A blog about the work lawyers do to win commercial disputes by Will Newman
Filtered by Tag: law
Lithuania’s private law has been a mixture of rules from Germany, France, and Netherlands. In 2004 when Lithuania joined the EU, they not only adopted the regulations that apply to all member states, but they amended other national laws to align with European principles. Today, Lithuanian commercial law is European and modern.
Read MoreWhen a court orders someone to appear for a deposition, the person must appear or get another court order to the contrary. The penalty for disobeying the order to appear, however, can vary. For witnesses who decline to appear, the penalty may be monetary. For parties to the lawsuit, the court may rule the person who failed to appear must lose, but that is not always the case.
Read MoreCommercial dispute plaintiffs in the United States often get to decide whether to have their claims decided at trial by judge or by a jury. Plaintiffs usually choose juries because they may be more sympathetic to the plaintiff’s claims. But there are also compelling reasons for a plaintiff to have a “bench trial,” in which the judge decides the facts of a case.
Read MoreA landlord cannot simply kick out a tenant when she does not pay rent. Instead, there is a process to demand rent and, if need be, seek an eviction. But the tenant may be able to explain why she is not paying rent. Litigation may be how the parties ultimately resolve the dispute.
Read MoreLebanon has a first instance court, which is like a county court in the United States. After that, a party can appeal to an appeal court, an after that there is the Cassation court, which is derived from the French court system. That court only hears cases, though, when the appeals court judges disagree or when there was an error at the appeals court.
Read MoreIt is important for defendants in litigation to promptly respond to a complaint. If they do not, a plaintiff may obtain a default judgment against them. But courts still apply strict rules to plaintiffs seeking default judgments.
Read MoreA plaintiff may not want to wait until the end of a lawsuit to get her property out of the hands of the defendant. Lawsuits could take years. And the defendant, who must not be a good person if she stole the plaintiff’s property, may take bad care of it, destroy it, get rid of it, or hide it.
Read MoreLiechtenstein has enforcement agreements only with Austria and Switzerland, except in arbitration matters where it has joined an international enforcement convention. In civil proceedings without arbitration, it may therefore be necessary to re-litigate the case entirely in Liechtenstein.
Read MoreTo prevail in litigation, it is not enough that someone did something wrong. A plaintiff needs to sue the correct defendant, usually the one responsible for the wrongful action. Sometimes, however, plaintiffs sue someone who did not do the wrong thing, and claim this defendant “aided and abetted” the wrongful actor.
Read MoreWhen determining whether to settle, it can be difficult for employees and employers to calculate an appropriate amount for the employer to pay. Unlike a contract dispute, where an agreement can set forth an amount due, there is no natural number that can compensate an employee for discrimination.
Read MoreOften, parties will make compromises in discovery to avoid the expense and uncertainty of going to court. For example, if a party believes it is entitled to all of a company’s financial records and the recipient believes it is entitled to none, the two may compromise and the recipient may agree to produce some specific financial records.
Read MoreThere are a few cases of procedures for the independent production of evidence to be used in a forthcoming arbitration, which are not usual in a civil law jurisdiction. Documentary evidence is filed in the case docket. In case the tribunal grants document production, depending on what's produced, it's for the tribunal's eyes only, it's blackmarked, or it’s filed for all access.
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