Judgment Enforcement Challenges in Mexico

Judgment Enforcement Challenges in Mexico

In Mexico City, I estimate that it takes an average of a year to a year and a half to get a decision from the lower court. But I had a case that took ten years to get a judgment from the lower court and I have also had cases that proceeded to judgment in two months.

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Disputes with Clients

Disputes with Clients

Many client disputes arise because the client’s expectations were not met. And one way to address this is for a lawyer to frequently advise a client on what to expect. This means both frequently communicating with the client, and giving the client notice of the likely, and even some unlikely, things that can take place. Litigation is unpredictable, and while it is impossible for a lawyer to tell a client how a case will proceed, it is helpful for a lawyer to share as much as possible to keep a client from surprises.

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Local Rules and Individual Practices

Local Rules and Individual Practices

Local rules often provide rules about the formatting of documents (like what fonts and spacing and margins are acceptable) and page limits. They may also require things like tables of contents, additional filings that explain other filings, or specific statements to be made in filings. For example, many federal courts have a local rule 56.1 that requires a statement be made in connection with a motion for summary judgment that sets forth the undisputed facts.

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Litigation in Bosnia and Herzegovina

Litigation in Bosnia and Herzegovina

The 2022 reforms to the justice system includes the establishment of a Commercial Court which was approved in Parliament in May 2022.  The Commercial Court will be comprised of judges with experience in commercial matters. It will examine cases involving “commercial disputes” relating to claims over €2.000.000, but in addition, irrespective of the amount in dispute, the Commercial Court will have jurisdiction to also hear all matters relating to competition law, intellectual property, and arbitration. 

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Comments on Recent Cases: September 2023

Comments on Recent Cases: September 2023

In addition to awarding the amount due on a contract in litigation, a court can award interest that runs from the date the amount was due.  In many jurisdictions, the interest rate can be high.  In New York, for example, it is nine percent.  In Massachusetts, it is twelve percent.  Not only does this provide an incentive for defendants to avoid breaching contracts, but it also provides an incentive to resolve litigation quickly.

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Filing Under Seal

Filing Under Seal

Even after a litigant files documents under seal, another litigant may ask the court to lift the seal, arguing that the need to protect the documents is no longer substantial enough to prevent public access.

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Going to Court Without a Lawyer

Going to Court Without a Lawyer

In recognition of that, judges frequently give pro se parties extra flexibility with the rules. This makes litigation more frustrating for a represented party, but judges recognize that it may be too demanding to require a pro se party to perfectly comply with the rules.

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Litigation in Austria

Litigation in Austria

Court fees tend to be a problem.  The filing fees are based on the amount in dispute and there is no limit.  They could be tens of thousands of euros or more and there are separate fees for appeals.  We had a case involving the recognition of a nine million euro foreign arbitral award and for the appeal alone, we had to pay 45,000 euros in court fees. 

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Comments on Recent Cases: August 2023

Comments on Recent Cases: August 2023

Late last month, I argued an appeal. It was a classic debate over the extent to which an out-of-state defendant is subject to personal jurisdiction in another state. Just as lawyers learn in their first year of law school, the court must consider the contacts between the defendant and the forum state. And a defendant must explain why the case is similar to previous cases that decided against jurisdiction, and different from those that held otherwise.

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Taking it Personally

Taking it Personally

Lastly, not all arguments in litigation are resolved through legal research and case citations. Many day-to-day disputes are argued by claiming that one position is unreasonable or that it is so unusual that another lawyer is surprised the other lawyer would even think to assert it. These arguments imply that the other lawyer is bad at their job; that they are acting unreasonably or so outside of the accepted bounds of the profession that the other side is genuinely surprised

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Wrongful Death Claims

Wrongful Death Claims

Separate from the criminal law associated with death, plaintiffs can bring civil litigation claims against defendants, alleging that they caused the death of another person and seek damages to compensate for the loss. While this may sound duplicative of the criminal law process, it operates somewhat differently. The procedure is more similar to a traditional business dispute, although with the drama and distress that comes with the loss of life.

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Islamic Dispute Resolution

Islamic Dispute Resolution

Although Islamic Dispute Resolution organizations are relatively new here in the US, I must say there have been individuals and Islamic scholars who have provided service in this field for many years. Specifically, there have always been Imams and community leaders who have helped resolve community and family disputes. Their work has been a motivation for me to also serve in this area and make further progress by establishing a more formal structured organization.

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