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This text examines the 25-year case that began as an auto accident and concluded by making constitutional law. It produced both a hotly contested negligence trial and a pathbreaking insurance bad faith case. Along the way, both the Utah and United States Supreme Courts would make significant rulings on settlement, evidence, and punitive damages. The text demonstrates the manner in which many strands of law and policy coalesce in a lawsuit, illustrating the modern legal landscape of torts, civil litigation, contracts, evidence, insurance, professional responsibility, and negotiation and settlement, as well as trial practice.
An examination of how some legal issues are losing cases - but that's okay because advances are still possible.
Real estate is the American dream. The litigation over its bounties is one of the most complex and aggressive pursuits in the law. This book serves as a guide for successfully getting you through all of real estate litigation's twists and turns. Written by an experienced real estate litigator, the book provides guidance on litigating complex cases involving boundaries, easements, access, title, and other real estate disputes. Includes sample pleadings, motions, injunctions and more.
This book is a follow-up to the comprehensive Managing Business Disputes in Today's China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the 'Belt and Road Initiative' (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the 'Afrina Government's' ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.
Now, they share their secrets of trying complex cases to a jury, including bad faith cases. Friedman and Malone help you consider your theme and strategy for trial using his "Rules of the Road" technique, and then takes you from the pleading through discovery and trial.
Same-sex marriage has become one of the defining social issues in contemporary U.S. politics. State court decisions finding in favor of same-sex relationship equality claims have been central to the issue's ascent from nowhere to near the top of the national political agenda. Same Sex Marriage in the United States tells the story of the legal and cultural shift, its backlash, and how it has evolved over the past 15 years. This book aids in a classroom examination of the legal, political, and social developments surrounding the issue of same-sex marriage in the United States. While books about same-sex marriage have proliferated in recent years, few, if any, have provided a clear and comprehensive account of the litigation for same-sex marriage, and its successes and failures, as this book does. Updated through 2013, this edition details the watershed rulings in favor of same-sex marriage: the Supreme Court's June 26th repeal of DOMA, and of Proposition 8 in California, as well as the many states (New Jersey, Illinois, New Mexico, Hawaii, and Nevada among others) where activists and public leaders have made recent strides to ensure that gay couples have an equal right to marry.
Collaborative Law began with a family lawyer who was disenchanted with the negative effects of litigation on clients and their lawyers. Out of his frustration, a new dispute resolution process was born. Lawyers soon realized that there are many reasons that the benefits of the collaborative process should be extended beyond family cases. Collaborative lawyers discovered that disputes could be settled quickly at a fraction of the cost of ordinary litigation due to a completely different approach to negotiations. In addition, the process offers a confidential forum away from the courthouse, and scheduling is at the discretion of the parties rather than court dockets. Knowing that the majority of classes in law schools emphasize an adversarial approach to dispute resolution, this author set out to compile materials to teach law and business students about this new non-adversarial form of dispute resolution which focuses on the clients and their interests and concerns rather than the lawyers and the legal system. Beginning with a history of the law and continuing through a review of several forms of dispute resolution, the text then addresses the collaborative process and provides questions and exercises for readers to use in developing collaborative skills of their own.
More than 40,000 people are killed on our highways each year, & millions more are injured. Bad drivers & bad vehicles alone do not account for this carnage. The highway itself is often a contributing -even determining -cause of accidents.