argue about the need for the tort reform. The tort reform is a cap that the civil justice system has placed on how much can be awarded in punitive damages. Many Americans see civil lawsuits as a waste of money‚ they believe that too much money is being given away. A lot of pressure is put on trial lawyers to not accept lawsuits that can be perceived as petty and frivolous. That is just it‚ though‚ any situation can be perceived in a completely different way. For example‚ having a weird and unexpected
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has never given Parody permission to use his image. He further contends that through his attorney he sent Parody a cease and desist letter. Parody refused to stop selling cards with Swoboda’s name and images. In response‚ Swoboda filed the instant lawsuit to enjoin Parody from the continued use of his name and likeness and for damages for violating his right to publicity‚ and‚ alternatively‚ damages for unjust enrichment. The trial court sustained the exception of lack of personal jurisdiction and
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them financially with an active lawsuit that will make the news. The laws should have regulations on lawsuits. Lawsuits can be dragged out for years and can affect both parties financially and mentally. For instance‚ the Chungs are being sued by Roy Pearson and the Chungs suffered and almost lost everything due to lawsuit in legal fees and the loss of business (Takruri‚ 2007). The reasons many drag the lawsuits out over years is due to the hopefulness that the lawsuit is dropped or settled out of court
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value of their case or claims”. The article also found that a case can be dropped due to reasons that should have been foreseen by the plaintiff and his attorney. Thorough investigations should be made by a plaintiff and his attorney before filling a lawsuit as this would reduce the number of claims which ultimately reduces the litigation cost. Some scholars from the University of Michigan found that “when defendants provide information efficiently to plaintiffs‚ it helps reduce the number of new cases
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that tort reform prevents “frivolous lawsuits” and lowers medical care costs for the general public. However‚ the evidence proves these ideas false. As tort reform has been shown to do very little‚ if anything‚ to help the American people‚ other methods such as repealing tort reform laws in their entirety should be attempted. Tort reform began in the 1980s as a political and corporate undertaking against large settlements reached in personal injury lawsuits. According to John T. Nockelby‚ director
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and universal professional codes of ethical standards. Case : Amgen Whistleblowing Case Amgen‚ a Thousand Oaks‚ California–based company‚ had the unenviable task of dealing with lawsuits filed by 15 states in 2009 alleging a Medicaid kickback scheme.1 To make matters worse‚ two additional whistleblowing lawsuits were filed against the company in Ventura County. The complaints‚ which don’t appear related to the fraud alleged by the group of states‚ were brought by former employees who said they
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the worst case possible could be something like this; “Feng & Global Service refuses to negotiate‚ pointing out that DGG abandoned and stop making product under the name of Luna. Thus DGG is left with no other choice but to file an uncertain lawsuit which would be both time consuming and costly.” To prevent this from happening‚ it would be unwise to start the first contact with firm stand like writing Feng that his company must cease its unauthorized use of the Luna name‚ and
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the investigation are used to determine the disciplinary action to be taken‚ if any. Complaints that are handled by the Board of Pharmacy involve violation of the regulations governing the board and may not necessarily be linked to a patient. Civil lawsuit on the other hand primarily involves
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Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
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right to protect his home and property. He and his lawyer stated that this right superseded his employment contract. Additionally‚ some employees filed a lawsuit against the
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