Pedestrians, bicyclists, and vehicles must work together on the roadways for traffic to flow smoothly. There are specific devices that have been implemented over the years to help ensure this smooth flow and safety of everyone using the roadway. The traffic light helps to keep traffic flowing with little congestion, whereas crosswalks and signals to […]
Widerman Malek Law Blog
Interpleader: Compelling Two Parties to Litigate
Generally, it is understood that one person cannot drag two others into court and force them to fight out an issue. However, as with most things in the law, there are exceptions to this idea. The concept of interpleader is that sometimes one party can compel two or more other parties to determine their rights […]
Losing by Default: Why You Should Never Ignore a Lawsuit
If you have been served with papers for a lawsuit, the temptation to hide your head and pretend it isn’t happening can be very strong and alluring. However, you should never give in to this temptation because if you do, you could end up losing the lawsuit without ever having the chance to make your […]
Minimum Contacts and the International Shoe Case
If you have ever wanted to sue a business (or a person) you probably know that one of the first things you must do is establish that the court has personal jurisdiction over the defendant. Personal jurisdiction means that the court has the ability to exercise its authority over the defendant and force the defendant […]
What’s Required on a Legal Litigation Information Sheet
In the event that you are filing a lawsuit against another person, whether it is for a divorce, accident, or other terms for suing another, having a legal litigation information sheet is required for many states. It may or may not be required in the state that you reside in, but may be required in […]
Ensure Proper Service of Process to Avoid Unnecessary Frustration in Court
One of the basic tenets of our judicial system is that someone cannot be sued unless they have been advised of the lawsuit so they may have the opportunity to appear in court and defend themselves. Although there are some exceptions to the general rule—such as service by publication when a defendant cannot be found—for […]
How Litigation Cases Are Formed
Litigation cases are where a lawsuit was the only option after exhausting the other legal options regarding a dispute. Litigation cases can come in many forms such as an eviction proceeding or an automobile accident. There can be several outcomes of a litigation case, but most of them do not see the inside of a […]
Can the Court Hear Your Case? The Question of Jurisdiction
If you intend to sue someone who has wronged you, you don’t want to go through the expense and hassle of filing a lawsuit only to have it thrown out because the court doesn’t have jurisdiction. As such, it’s good to know about jurisdiction and how it affects you before you get to the point […]
The Civil Risks of a Landlord
A landlord has a lot of responsibility, including providing a safe and secure place for his tenants to live. In addition, however, he has a financial responsibility to his tenants. For example, if a security deposit is not being returned, there has to be ample evidence for keeping that deposit in order to avoid the […]
Monetary Damages in Intellectual Property Cases
In most intellectual property lawsuits (relating to copyrights or trademarks, for example), it is often very difficult for a plaintiff to calculate the exact measure of infringement. Therefore, any damages are normally calculated as a multiple of the price for the use of the property. Other statutes can set a determined amount for every day […]