Civil procedure

IN THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Case No. 81-1505 Transamerica Oil Corporation, Plaintiff-Appellee, v. Lynes, Inc. and Baker International Corporation, Defendants-Appellants. 723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 ------------------------------------------------- December 21, 1983 PROCEDURAL POSTURE Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an

In the case sub judice, we are called upon to adopt one of two polarized positions by holding either that this is one of the infrequent instances where a trial court has abused the discretion vested in it, or, alternatively, we are asked to endorse the equally exceptional position that this is the first “unusual and compelling circumstance” since the Court of Appeals adopted this articulation of the rule in 1975. A. S. Abell Co., 274 Md. at 721. After weighing the considerations that are woven

R-Mart, a retail establishment in Albany, Georgia brings this Motion to Dismiss against the action for false imprisonment brought by the Plaintiff. R-Mart briefly held the Plaintiff for suspicions of shoplifting; however, the Plaintiff was only held until R-Mart verified she did not obtain the product from the store. Because there is no relief that can be granted based on the facts alleged in the Plaintiff’s Complaint, R-Mart should be protected under the Georgia Shopkeeper’s Defense statute and

Federal Rules of Civil Procedure,

According to Cheeseman, (2010) “At the arbitration, the parties can call witnesses to give testimony, introduce evidence to support their case, and refute the other side’s case” (p. 45). Binding arbitration is when both parties agree prior to the procedure to bind the resolution and award made by the arbitrator that cannot be appealed by the court. Mediation According to Barron, (2013) “Mediation is a process where the mediator uses conflict-resolution skills, and actively encourages the

do meet the standard of “minimum contacts” as required by the constitutional test. It is also necessary to assert that according to the records, the defense of lack of jurisdiction was untimely alleged. In accordance to the Georgia Rules of Civil Procedure such defense should be alleged before answering the merits of the Complaint, or concurrently with it. Because Allstate appeared and first proceed to “deny any and all liability” in the case without previously or concurrently interposing the lack

DEFENDANT’S’ BRIEF IN SUPPORT OF its MOTION TO DISMISS PLAINTIFF’S COMPLAINT Defendants, Starboard Financial Services (“Starboard” or “Defendant”), by and through counsel, respectfully submit their brief in support of Defendant’s Motion to Dismiss Plaintiff’s Complaint. I. INTRODUCTION Plaintiff Jocelyn Harkin (“Harkin” or “Plaintiff”) alleges that Starboard are culpable to her for violations of Title VII by discriminating against her based-on sex, [dkt. 1 at ¶223], and for retaliation for her

Introduction It is no secret that technology has changed the way that many things are done in our culture today. The legal world is no exception. When lawyers work on cases, there is usually a lot of reading involved. This takes a lot of time and a team of lawyers that is expensive to employ. Electronic Discovery (e-discovery) is technology that has cut down on this time and cost, and has significantly changed the legal world. It is software that can analyze documents and extract

California’s Court of Appeal Clarifies Application of anti-SLAPP Statutes to Attorney Malpractice Actions California’s “anti-SLAPP” statute (codified in Code of Civil Procedure section 425.16) protects the Constitutional rights to freedom of speech and right of petition by subjecting any cause of action that chills these rights to be subject to a special motion to strike. In the context of a complaint against an attorney for malpractice, the California Court of Appeal recently clarified its application

Fast Eddie is being investigated by a governmental agency for overpricing on government sales during the period from 2007 through 2009 as well as allegations of misrepresentations by one of Fast Eddie’s former officers, Sweet Lou. The criminal and civil investigations began in late 2009. In the prior fiscal year, the company’s auditors, CPAs-R-Us, obtained management’s representation and a letter from Fast Eddie’s independent legal counsel that indicated that the ultimate outcome of the investigation