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Top Products Liability Highlights of the Week

General Motors Seeks to Avoid Products Liability – Courtesy of The Boesch Law Group Blog

Products Liability – Intervention – Settlement – Courtesy of Massachusetts Lawyers Weekly

Doctrinal Collapse in Products Liability: The Empty Shell of Failure to Warn – Courtesy of Cornell Law

Chemical Products Liability & Environmental Litigation – Courtesy of American Conference Institute

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Understanding Business Litigation

Running a business is a difficult endeavor, and it cannot be done alone. At times, issues will arise that require expert decisions, and most business owners are not experts in business law. When a legal concern arises, an experienced Los Angeles business litigation attorney must be called upon to provide you with the options available and how best to proceed after choosing an option.

Options before Litigation

Legal matters concerning a business do not necessarily have to go to litigation. An experienced attorney will exhaust all other options before going to litigation. If an initial settlement is not reached, a lawyer need not go immediately to litigation. In many cases, alternative dispute resolution (ADR) may provide the most benefits. ADR can include mediation between the two parties, arbitration involving a neutral third-party, or a combination of the two. ADR takes place in a more relaxed environment than a formal trial. The rules of ADR are not as strict, and it is generally less expensive.

Another option that can be used in some cases is small claims court. This type of court proceeding is for minor lawsuits involving small monetary sums. Small claims courts do not require an attorney present if the cost would be prohibited by the amount of the claim.

Courtroom Proceedings

If a business case goes to litigation, several steps must be followed in order to achieve a successful judicial resolution. Once the initial pleading is filed and the other party has been allowed to respond, the judge will begin to accept motions. The pleadings are the initial claims and counter-claims, while the motions are requests for a judge to take some action pertinent to the case.

After the motions are filed, a pretrial will commence. A pretrial is an effort to make the actual trial run more efficiently and smoothly. The strengths and weaknesses of the parties’ claims can be determined so a course of action can be determined.

The actual trial may be heard by a judge alone, or it may be heard by a jury and presided over by a judge. Trials involving litigation and a Los Angeles business litigation attorney may take months or even years to be heard. Once it begins, the trial may end in an hour, or it may last for several days.

When the trial has finished, a judgment is made. The judgment may result in the clearing of the case, one or both parties being ordered to take specific actions or it may result in damages being awarded.

Appeals

If one party disagrees with the judgment rendered from a business litigation case, the party who disagrees may file an appeal with a higher court. The appellate court will review the facts of the case and may require another trial. However, the appeal may also be found to be without merit, letting the original judgment stand.

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Why You Need a Personal Injury Litigation Lawyer

Victims don’t elect or volunteer themselves for accidents or injuries. Sometimes, these things just happen, regardless of all the precautions taken. However, when these accidents do happen, it’s important to select a personal injury litigation lawyer who can handle the victims claim immediately, before the statute of limitations runs out.

Although, the victim may think they can handle the claim themselves, they will find that the opposing party will not offer compensation, or they will offer a low settlement amount. For this reason, it is important to retain a personal injury lawyer to insure full compensation. An experienced attorney will have the know how to negotiate with the opposing party, build a claim, and take prompt action. Without a lawyer, victims are taken advantage of, and are subject to their claim becoming jeopardized.

Personal injury lawyers are experienced enough to get the most compensation their victims deserve, and many lawyers services are retained on a “No Win – No Fee” basis. Meaning, they don’t get paid unless compensation is won. However, if the claim is won, the personal injury attorney has the right to claim all fees, and after fees are paid, the victim gets the balance of the reward. Retaining a lawyer as such will guarantee they will fight for the victims lost wages, damages and pain and suffering.

Even though, personal injury litigation lawyers take all the risk, and the victim maintains a stress free recovery, both parties contribute to the end result. It’s the personal injury lawyer’s responsibility to give the victim the best advice regarding their claim, and the victim is responsible to maintain their medical appointments and communicate with their lawyer if changes in their treatment plans occurs; or if they develop any new symptoms.

An excellent working relationship between the lawyer and victim is vital to a successful case. A lawyer’s experience, communication skills, and expertise will help move the claim quickly. So, it’s imperative that the victim have a list of criteria in place, which will help save time, money, and get the representation they desire and deserve. Although finding the right lawyer may be time consuming; in the end, the time spent will be well worth it.

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The Importance of Business Litigation in Law

If your business has been involved in some kind of wrongdoing and you have been threatened with a lawsuit then it is imperative to contact a business litigation attorney in Los Angeles. Whatever the situation is with your company it is important to have legal representation.

In today’s society we have seen a number of people involved with faulty investments. The person doing the investment might believe that his/her broker has not handled the investments professionally or that the broker has not been ethical. Therefore, the investor might choose to bring business litigation against the broker. This generally breaks down to what is known as “investor fraud.”

Another type of business litigation involves a dispute over intellectual property. This involves an infringement on a patent, trademark, or copyright. If this intellectual property is tampered with then this can be grounds for legal action. In other situations commercial insurance companies might undervalue or deny a fair claim. A business can bring a suit in an effort to recover the amount they prove they are entitled to through business litigation.

When you are searching for an attorney you need to find one that is highly qualified as well a skilled mediator. Business litigation works somewhat differently than other cases. The lawyers for both parties must work with a middle person who will work to settle the case out of court. Generally these type cases involve a lesser degree of issues; often it involves former employees who have claimed they were wrongfully terminated.

A more common type of business litigation involves contract disputes. Since the business contract is a legal, binding document this leaves the actual written text of the contract open to interpretation. Another area where a business litigation attorney is used on a regular basis involves malpractice issues. These generally involve a company or an individual that works in the medical field. An attorney working with professional negligence litigation refers to various types of businesses ranging from legal to real estate.

