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[05/09] ArcelorMittal sues Esmark over aborted steel mill sale
[05/09] Government asks court to block wider testing for mad cow
[05/08] Oil companies agree to settle MTBE contamination lawsuits

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Articles

Litigation

How long do I have to file my lawsuit?

How much time do you have to file a lawsuit? No one-size-fits-all answer exists. Every state has its own time limits, and even within a state the period of time in which you must file a lawsuit varies according to the type of claim. For example, rules in one state may allow a plaintiff with a personal injury claim (such as a broken leg) one year from the date of injury to file suit and a plaintiff with a breach of contract claim (such as failure to make good on a promissory note) four years from the date of breach to sue. In another state, personal injury plaintiffs may have two years to sue, and plaintiffs with breach of contract claims may have five years.

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Federal Trial Practice

The federal court system receives its power directly from the U.S. Constitution. As a result, the federal courts hear many important legal issues, but the daily legal business of the country tends to revolve around the more flexible state courts.

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Case Summaries

Class Actions

[05/02] Savedoff v. Access Group, Inc.
In a class action raising breach of contract claims, partial summary judgment for plaintiff on the issue of liability on such claims is affirmed in part and reversed in part, and remanded where: 1) the language of the contract did not limit defendant's collection of additional interest to a borrower's final monthly payment at the end of the loan term; 2) the language of the contract did not prohibit defendant from collecting additional interest from borrower's regular monthly payments; and 3) the contract was silent as to the application of borrower's monthly payments to the additional interest before applying them to reduce the principal balance.

[04/29] Negrete v. Allianz Life Ins. Co. of N. Am.
In a class action lawsuit against an insurance corporation challenging the sale of its fixed deferred annuities, an order, which effectively prevents defendant from proceeding with any settlement negotiations on similar class action claims raised in any other courts without permission from plaintiff's lead counsel, is reversed where: 1) in the context of the All Writs Act, there was no proper support for the district court's enjoining of proceedings in other courts; and 2) even if there were, the Anti-Injunction Act barred such injunction.

[04/25] Kirschbaum vs. Reliant Energy, Inc.
Certification of a class and grant of corporate defendants' motion for summary judgment on all claims related to plaintiff-employee's ERISA class action is affirmed where: 1) even if defendants had a fiduciary duty to liquidate a particular investment option in the plan (defendant-company's stock fund) and cease purchasing its shares, notwithstanding the plan's express contrary requirements; nevertheless, 2) plaintiff fell short of bearing his heavy burden to rebut the presumption that defendants satisfied their legal duties.

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Frequently Asked Questions

Litigation

Can corporations avoid consumer class actions?

Why do appeals courts deal with only legal issues?

What are the prerequisites to raising a legal issue on appeal?

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