these factors makes it impossible for professional service people to gauge them with complete accuracy in every instance. Because of the inescapable possibility of error which inheres in these services, the law has traditionally required, not perfect results, but rather the exercise of that skill and judgment which can be reasonably expected from similarly situated professionals X.L. X.L. America, America, Inc. Inc. Page Page 16 6-Oct Oct-11
17 Legal Context General Principles: Scope of duty defined and limited by the terms of its contract, including scope of services and standard of care provisions Courts will enforce terms of unambiguous contract By actual conduct, a Design Professional may assume duties that transcend contractual duty limitations How did our Bollard Case measure against these general principles? VHB s Service Scope was limited to site engineering services for the parking lot and did not include the curb, the sidewalk or the building structure X.L. X.L. America, America, Inc. Inc. Page Page 17 6-Oct Oct-11
18 Legal Context An independent Design Professional had responsibility for design of the sidewalk and the building structure Notwithstanding these clear design scope delineations and allocations, each Design Professional had the obligation to review e the design of the other in areas of scope interface, e.g., the intersection of the parking lot with the sidewalk VHB s General Notes on Drawings referred to architectural drawing for exact building dimensions and all details contiguous to the building, including sidewalks, ramps, building entrances, stairways, utility penetrations, concrete door pads, compactor pad, loading docks, bollards, etc. No evidence that VHB transcended contractual scope limitations X.L. X.L. America, America, Inc. Inc. Page Page 18 6-Oct Oct-11
19 Legal Context Procedural Background of Bollard Case Extensive Discovery Phase Multiple sets of interrogatories Multiple requests for production of documents hundreds of thousands of documents, electronic discovery 20+ depositions able to get admissions from various parties regarding VHB s limited scope of services Motions for Summary Judgment Timing of Summary Judgment dictated by plaintiff s right to complete discovery, including VHB s deposition Plaintiff not required to designate expert until completion of discovery X.L. X.L. America, America, Inc. Inc. Page Page 19 6-Oct Oct-11
20 Legal Context VHB s Summary Judgment Motion Scope of Duty defined by contract VHB s Scope of Services limited to portion of parking lot area leading up to edge of the sidewalk Excluded footprint of building Excluded any site/civil design services beyond parking lot Excluded traffic analysis or impact study VHB did not design sidewalk or curbs where accident occurred At time of Summary Judgment filing, Illinois case of Thompson v. Gordon was pending X.L. X.L. America, America, Inc. Inc. Page Page 20 6-Oct Oct-11
21 Thompson v. Gordon The Legal Issues 1. whether an engineer s duty was limited by scope provisions of its contract 2. how to interpret service scope provisions with standard of care provisions 3. may the engineer s duty be expanded beyond scope limitations it ti by an expert opinion i proffered by the plaintiff 4. are these issues appropriate for determination on a Summary Judgment motion & short of a jury trial? X.L. X.L. America, America, Inc. Inc. Page Page 21 6-Oct Oct-11
22 Thompson v. Gordon The Facts Developer of proposed shopping mall required by state to increase traffic capacity on adjacent bridge by adding two (2) new ramps and replacing bridge deck surface Existing bridge deck surface had a concrete median six (6) inches high and four (4) feet wide that divided eastbound and westbound traffic lanes Developer retained Engineer to design the new ramps and the replacement of the existing bridge deck (the Project ) Following completion of the Project, two of the plaintiffs were killed and a third seriously injured when a driver in the eastbound lane lost control of his vehicle, hit & jumped the median and then hit the plaintiffs car, which was traveling in the westbound lane X.L. X.L. America, America, Inc. Inc. Page Page 22 6-Oct Oct-11
23 Thompson v. Gordon The Claims and Defense Plaintiffs sued Engineer Plaintiffs retained an expert who opined that the Engineer was negligent in its design in failing to: (a) include in its services proposal a median barrier warrant analysis (b) consider the necessity of crossover protection on the bridge deck, including Jersey barriers (c) design barrier medians to separate traffic between lanes The expert concluded that had the Engineer done the foregoing it is more probable than not that a Jersey barrier would have been designed d and constructed, t which h would have prevented the accident X.L. X.L. America, America, Inc. Inc. Page Page 23 6-Oct Oct-11
24 Thompson v. Gordon Trial Court Grants Summary Judgment Trial Court granted Engineer s Motion for Summary Judgment on basis that the Engineer s duty to the plaintiffs was circumscribed by the terms of the contract between the Developer and the Engineer Trial Court found that since contract did not call for an assessment of the sufficiency of the existing median barrier and simply to design a replacement, not an improvement for same, the Engineer fulfilled its duty X.L. X.L. America, America, Inc. Inc. Page Page 24 6-Oct Oct-11
