Legal procedure

To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v.…

PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS Plaintiff DARLA WILLIAMS moves for an order compelling Defendant SARAH MINER to produce documents withheld on the grounds of privilege under the work-product doctrine. Plaintiffs request that Defendant be ordered to produce said documents by close of business on March 17, 2017. I. ARGUMENT A. THERE’S A SUBSTANTIAL NEED FOR STATEMENTS MADE TO THE DEFENDANT’S INSURANCE ADJUSTERS. Federal Rule 26(b)(3) provides that: “ordinarily, a party may not…

Ndeumeni finally contends that the circuit court erred in denying his claim for breach of contract and unjust enrichment. In his counter-claim, Ndeumeni sought $28,680 in damages resulting from damages incurred when Kemogne ceased contributing to the mortgage on the property and yet continued to live on the property. In the final judgment, the trial judge found that Ndeumeni suffered damages in the amount of $25,000 for the time in which Kemogne occupied the property as a wrongful detainer, as…

Mr. Margolin’s lawsuit would be better addressed if he files it within the proper jurisdiction. Jurisdiction is the power of the court to render a decision about the case in question. In this case we have the potential for three jurisdictions, California, Florida and/or New York. Although, Mr. Margolin filed suit against Novelty Now Inc. in the state of New York, the most appropriate jurisdiction would be in California. We know the business owners live in California and if we assumed that…

Strengths: - Foreshadow to the client the reason why we are mailing out the documents. - Foreshadow to the client how long it would take for documents to be received. Opportunities: - Did the Advocate insert relevant and effective LJN’s/Codes? Bryan noted the account as a document request Bryan should have included that the client is upset with our decision of not refunding the deposit and has hired a private investigator to look into documentation. - Empathy: When client said that…

This essay is about a 79-year-old woman, Stella Liebeck, who suffered third-degree burns on 6% of her skin in her pelvic region and knees, when she spilled her hot coffee bought at the McDonald's fast food restaurant, in California. Mrs. Liebeck sued the company and her lawyers argued that McDonald's coffee was defective, saying it was too hot with a high probability of causing serious injury, compared to coffee served in homes and other establishments. Caveat Emptor is a doctrine of…

Specific performance is typically only granted in disputes involving the conveyance of land, due to the unique nature of real property and the inadequacy of money damages. Teri accepted Jack’s offer and the purchase contract they entered into was valid, legal and…

What is a Motion for Non-Disclosure An order of nondisclosure also legally frees you from disclosing information about your criminal history in response to questions on job applications What defendants/offense are eligible file for a Non-Disclosure? 1. The offense must be among those eligible for nondisclosure, AND 2. Successful completion of deferred adjudication and an order of discharge from community supervision. What defendants/offense are not eligible file for a Non-Disclosure? Are…

Female attorneys employed by Farmers Insurance Co. filed suit alleging that the company paid them less than the male attorneys employed by the company. The pay discrimination class action group reached a $4.1 million deal with the insurance company in California federal court. The settlement amount is to be split amongst 300 women who either are or were employed by Farmers as attorneys working as claims litigators throughout the past 4-5 years. The agreement requires that Farmers Insurance Co.…

punitive. The most important thing to take away from this case is that it used primarily to demonstrate how pro tort-reform groups and government officials manipulate public opinion in order to protect corporate America, which reflects the gaps in our legal system that fail to preserve and protect…