Category: Civil and Business Litigation

As many know, statutes of limitations are deadlines in which one can file a lawsuit. There are situations, however, in which these deadlines can may be extended, and/or even shortened. Generally, in both tort and contract cases, the statute of limitations begin to run upon the occurrence of the last element essential to the cause of…

Imagine politicians in one state purposefully drafting legislation to fail in its first assessment by a court. That is precisely what has happened in South Dakota, with the national publication Bloomberg noting that a statute enacted by legislators there “was specifically drafted so the state’s highest court could quickly reject it and send it up…

The employer/worker relationship is both reciprocal and symbiotic: Each party has distinct and singular needs of its own, yet both need each other. And that give and take — that inherent tension, if you will — can sometimes make for an uneasy balance at the workplace. Such is especially the case sometimes regarding select workers.…

One company is an established tech enterprise headquartered in Florida. The other is a just-coming-to-the-party California startup. The following is their connected story, which is borne of acrimony and marked by contractual complexity. The former company, Citrix, employs workers in Raleigh, North Carolina. So too does Egnyte, the latter entity. Several Citrix employees recently left…

“So far, the alleged injury is vague, very indefinite for most people,” says one legal analyst commenting in the wake of what has been described as one of the largest security hacks to have ever occurred in the United States. Equifax fervently hopes that things stay just the same. Because if they don’t, and increasingly…

Is Swedish furniture maker Ikea’s response to a defective product concern adequate or abysmal? Some commentators think that the company has acted ethically and diligently in a safety matter involving many millions of chests and dressers sold to consumers across the United States. Consumer Product Safety Commission Acting Chairman Ann Marie Buerkle is one supporter.…

Here are a couple quick and obvious realities related to manufactured products that are made available to consumers through the market mainstream. First, and notwithstanding the efforts of product designers, makers, wholesalers, retailers and other parties to ensure safety, problematic features do occasionally surface with some goods and merchandise. As a result, safety recalls are…

The fear of the unknown is what keeps a lot of entrepreneurs away from starting up their own businesses. It’s also what stops a lot of existing companies from changing their business models. What if the plan doesn’t work? What if the company loses money too quickly and it is forced to close? Will litigation…

In a blog post last week, we talked with our readers about non-compete clauses and the legal issues they could create for businesses who try to enforce them in states, such as California, where such covenants are considered void. We brought up the topic because of the national sandwich chain Jimmy John’s, which has fallen under scrutiny…

In just about every industry across the nation, employees are required to sign a number of legal documents before they can start their first day of work. From income tax forms to a standard employment contract, these legal documents not only hold an employee responsible for following the law but employers as well. But one…

When a person thinks about contract disputes, he or she probably thinks about builders who don’t meet the needs of a homeowner or a city that doesn’t like the work going on in a neighborhood. There are many kinds of contract disputes that can affect people, though, like this case brings up. In the United…

Does it owe to purposeful bad-faith actions or, rather, the simple inability to conduct proper oversight and maintain accurate records? Either way, says the director of California’s Department of Managed Health Care, it’s “a mess.” “It” is the findings in a recently concluded state report that are, by any measuring stick, truly dismal. The data…

Thanks to our nation’s antitrust laws, businesses in the United States enjoy a healthy level of competition in their respective industries. This competition gives consumers a choice in the products they purchase or services they use. And for businesses, this competition pushes companies to create new products and services that will distinguish them from their…

There is a famous saying probably all of you have heard which is: one bad apple spoils the bunch. The phrase suggests that the bad actions of one person can easily affect the group. And in the case of payday lenders, this statement couldn’t be any truer. If you happen to have read the recent…