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Category: Litigation

Attacking Adverse Experts

Attacking Adverse Experts

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Instead of a hearing, the participant may request a record review. (c) If a participant is represented by an authorized representative, the authorized representative must file a declaration with NAD, executed in accordance with 28 U. In so ruling, the court relied on Second Circuit case law that had previously been understood to establish that amendments to multiemployer plans that concern "'the allocation of a finite asset pool to which each participating employer has contributed' could properly be treated as fiduciary functions."

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Betting the Company: Complex Negotiation Strategies for Law

Betting the Company: Complex Negotiation Strategies for Law

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Language: English

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If the time for answer has passed (usually most attorneys wait 45 days after service) then you may be entitled to default judgment. Aggravated damages are different from punitive damages, which may only be awarded in circumstances where the defendant’s conduct is of such nature that it merits punishment. Any employer who does decide to return a driver to safety-sensitive duties must ensure that the driver: 1) has been evaluated by a substance abuse professional; 2) has complied with any recommended treatment; 3) has taken a return-to-duty alcohol test (with a result less than 0.02); and 4) is subject to unannounced follow-up alcohol tests.

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New Jersey Employment Law 2016

New Jersey Employment Law 2016

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Language: English

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The new Rules replace the old terminology of "discovery" of records, with "disclosure" of records. The Politicization of the Courts: The Crocodile in Our Bathtub Mr. You should do your best to maintain all applicable privileges. The documentation of the collection process should describe what is being collected, the procedures employed, and steps taken to ensure the integrity of the information collected. Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions. (a) Application.

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Banking and Finance Litigation Strategies: Leading Lawyers

Banking and Finance Litigation Strategies: Leading Lawyers

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Language: English

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Pretrial Preparation And Trial Procedures; Direct Examination, Cross-Examination, Redirect, And Rebuttal, Curtis Alva, Fabienne Fahnestock, and Anne C. Among the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention: » The character of the Indian Constitution. For example, be sure to give employees a say in choosing the arbitrator and not make it the employer's choice alone.

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California Civil Litigation

California Civil Litigation

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Language: English

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Size: 14.66 MB

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January 15, 2016: Supreme Judicial Court invites comments on proposed administrative order regarding sealing of certain filed documents, images, and recordings. For example if as a consequence of a low recovery of damages the total costs payable by the client is low, irrespective of the value of time spent, the costs payable by an opponent will be limited to that payable by the client under the terms of the DBA. If an accident has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit.

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Fatal Accidents Claims And Secondary Victims

Fatal Accidents Claims And Secondary Victims

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Language: English

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In cases where there is no clerk, the papers shall be filed with the justice. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. Judge Kennelly granted plaintiff Bodum’s Fed. Notwithstanding HRS § 560:5-431(d), where a conservatorship terminates because of the death of the protected person or attainment of the age of majority or emancipation by the protected person, the conservator may be discharged on an ex parte basis.

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Paralegal Trial Handbook, 2/E (Paralegal Practice Library)

Paralegal Trial Handbook, 2/E (Paralegal Practice Library)

Format: Hardcover

Language: English

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Size: 9.15 MB

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Continuance of the trial of a complex action should rarely be granted and then only upon good cause shown. (c) The Case Management Order. Any component of the attorney discipline system may refer to a diversion program, on a voluntary basis, an attorney who engages in conduct that does not violate the rules of professional conduct but which should be addressed as a corrective matter. Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC through Public Interest Litigation directed the Co.

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World's Wackiest Lawsuits

World's Wackiest Lawsuits

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Language: English

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S. at 323.) The moving party in state court must present proof of the lack of evidence to shift the burden to the adversary. Formalized the Small Business Subcontracting Plan requirement in contracts over $500,000 to large businesses. If the accident was recent, go look at the scene - and take your expert. The possibility of court confirmation and overbid procedures may have an adverse impact on the personal representative's ability to sell the property and, thus, lower the sales price.

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Weissenberger's Federal Civil Procedure 2008 Litigation

Weissenberger's Federal Civil Procedure 2008 Litigation

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Any objection to the authenticity or genuineness of documents is to be made in writing within 21 calendar days of the date the receiving party receives them. Litigation Paralegal Resume Sample One is one of three resumes for this position. The CFPB’s rules help every borrower, whether struggling or not, by bringing greater transparency to the market with clear and timely information about mortgages. The intent of the petition is to have a court confirm the arbitration award.

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Electronic Records Management and e-Discovery: Leading

Electronic Records Management and e-Discovery: Leading

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Language: English

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Size: 5.89 MB

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Proportionality is key to scope of discovery. They confer powers or special rights or exemptions on specific individuals or groups. Transmittal I-3-122 posted August 4, 2015 removes section I-3-0-85. The Certified Legal Secretary Specialist: Business Law Examination consists of questions regarding business law and procedures, as well as secretarial knowledge, grammar, and ethics. Testimony — or a certification under Rule 902 — that a diligent search failed to disclose a public record or statement if: (i) the record or statement does not exist; (ii) a matter did not occur or exist, if a public office regularly kept a record or statement for a matter of that kind; and (B) in a criminal case, a prosecutor who intends to offer a certification provides written notice of that intent at least 14 days before trial, and the defendant does not object in writing within 7 days of receiving the notice — unless the court sets a different time for the notice or the objection. (11) Records of Religious Organizations Concerning Personal or Family History.

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