25 Thompson v. Gordon Intermediate Appellate Court Decision Plaintiffs appealed Intermediate Appellate Court reversed the Trial Court In reversing, the Appellate Court pointed to the standard of care provision in the contract and stated that the plaintiffs expert raised a genuine issue of fact as to whether an engineer performing a similar scope undertaking would have considered and designed an improved median barrier X.L. X.L. America, America, Inc. Inc. Page Page 25 6-Oct Oct-11
26 Thompson v. Gordon Supreme Court Decision (January 21, 2011) Engineer appealed Amicus briefs filed by: ACEC Illinois AIA Illinois Structural Engineer s Assoc. of Illinois ASCE Plaintiffs Trial Lawyers Association X.L. X.L. America, America, Inc. Inc. Page Page 26 6-Oct Oct-11
27 Thompson v. Gordon Supreme Court Decision (January 21, 2011) Supreme Court reversed and reinstated Summary Judgment for the Engineer on basis: Engineer had no contractual duty to improve the design of the existing median barrier The standard of care provision did not include that duty The Engineer was required to exercise reasonable care expected of other engineers performing the same or similar circumstances, i.e., designing a replacement of the bridge deck and existing median barrier, not improving the bridge deck or considering or adding a Jersey barrier X.L. X.L. America, America, Inc. Inc. Page Page 27 6-Oct Oct-11
28 Thompson v. Gordon Supreme Court Decision (January 21, 2011)... [T]he scope of [Engineer s] duty is defined by [its] contract [with the Developer]. The plain language of that contract required [Engineer] to replace the bridge deck and, in doing so, required [Engineer] to use the degree of skill and diligence normally employed by professional engineers performing the same or similar services. The use of the phrase same or similar services limits the scope of the [Engineer s] standard of care to replacing the bridge deck. Because the standard of care was expressly limited to [Engineer s] duty to replace the bridge deck, the appellate court erred in considering [the plaintiffs expert opinion] to nonetheless raise a question of fact whether [Engineer s] standard of care also required [Engineer] to improve the bridge deck to include Jersey barrier X.L. X.L. America, America, Inc. Inc. Page Page 28 6-Oct Oct-11
29 Thompson v. Gordon Supreme Court Decision (January 21, 2011) Supreme Court stated:... The parties easily could have included a provision in the contract requiring [Engineer] to improve the bridge deck to include a Jersey barrier, but they did not. The appellate court therefore erred in holding that, based upon its contractual standard of care clause in [Engineer s] contract, there was a question of fact whether [Engineer] owed a duty to consider and design a Jersey barrier X.L. X.L. America, America, Inc. Inc. Page Page 29 6-Oct Oct-11
30 Our Bollard Case Plaintiff agreed to voluntary dismissal of VHB based on Summary Judgment papers VHB obtains Summary Judgment dismissing co-defendants cross-claims for contribution and indemnification, precluding joint and several liability Note: 1. Co-defendants settled with the Plaintiff for in excess of $2 million following VHB s dismissal 2. VHB/XL contributed nothing to the settlement 3. Under joint and several liability, if VHB had been found liable for only 1%, it could be held liable for entire judgment 4. At time of dismissal of VHB, the Supreme Court had yet to issue decisions in Thompson v. Gordon X.L. X.L. America, America, Inc. Inc. Page Page 30 6-Oct Oct-11
31 Our Bollard Case Litigation costs VHB s costs Out of pocket costs Outside counsel Experts Other costs Opportunity costs VHB in-house counsel time 156 hours VHB staff time 212 hours X.L. X.L. America, America, Inc. Inc. Page Page 31 6-Oct Oct-11
32 X.L. X.L. America, America, Inc. Inc. Page Page 32 6-Oct Oct-11
33 X.L. X.L. America, America, Inc. Inc. Page Page 33 6-Oct Oct-11
34 X.L. X.L. America, America, Inc. Inc. Page Page 34 6-Oct Oct-11
35 X.L. X.L. America, America, Inc. Inc. Page Page 35 6-Oct Oct-11
36 X.L. X.L. America, America, Inc. Inc. Page Page 36 6-Oct Oct-11
37 X.L. X.L. America, America, Inc. Inc. Page Page 37 6-Oct Oct-11
38 X.L. X.L. America, America, Inc. Inc. Page Page 38 6-Oct Oct-11
39 X.L. X.L. America, America, Inc. Inc. Page Page 39 6-Oct Oct-11
40 Lessons Learned & Observations Your duty can be circumscribed by what you undertake to do by contract You should not be held responsible for more than you were contractually obligated to perform for your client; however: A vague, broadly drafted scope of services allows room for inventive interpretation Actual conduct in rendering services can broaden duty Service scope should be clearly drafted affirmatively and negatively X.L. X.L. America, America, Inc. Inc. Page Page 40 6-Oct Oct-11
41 Lessons Learned & Observations Importance of clarifying scope vis-à-vis scope of services and roles/responsibilities of other project participants A well-drafted scope of services should answer these questions: What are you going to be doing? What are other members of the team going to do? What will be the role of other Design Professionals? What is the client s role, if any? Design integration/coordination How do your services relate to or integrate with the other design professionals? X.L. X.L. America, America, Inc. Inc. Page Page 41 6-Oct Oct-11
42 Lessons Learned & Observations Balancing the tensions between (a) Owner program, design preferences, budget and (b) the Design Professional s duties and standard of care Codes and other public regulation, not civil suits against Design Professional, should be the balancing mechanism X.L. X.L. America, America, Inc. Inc. Page Page 42 6-Oct Oct-11
