Motions in Limine

Motions in Limine

Each side at trial usually only has a finite amount of time. For example, a judge may allocate 20 hours to each side. As a result, a lawyer may decide that it makes sense to allow one side to waste some of its time on irrelevant evidence or to bury its good evidence in a mountain of dull evidence. Similarly, if one side believes it has a great rebuttal to opposing evidence and that rebuttal will improve its case, it may consent to the admission of opposing evidence so that it can dramatically present its rebuttal.

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Litigation in Romania

Litigation in Romania

Individuals cannot file constitutional cases directly with The Constitutional Court of Romania. If constitutional matters are raised during commercial matters, the judge of the commercial matter may file a case with the constitutional court regarding the constitutional matters raised and it will be solved independently of the pending commercial matter.

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Comments on Recent Cases: February 2022

Comments on Recent Cases: February 2022

Many agreements are governed by the statute of frauds, a legal doctrine that requires certain agreements to be in writing. But a signed contract is not the only kind of agreement that satisfies this rule.

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Fraud Claims

Fraud Claims

Plaintiffs may still hold defendants accountable, even when they cannot prove the defendant knew she was lying or when she cannot identify an express false statement. They can do this through claims for fraudulent omission and through negligent misrepresentation. But proving these claims have specific requirements as well.

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Going to Court

Going to Court

During the covid-19 pandemic, many court appearances have taken place over platforms like Zoom, Microsoft Teams, or a conference call by phone. In my practice, this has eliminated the calendar call, so I no longer bill clients for time I spend waiting in a courtroom. Instead, the court schedules a specific time for me to be available for a video chat.

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Litigation in Portugal

Litigation in Portugal

When a side wins, the other can be convicted to reimburse the court fees paid by the wining party as well as a compensation for attorney fees. However, that compensation is calculated by reference to the court fees paid by the parties and not for the real costs incurred to with attorneys. Most of the time, the compensation is not nearly enough to pay for said fees.

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Comments on Recent Cases: January 2022

Comments on Recent Cases: January 2022

Courts will dismiss litigation over out-of-state defendants where there is an insufficient connection between the state and the claims. Even if a defendant does business in the same state as the court, that alone may be insufficient to confer personal jurisdiction.

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Focusing on the Relevant Issues

Focusing on the Relevant Issues

To some extent, the job of a litigator is to tell the client’s story. A client approaches an attorney because they have a story to tell that, they believe, should persuade a judge or a jury or an adversary to give them some relief. And instead of telling the story themselves, the client believes the lawyer can articulate the story better.

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Litigation in Pakistan

Litigation in Pakistan

Many common law claims also exist in Pakistani law and were generally codified in statute by the British. Pakistan also generally follows the common law tradition of reasoning. However, in some respects, statutory interventions and the need for laws to be consistent with Islam means that some common law claims are not available under Pakistani law.

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Actually Arguing

Actually Arguing

It’s common to have phone calls or meetings with adversaries where each side states their view of the case and responds to opponent’s claims. The purpose of these calls is often to dispose of a case early without substantial litigation, or to settle a case after each side has done some research. It may also be to debate the wording of stipulations or settlement agreements. But often lawyers understand that they will never persuade their opponent that they are wrong. At best, a lawyer can convince her adversary that her position has merits and that further litigation on the subject may not be worth the time and money.

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Law Books

Law Books

Many law books cite very old cases that were current or frequently cited when the book was first published. The publishers attempt to keep the books current by issuing “pocket parts,” that are additional pages that can be folded into the end of the book that contain updates since the book was published. But pocket parts can also fall out of date since they only come out every few months.

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Comments on Recent Cases: December 2021

Comments on Recent Cases: December 2021

Through a doctrine called respondeat superior, an employer can be held civilly liable in litigation for the negligence of its employees. This often leads to defendants arguing they should not be liable because they are not technically the employer of the negligent person.

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