News
Litigation
[07/23]
Lawsuit over rights to film 'Precious' settled
[07/20]
Calif. judge to review Toyota case discovery plan
[07/19]
RICO law made to combat Mafia used in BP lawsuits
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Articles
Litigation
Being a Witness Dos & Don'ts
Do take a subpoena seriously. It has the force of a court order. That doesn't mean, by the way, that a judge has actually taken an interest in you (they are usually prepared by an attorney for a party) but a judge will be annoyed if you ignore a subpoena.
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State Trial Practice
The American legal system depends on the adversarial process to bring out the truth. Parties to disputes present their arguments to an impartial judge who resolves the matter by examining the facts, applying the relevant law and issuing a decision. This basic model applies to both civil and criminal cases. Civil cases concern private conflicts between individuals, businesses and the government; criminal cases involve law enforcement by the government against individuals. Both types of cases may be brought to trial before state courts.
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Case Summaries
Class Actions
[06/25]
Lincoln Nat'l Life Ins., Co. v. Bezich
A petition for permission to appeal, arising from the district court's remand of plaintiff's class action lawsuit against an insurer for breach of contract claims on the basis that CAFA's exception to federal jurisdiction for the action applied, is dismissed for lack of jurisdiction as plaintiff's claim "related to the rights, duties,...and obligations relating to or created by or pursuant to...a security," as defined in the Securities Act of 1933.
[06/24]
Faulkinbury v. Boyd & Assoc. Inc.
In a suit brought by about 4000 current and former employees against an employer, claiming that the company, which provides security guard services throughout Southern California, denied meal and rest breaks and failed to pay for overtime, trial court's denial of their motion for class certification is affirmed in part, reversed in part and remanded where: 1) order denying the motion for class certification as to the meal break class and the rest break class is affirmed as the trial court did not abuse its discretion in finding common issues of law and fact did not predominate over individual issues; and 2) order denying the motion for class certification as to the overtime-pay class is reversed and remanded.
[06/24]
Brown v. Kelly
In a class action by persons allegedly arrested pursuant to an unconstitutional New York anti-begging statute, the district court's class certification order is affirmed in part where the citywide plaintiff class met the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3). However, the order is reversed in part where the district court erred in certifying a statewide defendant class because the defendant class representatives did not meet the adequacy and typicality requirements of Federal Rule of Civil Procedure 23(a), and the district court also erred in certifying a statewide plaintiff class because the certification of this class was contingent on the bilateral certification of both a statewide plaintiff and a statewide defendant class.
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