43 Lessons Learned & Observations Don t forget the Internet Search the parties web sites at the first sign of trouble for anything useful (before they are sanitized) Use the clients materials to your advantage Owner s web site was critical to VHB s defense Big box user s web site was critical to VHB s defense Big box user s prototype was critical to VHB s defense Owner/big box user s ground lease was critical to VHB s defense Know your own web site; it will be used against you! X.L. X.L. America, America, Inc. Inc. Page Page 43 6-Oct Oct-11
44 Lessons Learned & Observations Protect yourself against the curbless prototypes and other non-standard design features: Owner s interest to promote access to facility creates tension with need to promote safety Obtain waivers Notify clients of this negative trend Recommend in writing bollards and other barriers Several websites & other product info available on bollards Be patient t build your case for a win or favorable settlement X.L. X.L. America, America, Inc. Inc. Page Page 44 6-Oct Oct-11
45 Notices & Disclaimers UNITED STATES "XL Insurance" is a registered trademark of XL Group plc and the global brand used by its insurance companies. In the US, the XL Insurance companies are: Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Insurance Company of New York, Inc., XL Select Insurance Company, and XL Specialty Insurance Company. Not all of the insurers do business in all jurisdictions nor is coverage available in all jurisdictions. The information contained herein is intended for informational purposes only. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details. CANADA "XL Insurance" is a registered trademark of XL Capital Ltd. XL Insurance is the global brand used by member insurers of the XL Capital Ltd group of companies. In Canada, the XL Insurance companies are XL Insurance Company Limited, Canadian Branch. Not all of the insurers do business in all jurisdictions nor is coverage available in all jurisdictions. The information contained herein is intended for informational purposes only. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details X.L. X.L. America, America, Inc. Inc. Page Page 45 6-Oct Oct-11
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Carol J. Rodriguez, Administratrix of the Estate of Aurelio Rodriguez, Deceased, Appellant v. Commonwealth of Pennsylvania, Department of Transportation v. No.
More informationDEON ERIC COUPLIN OPINION BY v. Record No JUSTICE G. STEVEN AGEE June 9, 2005 AUBREY GILL PAYNE, JR.
PRESENT: All the Justices DEON ERIC COUPLIN OPINION BY v. Record No. 041985 JUSTICE G. STEVEN AGEE June 9, 2005 AUBREY GILL PAYNE, JR. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY R. Terrence Ney, Judge Deon
More informationSpecial Civil A Guide to the Court
New Jersey Judiciary Special Civil A Guide to the Court Superior Court of New Jersey Law Division Special Civil Part Special Civil is a court of limited jurisdiction in which you may sue a person or business
More informationLegal Update BELL ROPER LAW FLORIDA SUPREME COURT PROHIBITS FEE REDUCTION IN CLAIM BILLS
Legal Update BELL ROPER LAW J u l y / A u g u s t 2 0 1 7 FLORIDA SUPREME COURT PROHIBITS FEE REDUCTION IN CLAIM BILLS The well-known plaintiff s law firm of Searcy, Denney, Scarola, Barnhart & Shipley,
More informationTHE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY
IN MARYLAND: THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY Plaintiff Jane Doe Plaintiff, v. Civil Case No. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY a/k/a State Farm Serve Registered Agent: Corporation
More informationThe Civil Action Part 1 of a 4 part series
The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This
More informationRECENT COURT DECISIONS OF RELEVANCE TO CONTRACT DOCUMENTS. June 2010
RECENT COURT DECISIONS OF RELEVANCE TO CONTRACT DOCUMENTS Hugh Anderson EJCDC Legal Counsel 608-798-0698 hugh.anderson@aecdocuments.com The following case summaries and comments are general in nature and
More informationTITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1 MISCELLANEOUS
16-1 TITLE 16 STREETS AND SIDEWALKS, ETC 1 CHAPTER 1. MISCELLANEOUS. 2. SIGNS IN RIGHTS-OF-WAY. 3. LINES OF SIGHT AT INTERSECTIONS. CHAPTER 1 MISCELLANEOUS SECTION 16-101. Definitions. 16-102. Permit to
More information2017 IL App (1st)
2017 IL App (1st) 152397 SIXTH DIVISION FEBRUARY 17, 2017 No. 1-15-2397 MIRKO KRIVOKUCA, ) Appeal from the ) Circuit Court of Plaintiff-Appellant, ) Cook County. ) v. ) No. 13 L 7598 ) THE CITY OF CHICAGO,
More informationIllinois Official Reports
Illinois Official Reports Appellate Court Schrempf, Kelly, Napp & Darr, Ltd. v. Carpenters Health & Welfare Trust Fund, 2015 IL App (5th) 130413 Appellate Court Caption SCHREMPF, KELLY, NAPP AND DARR,
More informationLegal Brief. Liability for Injuries on Public Property
Legal Brief Liability for Injuries on Public Property By Roger Huebner, Deputy Executive Director & General Counsel; Brian Day, Staff Attorney; & Jerry Zarley, Paralegal With the summer season in full
More informationWILLIAM E. CORUM. Kansas City, MO office:
WILLIAM E. CORUM Partner Kansas City, MO office: 816.983.8139 email: william.corum@ Overview As a trial lawyer, Bill is sought out by national and global companies for his litigation strategy and direction.
More informationNOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. PAULA GIORDANO, v. Plaintiff-Appellant, HILLSDALE PUBLIC LIBRARY, TOWNSHIP
More informationJOANN E. LEWIS OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No November 1, 1996
Present: All the Justices JOANN E. LEWIS OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No. 960421 November 1, 1996 CARPENTER COMPANY FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND T. J. Markow, Judge
More informationAberman v Retail Prop. Trust 2010 NY Slip Op 32457(U) September 1, 2010 Supreme Court, Nassau County Docket Number: 9762/09 Judge: Antonio I.
Aberman v Retail Prop. Trust 2010 NY Slip Op 32457(U) September 1, 2010 Supreme Court, Nassau County Docket Number: 9762/09 Judge: Antonio I. Brandveen Republished from New York State Unified Court System's
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0437 444444444444 TEXAS DEPARTMENT OF TRANSPORTATION, PETITIONER, v. JOSE LUIS PERCHES, SR. AND ALMA DELIA PERCHES, INDIVIDUALLY AND ON BEHALF OF THE ESTATE
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed May 4, 2016. Not final until disposition of timely filed motion for rehearing. No. 3D14-1874 Lower Tribunal No. 13-20042 Patricia Grimes, Appellant,
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LISA A. AND KEVIN BARRON Appellants IN THE SUPERIOR COURT OF PENNSYLVANIA v. ALLIED PROPERTIES, INC. AND COLONNADE, LLC, AND MAXWELL TRUCKING
More informationAVIS RENT A CAR AVIS APPS TERMS OF USE
AVIS RENT A CAR AVIS APPS TERMS OF USE Avis Rent A Car provides tablet, smartphone and other applications and platforms to our customers, which may include applications running on devices and platforms
More informationSo, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court
So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court DISCLOSURE Please note that all of the information contained in this workshop/slideshow is purely general information and should
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY BRET AND PATTY SHEPARD and ) JASON, BRYAN, LOUISE AND ) PATRICK PAULEY, ) 00C-08-042 ) (Consolidated) Plaintiffs, ) ) v. ) ) KIMBERLY
More informationDefining the Retained Control Exception: An Update on 414
Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 19, Number 3 (19.3.30) Feature Article By: Kingshuk K. Roy Purcell & Wardrope, Chtd.
More informationCalifornia State Association of Counties
California State Association of Counties March 25,2011 1100 K Srreet Suite 101 Sacramento California 95614 """ 916.327.7500 Focsimik 916.441.5507 California Court of Appeal, First District, Division Three
More informationTHE NEW YORK CITY BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS. FORMAL OPINION : Issuing a subpoena to a current client
THE NEW YORK CITY BAR ASSOCIATION COMMITTEE ON PROFESSIONAL ETHICS FORMAL OPINION 2017-6: Issuing a subpoena to a current client TOPIC: Conflict of interest when a party s lawyer in a civil lawsuit may
More informationSPECIAL CIVIL: A GUIDE TO THE COURT
SPECIAL CIVIL: A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil: A Guide to the Court page 1 S pecial Civil is a court of limited jurisdiction in which you
More informationSoto v J.C. Penney Corp., Inc NY Slip Op 32147(U) October 30, 2015 Supreme Court, Bronx County Docket Number: /2012 Judge: Alison Y.
Soto v J.C. Penney Corp., Inc. 2015 NY Slip Op 32147(U) October 30, 2015 Supreme Court, Bronx County Docket Number: 306634/2012 Judge: Alison Y. Tuitt Cases posted with a "30000" identifier, i.e., 2013
More informationSTATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ENTERGY GULF STATES LOUISIANA, LLC **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 15-1094 CHRISTOPHER MICHAEL BLANKS VERSUS ENTERGY GULF STATES LOUISIANA, LLC ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU,
More informationInterrogatories. As I have previously written, interrogatories are one. The building blocks of your client s case. Discovery. by Thomas J.
12 The Journal of the Virginia Trial Lawyers Association, Volume 24 Number 4, 2013 Discovery Interrogatories The building blocks of your client s case by Thomas J. Curcio As I have previously written,
More informationNo. SC-CV SUPREME COURT OF THE NAVAJO NATION. GWENDOLENE BEGAY, Appellant,
No. SC-CV-44-08 SUPREME COURT OF THE NAVAJO NATION GWENDOLENE BEGAY, Appellant, v. NAVAJO ENGINEERING & CONSTRUCTION AUTHORITY and THE NAVAJO NATION, Appellees. OPINION Before YAZZIE, H., Chief Justice
More informationTrials And Appeals In Consolidated Cases: The Landscape Post Malanchuk
Trials And Appeals In Consolidated Cases: The Landscape Post Malanchuk By JACOB C. LEHMAN, 1 Philadelphia County Member of the Pennsylvania Bar TABLE OF CONTENTS HOW DID WE GET HERE: THE WORLD BEFORE KINCY.....................
