It is hard to find comprehensive data on legal actions across multiple jurisdictions. That said, aggregate data from 2005 makes it clear that contract disputes rank near the top of business owners’ legal concerns. In 2008, the Bureau of Justice Statistics (BJS)...
Business Litigation
What Is The Preponderance Of The Evidence?
You probably know that you’re innocent until proven guilty. However, that’s criminal law. In the civil cases that most often concern businesses, there’s no guilt or innocence. The standard that drives most civil cases is the “preponderance of the evidence.” So, what...
Are Company Officers Responsible for Maintaining Oversight?
The Delaware Court of Chancery recently ruled that corporate officers have a duty of oversight. While courts in other jurisdictions may not need to follow the Court of Chancery’s lead, they’re likely to review it closely. As a result, many in the legal field have...
Protecting the Business from Data Breaches
It’s been several years since the problems of data breaches screamed their way into the headlines with the attacks on Target and Equifax. Since then, you might not have heard of any other large, recent breaches. However, if you thought the problem had subsided, you...
What is a Daubert win?
Expert witness testimony is often crucial to a solid legal case. This is especially true when the plaintiff or defendant needs to present sophisticated concepts to the jury. Good expert testimony can sway the jury’s opinion. Bad testimony can taint it. Accordingly, it...
Lien-Based Medical Treatment: How Much Should Healthcare Cost?
In any personal injury case, especially any serious injury case, medical expenses play a key role. The medical expenses, themselves, can be quite significant. They also frequently inform any awards for non-economic damages, such as pain and suffering. Accordingly, it...
Are Nuclear Verdicts The New Normal?
The answer to the titular question is, “Yes.” Nuclear verdicts have become the new normal. Though the change may be hard to process, it has been a long time in the making. The real question, therefore, may be whether it’s possible to push back against this trend and,...
How Backed Up Are The Courts?
In early 2021, one Texas attorney went viral on YouTube after declaring during a trial that he was “not a cat.” The attorney, who had been participating in a case before the 394th district of Texas, had been unable to disable a filter that made him appear like a cat...
Supreme Court Quietly Dismisses Certain Emotional Distress Claims
The Supreme Court’s last session was anything but dull. There was no shortage of news and controversy surrounding the Court’s biggest and most notable decisions. However, the Court also offered other opinions that drew far less attention. These include an opinion...
What can airlines learn from the case of Day v. SkyWest?
Airlines are no strangers to lengthy laws and regulations. They must comply with the masses of regulations set forth and enforced by multiple government agencies, and if they run international flights, they must also familiarize themselves with the Montreal...