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What is happening to state trial court civil filings?
2024
A fundamental assumption of court administration since its creation as a profession has been the inevitability of growth. There will always be more cases. This will require ever larger courthouses, more judges, more staff, newer technology, and larger budgets. But what does recent history tell us about civil filings? What Is Happening to State Trial Court Civil Filings?: The Unsolved Riddles reviews the experience of five states over the last 16-41 years. The findings are confounding and perplexing. Civil filings are not inexorably rising. There was a surge around the Great Recession, but civil case filing levels in state trial courts are at or below levels 20 years ago. Per capita filings have dropped more steeply. Per capita civil case filing levels vary widely, both within states and across states, and cannot be predicted from population levels. Legislative changes affecting court jurisdiction and procedures, such as increasing the limit of the amount in controversy in small claims court, seldom have the expected effect. Case management programs have unintended consequences. Efforts to assist unrepresented litigants have not reversed the decline in small claims filings. State trial courts need to identify more relevant case type categories, track filings levels in greater detail, and pay attention to the impact of legal and procedural changes on filing levels. Finally, courts should realize that filings are a valuable performance measure of public trust and confidence in the judiciary.
A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission
2024,2023
The fifth edition of this guide to Section 337 investigations reflects insights from decades of cumulative experience before the U.S. International Trade Commission. As practice under Section 337 has increasingly grown, particularly in the last several years, so has interpretation of the law. Many precepts once taken for granted have been overruled and others have arisen that will survive until challenged in the future. This revised and essential guide provides an introduction to practice under Section 337 before the U.S. International Trade Commission for those who are not familiar with it, or for those who want a quick update about what to expect when filing a complaint or in being named as a respondent in a Section 337 investigation. A Lawyer's Guide to Section 337 Investigations Before the U.S. International Trade Commission, Fifth Edition , includes informed analysis and explanation of the participants in these investigations and discusses the unique role played by the ITC. It also focuses on the procedural rules of a Section 337 investigation, including preparation of a complaint, the discovery process and other pre-hearing procedures, the hearing and post-hearing processes and the remedies available to a successful complainant. Other topics addressed include enforcement of a violation ruling, parallel litigation and appellate court review of Commission decisions.
Blockchain for Business Lawyers
by
Giobbe, Dorothy Nicole
,
Walling, Samuel Lewis
,
Rasmussen, Mark W
in
Business Law
,
Deskbook
,
National
2024,2018
Blockchain technology is a major technological innovation that promises to continue to work significant changes in the way we do business in several different fields. Those changes, in turn, will bring new legal challenges that our laws, courts, regulatory agencies, and other institutions will need to address. Although we expect blockchain technology to bring great change in many fields, we do not see it as a panacea. Blockchain technology offers concrete benefits over prior approaches, but it also comes with real costs that can limit or preclude its use in some applications. To better assess the legal challenges facing existing and new applications of blockchain technology, however, it is important to understand the benefits and costs of the technology; that, in turn, requires understanding what blockchain technology is at a deeper, more technical level than existing publications for lawyers on this subject usually attempt. We think achieving that level of understanding is within the capabilities of most lawyers and is worth the effort to do so. Table of Contents: Introduction to Blockchain Technology Securities Laws and Regulations Commodities Laws and Regulatory Structure Banking and Related Laws and Regulations State Laws Addressing Blockchain Technology BSA-AML and Sanctions Taxation and Unclaimed Property Smart Code and Smart Contracts Blockchain Technology Security and Privacy Intellectual Property Antitrust Liability Issues
Preparing for a Federal Jury Trial
2023
Table of Contents: Introduction Part I Trial Preparation Voir Dire Opening Statement Trial Evidence After the Close of all Evidence Part II: Interviews Interview of Lori G. Cohen Interview of Chaka M. Patterson Interview of John Kurtz Interview of Keith A. Cutler Part III: Model Trial Notebook.