More informationARLINGTON COUNTY CODE. Chapter 30 PEDDLERS, VENDORS AND CANVASSERS
ARLINGTON COUNTY CODE Chapter 30 30-1. Permit Required. 30-1. Permit Required. 30-2. Definitions. 30-2.1. Exemption From Permit Requirements. 30-3. Application for Permit or Exemption. 30-4. Investigation
More informationTorts. Louisiana Law Review. William E. Crawford Louisiana State University Law Center
Louisiana Law Review Volume 47 Number 2 Developments in the Law, 1985-1986 - Part I November 1986 Torts William E. Crawford Louisiana State University Law Center Repository Citation William E. Crawford,
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: JANUARY 23, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-001706-MR JANICE WARD APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JAMES M. SHAKE,
More informationRubin v KDG Pound Ridge 2014 NY Slip Op 32872(U) May 5, 2014 Sup Ct, Westchester County Docket Number: 50957/2011 Judge: James W. Hubert Cases posted
Rubin v KDG Pound Ridge 2014 NY Slip Op 32872(U) May 5, 2014 Sup Ct, Westchester County Docket Number: 50957/2011 Judge: James W. Hubert Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U),
More informationTrial And Appeals In Consolidated Cases: Civil Practice After Kincy v. Petro
Trial And Appeals In Consolidated Cases: Civil Practice After Kincy v. Petro By JACOB C. LEHMAN,* Philadelphia County Member of the Pennsylvania Bar INTRODUCTION....................... 75 RULE OF CIVIL
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ESTATE OF AVA CAMERON TAYLOR, by AMY TAYLOR, Personal Representative, UNPUBLISHED April 13, 2017 Plaintiff-Appellant, v No. 331198 Genesee Circuit Court DARIN LEE COOLE
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS C. DAVID HUNT and CAROL SANTANGELO, Plaintiffs-Appellants, UNPUBLISHED October 23, 2012 v No. 303960 Marquette Circuit Court LOWER HARBOR PROPERTIES, L.L.C., LC No. 10-048615-NO
More informationSAMPLE. Dear Member: CONSULTATION SERVICES
Dear Member: As part of payment of the membership fee and abiding by the terms and conditions of this Contract and any attachments, you will receive the legal services (the "Services") as outlined in this
More informationCivil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.
Civil Disputes Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties. The main purpose of Civil Law is to compensate victims. Civil
More informationQUICKPOLE.CA TERMS OF SERVICE. Last Modified On: July 12 th, 2018
1. PRELIMINARY PROVISIONS: QUICKPOLE.CA TERMS OF SERVICE Last Modified On: July 12 th, 2018 1.1 Introduction. Welcome to our website's Terms and Conditions ("Agreement"). The provisions of this Agreement
More informationCOPYRIGHT 2009 THE LAW PROFESSOR
CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT. (Sacramento) ----
Filed 3/29/10; pub. order (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- IDA LANE et al., C060744 v. Plaintiffs and Appellants, (Super. Ct.
More information* * * * * * * APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO , DIVISION G-11 Honorable Robin M. Giarrusso, Judge
FAITH BROOKS, ET AL. VERSUS ZULU SOCIAL AID AND PLEASURE CLUB, INC., ET AL. * * * * * * * * * * * NO. 2012-CA-1307 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS
More informationa) test the strength of the opposing positions and encourage the parties to reach a compromise b) ensure that all documents are in order before trial
Question 1 The purpose of discovery is to a) test the strength of the opposing positions and encourage the parties to reach a compromise b) ensure that all documents are in order before trial c) ensure
More informationWebsite Standard Terms and Conditions of Use
Website Standard Terms and Conditions of Use 1. Acceptance of Terms of Use 2. Modification of Terms 3. Privacy Policy 4. Disclaimers 5. Registration 6. Contributor 7. Limitation of Liability 8. Third Party
More information7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE
CHARGE 7.32 Page 1 of 9 7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE The interrogatories selected by the Committee for submission to the jury on the issue of comparative
More informationFOURTH DISTRICT CERTIFIES CLAIMS BILL QUESTION AS ONE OF GREAT PUBLIC IMPORTANCE.
Clark Fountain welcomes referrals of personal injury, products liability, medical malpractice and other cases that require extensive time and resources. We handle cases throughout the state and across
More informationEDUCATIONAL OBJECTIVES
CHAPTER 1 7 MOTIONS EDUCATIONAL OBJECTIVES Paralegals should be able to draft routine motions. They should be able to collect, prepare, and organize supporting documents, such as affidavits. They may be
More informationMOCO development company, LLC TERMS OF USE
MOCO development company, LLC TERMS OF USE These Terms of Use ( Terms ) govern your use of the MOCO Website(s), MOCO Software, and MOCO Services (together, the "MOCO Services"): BY CLICKING THE "AGREE"
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LEWIS MATTHEWS III and DEBORAH MATTHEWS, UNPUBLISHED March 2, 2006 Plaintiffs-Appellees, v No. 251333 Wayne Circuit Court REPUBLIC WESTERN INSURANCE LC No. 97-717377-NF
More informationSite Builder End User License Agreement
Site Builder End User License Agreement NOTICE: THE FOLLOWING TERMS AND CONDITIONS GOVERN ALL ACCESS TO AND USE OF CCH INCORPORATED S ( CCH ) CCH SITE BUILDER, INCLUDING ALL SERVICES, APPLICATIONS, ARTICLES,
More informationMAY UNDOCUMENTED ALIENS PURSUE CLAIMS FOR PAST WAGE LOSS IN CALIFORNIA AND NEVADA? MAYBE. MAYBE NOT.