When business issues happen between a business and an individual (or between two businesses) it is better to attempt resolution. If this is not possible than a strong Los Angeles business litigation attorney can be invaluable in helping you to protect your rights as well as your company’s business interests.

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A Business Lawyer Can Help In Almost Any Legal Situation

Many people have heard of business lawyers but still could not tell you what a business lawyer is or what they do. A Los Angeles business lawyer can help their clients make legal decisions when it comes to any type of business procedure, and also with things such as estate litigation, probate litigation, and testamentary capacity. They can also help inform their clients of how to abide by regulations. These procedures and regulations can range from the formation and establishment of a business, business planning, and even help clients in labor and civil law areas.

One popular case that involved a business lawyer was the Manis et al v. Hassan Yarpezeshkan and Dr. Arthur Laffer case. The heart of this case was entwined around a false promise of a patented battery-less power supply. Plaintiffs were enthused when they decided to invest in what they were told was a company who already had customers like Microsoft and ATT. To spark their enthusiasm the company let them meet Dr. Arthur B. Laffer. This was the final motivating factor that pushed the plaintiffs into their decision of investing in the company. They soon found out the company had completely given them false statements on almost every aspect of the company. The company only had one patent, one simply prototype product, and absolutely no customers. The law suit was settled for about $3,200,00.00.

Another case that involved a business lawyer having to step in and represent clients was in the Andrews v. Kowa Printing Corporation. 35 former employees argued that Kowa Printing Corporation did not pay them for promised vacation time and severance pay. They filed this lawsuit under the Illinois Wage Act but in the end the Illinois Supreme Court ruled that the defendants could not be held to answer for the plaintiffs’ claims under the Wage Act.

Within the Imperial Merchant Services, Inc. v. Hunt case the Supreme Court made a decision that business lawyers will always fall back onto for reference. The Supreme Court ruled that the damages in Civil Code sec. 1719 are exclusive. They are exclusive in the fact that a debt collector cannot recover prejudgment interest on damages under Civil Code sec. 3287 when they have already recovered a service charge on a dishonored check.

It is easy to see that a Los Angeles business attorney can become involved in many different types of cases. It almost seems that no matter what details are involved in a case or lawsuit that the need for a business lawyer is almost always necessary.

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What is a Litigation Lawyer and How Can They Help You?

A litigation lawyer is an attorney who represents clients in lawsuits before courts. A Los Angeles litigation lawyer may represent either the plaintiff (party filing the lawsuit) or the defendant (party against whom the lawsuit was filed). Just as doctors have specialty practices, many litigators also specialize in certain areas. These areas of expertise include, but are not limited to, general civil litigation, construction, corporate, health care, administrative, personal injury, insurance, family, appellate, bankruptcy, transportation, probate and/or estate planning and real estate. Essentially, there is an area of law to cover just about any occupation or any instance imaginable.

There is far more to being a litigation lawyer than just appearing in court. Whether representing the plaintiff or defendant, many hours of investigating the circumstances and facts of the matter at hand take place. It is necessary for the attorney to learn every detail of the situation from the client in order to effectively file a suit or defend the client in a lawsuit. Once a lawsuit has been filed with the court, the defendant served with a citation and filed an answer, there is still a great deal of work to be done.

At this point the Court will set out the discovery period for the lawsuit. Discovery allows the parties to get as much information regarding the matter from each other as possible. This is done through serving documents on the other party. The documents usually consist of interrogatories, a series of questions about the matter, requests for information, which ask for information such as other parties who may have been involved, and requests for production, which request that any relevant documents which are not privileged (such as those considered attorney/client or trade secret privileged) be provided to the opposing counsel and party.

Following the written discovery, the parties then proceed with depositions of witnesses in the matter. These depositions also include any experts which each party may have designated during the discovery period.

Following discovery and most often a mediation or arbitration of the matter with no settlement, the matter then proceeds to trial. As you can imagine there is much work to be done to prepare for a trial, including witness and exhibit preparation and planning the legal strategy to be used.

The job of Los Angeles litigation lawyer is a time consuming and detailed task, but when one gets the desired result for his or her client, it is all worthwhile.

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Types of Litigation for a Los Angeles Lawyer

A litigation attorney is basically a Los Angeles lawyer that handles all different types of lawsuits. They cover auto accidents, work injuries, other types of accidents, and just about anything involving a lawsuit. Some litigation attorneys will focus on only one area of lawsuits, such as auto accidents. Other will work on all varieties of lawsuits.

A lawsuit usually takes quite a while, sometimes several years; there are a lot of details to pay attention to and it is not as easy as you might think. If it is a medical injury, the attorney’s office will have to contact all of the medical providers to get copies of all of the bills accrued. They can’t start on a case if they have no idea how much they need to sue the person or company for. They have to have exact amounts for each area they are including in the suit. In an auto accident, they would have to figure the medical, the damage or value of the car involved, and any loss in wages or pain and suffering.

A litigation attorney will have several cases that they are working on at the same time. A big part of their job is gathering the information needed to represent their client. Many of the smaller cases will be settled out of court. The larger cases usually will be tried in court. Most of the time when they are trying larger cases, they will not use just one litigation attorney. They will use a team that is composed of several different attorneys. This is because there are so many minor details in a large case, it would be easy for one litigation attorney to overlook something important.

Some of the larger cases that have been in the news lately are asbestos exposure and benzene exposure. These types of suits are the ones that would have teams of litigation attorneys involved. There are so many people injured or exposed, there is no way one Los Angeles lawyer could handle all of the cases. These lawyers have to wait a long time to get paid on most of their cases, they still work very hard for their money.

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