Design Your Law Practice
by
Reach, Catherine Sanders
,
Bednarz, Jessica, Jessica
in
Practice of law
,
Practice of law-United States
2023
Design Your Law Practice: Using Design Thinking to Get Next Level Results is a one-stop resource to learn the basics of design thinking, gain insight into how design thinking principles have been successfully applied in the legal services sectors, and equip the reader to immediately apply different design thinking approaches to gain tangible.
The reference handbook on the commercial general liability policy
2024,2023
In the commercial insurance industry, the commercial general liability (CGL) policy is the most common form of liability insurance purchased by both public and private sectors in the United States and is perhaps the most litigated insurance product in the marketplace. CGL policies provide the insured with a broad spectrum of protection against unintentional and unexpected risk arising out of the conduct of the insured's business.The Reference Handbook on the Commercial General Liability Policy, Third Edition, provides concise overviews of the most salient points of insurance litigation over CGL policies. The Third Edition tracks the standard ISO CGL form and includes general updates on a host of coverage issues, such as the insurer's duty to defend and indemnify, the policyholder's duty to comply with policy conditions, \"occurrence\" triggers, covered injuries, damages, insured status, exclusions, loss allocation, and issues beyond the four corners of the policy, like bad faith and jurisdictional concerns. The Third Edition adds new chapters on Coverage C and Supplementary Payments, and weaves in emerging issues such as computer-related liability and opioid litigation.This collaborative work is written by experienced counsel representing both policyholders and insurers. The handbook offers seasoned practitioners with foundational material and leading case law to jump start their research, while guiding newer practitioners through the complexities of CGL policies.
Effectively Representing Clients in Family Mediation
2023
This book provides lawyers with advice about selecting a mediator, preparing clients for mediation, and coaching the clients through the negotiation process to a settlement. It offers wise perspectives, examples from cases, and bullet-point practice tips.
Criminal Law for Family Law Attorneys
by
Shewmaker, Patricia D
,
Lewis, James Robert, IV
,
Shewmaker, Steven P
in
Criminal law-United States
,
Domestic relations-United States
,
Parental kidnapping-United States
2024
There is often an overlap between family law and criminal defense. Sometimes the criminal implications in family law cases are obvious, such as domestic violence, but they are often less so, such as unlawful tracking and surveillance. Family law attorneys who do not understand the criminal implications and recognize this overlap can accidentally exacerbate the situation by not being able to advice their clients properly.Criminal Law for Family Law Attorneys is designed to help family law attorneys keep their clients out of trouble. While this book will not make you an expert in criminal defense, it will help you identify the issues so that you can appropriately advise your client or get them counsel from a criminal defense attorney. Sometimes, the best thing we can do for our clients is identify and address potential issues before they become problems.Table of Contents:Overview of the Criminal Law ProcessThe Family Violence Process: Criminal and CivilChild Protective Services and Domestic/Criminal CaseFamily Violence CrimesMisdemeanor Family Violence Convictions and Firearm PossessionInvasion of PrivacyThe Use of Private InvestigatorsParental Kidnapping and Custodial InterferenceChild Abandonment and Failure to Pay SupportImpact of Criminal Convictions on Retirement Benefits
Representing Franchisees
by
Gardner, Ronald K
,
Lagarias, Peter C
,
Bundy, Howard E
in
Franchises (Retail trade)
,
Franchises (Retail trade)-Management
2024
Representing Franchisees is a reference for lawyers advising and representing the thousands of people and companies who buy franchises every year.A lawyer may become involved at any of many stages: reviewing the federally mandated Franchise Disclosure Document before purchase; negotiating franchise agreement terms; advising on general business.
Innovative Legal Service Applications
2022
In addition to discussing the numerous ways, with many examples, lawyers can improve their service to their clients, the book presents other relevant topics about producing and using innovative legal service applications.That starts with why lawyers should evolve like almost all businesses that strive for better client service.