MAY UNDOCUMENTED ALIENS PURSUE CLAIMS FOR PAST WAGE LOSS IN CALIFORNIA AND NEVADA? MAYBE. MAYBE NOT. Mark C. Phillips Partner, Kramer, deboer & Keane, LLP Immigration reform and the rights of undocumented
More informationManage Your Farm s Legal Liability
I. Risk Management Issues II. Civil Litigation 101 An ounce of prevention is worth a pound of cure. 1 I. Risk Management Issues 1. Adequate Insurance 2. Smart Contracting 3. Good Farmland Leases 4. Liability
More informationCOLORADO COURT OF APPEALS
COLORADO COURT OF APPEALS 2017COA36 Court of Appeals No. 16CA0224 City and County of Denver District Court No. 14CV34778 Honorable Morris B. Hoffman, Judge Faith Leah Tancrede, Plaintiff-Appellant, v.
More informationv No Wayne Circuit Court ENTERPRISE LEASING COMPANY OF LC No NF DETROIT LLC and DAVID GLENN, SR.,
S T A T E O F M I C H I G A N C O U R T O F A P P E A L S TINA PARKMAN, Plaintiff-Appellee, UNPUBLISHED December 28, 2017 v No. 335240 Wayne Circuit Court ENTERPRISE LEASING COMPANY OF LC No. 14-013632-NF
More informationWEBSITE TERMS OF USE VERSION 1.0 LAST REVISED ON: JULY [25], 2014
WEBSITE TERMS OF USE VERSION 1.0 LAST REVISED ON: JULY [25], 2014 The website located at airwis.com (the Site ) is a copyrighted work belonging to Air Wisconsin Airlines Corporation ( Company, us, our,
More informationCITY OF PORT ST LUCIE
9/5/17: Proposed Ordinance Revised to comport with the revisions requested by the Councilmembers during the 8/28/17 Regular City Council Meeting. Specifically, Section 72.01 (a)(15) was revised to add
More informationMorningstar ByAllAccounts Service User Agreement
Morningstar ByAllAccounts Service User Agreement This Morningstar ByAllAccounts Service User Agreement (the "Agreement") is a legal agreement between you and Morningstar, Inc., ("Morningstar") for the
More informationIn the Missouri Court of Appeals Western District
In the Missouri Court of Appeals Western District STEVE SAUNDERS, v. KATHLEEN BASKA, Appellant, Respondent. ) ) ) ) ) ) WD75405 FILED: April 16, 2013 APPEAL FROM THE CIRCUIT COURT OF PLATTE COUNTY THE
More informationApplication Terms of Use
Application Terms of Use Acceptance of the Terms of Use Welcome to the Pure Sale Mobile Application (the "Application"). This Application is offered by and operated on behalf of Pure Romance ( Pure Romance,
More informationMarch 22, Supreme Court. No Appeal. (PC ) John Broccoli : v. : Walter Manning. :
March 22, 2019 Supreme Court No. 2018-11-Appeal. (PC 16-3059) John Broccoli : v. : Walter Manning. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter.
More informationDEFENDING HIGH EXPOSURE DANGEROUS CONDITION LAWSUITS
DEFENDING HIGH EXPOSURE DANGEROUS CONDITION LAWSUITS KEVIN FISHER, VICE PRESIDENT INTERCARE INSURANCE SERVICES, INC. WILLIAM C. HAGGERTY, J.D. NEIL TARDIFF, J.D. DANGEROUS CONDITION CLAIMS: The Basics
More informationLawson v R&L Carriers, Inc NY Slip Op 33581(U) November 8, 2013 Sup Ct, Queens County Docket Number: 1207/11 Judge: Augustus C.
Lawson v R&L Carriers, Inc. 2013 NY Slip Op 33581(U) November 8, 2013 Sup Ct, Queens County Docket Number: 1207/11 Judge: Augustus C. Agate Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op
More informationPROVIDING PROCEDURAL CONTEXT: A BRIEF OUTLINE OF THE CIVIL TRIAL PROCESS
151 PROVIDING PROCEDURAL CONTEXT: A BRIEF OUTLINE OF THE CIVIL TRIAL PROCESS BY JUDITH GIERS Judith Giers is a Legal Writing Instructor at the University of Oregon School of Law in Eugene. Make the next
More informationIC Chapter 9. Parking Facilities for Persons With Physical Disabilities
IC 5-16-9 Chapter 9. Parking Facilities for Persons With Physical Disabilities IC 5-16-9-1 Definitions Sec. 1. (a) The definitions in this section apply throughout this chapter. (b) "Accessible parking
More informationORDINANCE 499 (AS AMENDED THROUGH ) AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO
ORDINANCE 499 (AS AMENDED THROUGH 499.13) AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO. 499 RELATING TO ENCROACHMENTS IN COUNTY HIGHWAYS The Board of Supervisors of the County of Riverside,
More informationELECTION AND POLITICAL SIGNS
CITY OF RICHMOND ELECTION AND POLITICAL SIGNS BYLAW NO. 8713 EFFECTIVE DATE JULY 31, 2011 Election and Political Signs Bylaw No. 8713 The Council of the City of Richmond enacts as follows: PART ONE: PLACEMENT
More informationAC : ENGINEERING MALPRACTICE: AVOIDING LIABILITY THROUGH EDUCATION
AC 2007-1436: ENGINEERING MALPRACTICE: AVOIDING LIABILITY THROUGH EDUCATION Martin High, Oklahoma State University Marty founded and co-directs the Legal Studies in Engineering Program at Oklahoma State
More informationIN THE COURT OF APPEALS OF THE STATE OF OREGON
No. 307 July 9, 2014 235 IN THE COURT OF APPEALS OF THE STATE OF OREGON Kristina JONES, Plaintiff-Respondent Cross-Appellant, v. Adrian Alvarez NAVA, Defendant, and WORKMEN S AUTO INSURANCE COMPANY, a
More informationLegal Liability in Adventure Tourism
Legal Liability in Adventure Tourism Ross Cloutier Bhudak Consultants Ltd. www.bhudak.com The Legal System in Canada Common Law Records creating a foundation of cases useful as a source of common legal
More informationOpen Web Foundation. Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)
Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants) 1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make certain copyright and
More information1. THE SYSTEM AND INFORMATION ACCESS
Family Portal SSS by Education Brands TERMS AND CONDITIONS These Terms of Service (the "Agreement") govern your use of the Parents' Financial Statement (PFS), Family Portal and/or SSS by Education Brands
More information1. Minor criminal cases and civil disputes are decided in the appellate courts.
Chapter 02 The Resolution of Private Disputes True / False Questions 1. Minor criminal cases and civil disputes are decided in the appellate courts. True False 2. The plaintiff can sue the defendant in
More informationI Have A Case in Court, Now What? San Mateo County Superior Court
I Have A Case in Court, Now What? San Mateo County Superior Court DISCLOSURE Please note that all of the information contained in this workshop/slideshow is purely general information and should NOT be
More informationCHAPTER 110. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. R.S.39:4-8 is amended to read as follows:
CHAPTER 110 AN ACT concerning municipal and county authority over roads and amending R.S.39:4-8, R.S.39:4-197, R.S.39:4-201, P.L.1945, c.284, and P.L.2004, c.107 and supplementing Title 39 of the Revised
More informationTHE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY-LAW NUMBER
THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY-LAW NUMBER 2018-044 Being a by-law to manage and regulate election signs and other election advertising devices within the Town of East Gwillimbury WHEREAS
More informationUNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) ) ) Pending before the Court is the Partial Motion for Summary Judgment filed by
Dogra et al v. Liberty Mutual Fire Insurance Company Doc. 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA MELINDA BOOTH DOGRA, as Assignee of Claims of SUSAN HIROKO LILES; JAY DOGRA, as Assignee of the
More informationPlaintiff, DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT. This matter is before the court on motions for summary judgment by both
STATE OF MAINE CUMBERLAND, ss. WILLIAM HOOPS, v. Plaintiff, DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT PR RESTAURANTS LLC, d/b/a PANERA BREAD, and CORNERBRooK LLC, Defendants. I. BEFORE THE COURT
More informationEnd User License Agreement for the Accenture HCM Software App
End User License Agreement for the Accenture HCM Software App Your access to and use of this application ( Application ) is conditioned upon your acceptance of and compliance with this End User License
More informationElection Sign By-law. E In force and effect on November 14, 2017
Election Sign By-law E.-185-537 In force and effect on November 14, 2017 This by-law is printed under and by authority of the Council of the City of London, Ontario, Canada Disclaimer: The following consolidation
More informationIllinois Official Reports
Illinois Official Reports Appellate Court AMA Realty Group of Illinois v. Melvin M. Kaplan Realty, Inc., 2015 IL App (1st) 143600 Appellate Court Caption AMA REALTY GROUP OF ILLINOIS, an Illinois Limited
More informationWhat s news in construction law 16 June 2006
2 What s news in construction law 16 June 2006 Warranties & indemnities the lessons from Ellington & Tempo services For as long as contracts have existed, issues have arisen in relation to provisions involving
More informationSpoliation: New Law, New Dangers. ABA National Legal Malpractice Conference
Spoliation: New Law, New Dangers ABA National Legal Malpractice Conference Speakers Ronald C. Minkoff Partner Frankfurt Kurnit Klein & Selz PC New York, NY Heather K. Kelly Partner Gordon & Rees, LLP Denver,
More informationArgued September 20, 2016 Decided. Before Judges Fisher, Ostrer and Leone.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationSupreme Court Evaluates Consumer Expectations Test in Strict Liability Claims
Supreme Court Evaluates Consumer Expectations Test in Strict Liability Claims Armando G. Hernandez, Daily Business Review November 16, 2015 In one of the most highly anticipated opinions in recent memory
More informationSUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO.:
MARIA CEVALLOS, SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA CASE NO.: 4th District Case No: 4D08-3042 v. Petitioner, KERI ANN RIDEOUT and LINDA RIDEOUT, Respondents. / PETITIONER S JURISDICTIONAL BRIEF
More informationUnreported Opinion. Michele Cooper, the appellant, was riding a bicycle on Coastal Highway in Ocean
Circuit Court for Anne Arundel County Case No. C-02-CV-17-000142 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1823 September Term, 2017 MICHELE COOPER v. DAVID GOOD, ET AL. Fader, C.J., Kehoe,
More informationIN THE COURT OF APPEALS OF THE STATE OF KANSAS. No. 100,055
IN THE COURT OF APPEALS OF THE STATE OF KANSAS No. 100,055 HM OF TOPEKA, LLC, a/k/a HM OF KANSAS, LLC, A Kansas Limited Liability Company, Appellant, v. INDIAN COUNTRY MINI MART, A Kansas General Partnership,
More informationDynamic Opening Statements How to Establish Credibility and Persuade From the Beginning
Dynamic Opening Statements How to Establish Credibility and Persuade From the Beginning Christopher D. Glover Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. Persuade From the Beginning Never Underestimate
More informationOF FLORIDA THIRD DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. GABRIEL D. SIERRA, a minor, ** by and through his mother and next friend, CHRISTINA DUARTE ** SIERRA and CHRISTINA DUARTE
More informationAN ORDINANCE OF THE CITY OF HAHIRA, GEORGIA
AN ORDINANCE OF THE CITY OF HAHIRA, GEORGIA To amend certain provisions of the Zoning Ordinance of the City of Hahira ( the Zoning Ordinance ) to add a new subsection to Section 2 to add a definition of
More informationHOT TOPIC ISSUE: SPOILATION. General Liability Track, Session 3 Fifth Annual General Liability & Workers Compensation Seminar
HOT TOPIC ISSUE: SPOILATION General Liability Track, Session 3 Fifth Annual General Liability & Workers Compensation Seminar Carlock, Copeland & Stair Speaker: Scott Huray, Partner WHAT IS IT? Spoliation
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS SAMUEL SOLOMON, Plaintiff-Appellant, UNPUBLISHED July 29, 2010 v No. 291780 Eaton Circuit Court BLUE WATER VILLAGE EAST, LLC, LC No. 08-000797-CK BLUE WATER VILLAGE SOUTH,
More informationJeopardy. Road Commission Jeopardy. Charles F. Behler Smith, Haughey, Rice & Roegge, PC. Mark D. Jahnke Specialty Claims Services, Inc. Who Am I?
Road Commission Jeopardy Mark D. Jahnke Specialty Claims Services, Inc. Charles F. Behler Smith, Haughey, Rice & Roegge, PC Jeopardy Highway Law Protect Yourself! Who Am I? At Work This & That 100 200
More informationFernandez v Ean Holdings, LLC 2014 NY Slip Op 33106(U) August 1, 2014 Supreme Court, Queens County Docket Number: 6907/12 Judge: Darrell L.
Fernandez v Ean Holdings, LLC 2014 NY Slip Op 33106(U) August 1, 2014 Supreme Court, Queens County Docket Number: 6907/12 Judge: Darrell L. Gavrin Cases posted with a "30000" identifier, i.e., 2013 NY
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS LARRY KLEIN, Plaintiff-Appellant, UNPUBLISHED January 19, 2016 v No. 323755 Wayne Circuit Court ROSEMARY KING, DERRICK ROE, JOHN LC No. 13-003902-NI DOE, and ALLSTATE
More informationUnit 3 Dispute Resolution ARE 306. I. Litigation in an Adversary System
Unit 3 Dispute Resolution ARE 306 I. Litigation in an Adversary System In an adversarial system, two parties present conflicting positions to a judge and, often, a jury. The plaintiff (called the petitioner
More informationDefendants try to avoid liability by claiming a medical emergency caused them to lose control
It wasn t my fault, I swear. I was having a panic attack just before I hit him. The medicalemergency defense Defendants try to avoid liability by claiming a medical emergency caused them to lose control
More informationTAKING A CIVIL CASE TO GENERAL DISTRICT COURT
TAKING A CIVIL CASE TO GENERAL DISTRICT COURT Filing and Serving Your Lawsuit What and where is the General District Court? Virginia has a system of General District Courts. Each county or city in Virginia
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MARSHA PEREZ, Plaintiff-Appellant, UNPUBLISHED April 12, 2005 v No. 250418 Wayne Circuit Court STC, INC., d/b/a MCDONALD S and STATE LC No. 02-229289-NO FARM MUTUAL AUTOMOBILE
More information