Civil litigation articles include how to find the right trial attorney and how to avoid civil litigation by planning ahead.

Civil Litigation

What is Civil Litigation? Ask a Civil Law Attorney for Legal Advice Civil litigation refers to the legal proceedings dealing with relationships between people and businesses, rather than issues of a person or people versus the government, as is the case with criminal litigation. Issues handled in civil court are referred to as civil disputes, […]

Common Types of Civil Disputes

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Civil disputes are some of the most common cases to appear in court. Civil cases differ from criminal in that generally the prosecution in criminal cases represents the state, while in civil cases the parties represent themselves or hire a private lawyer. In civil cases, one or both parties are seeking compensation from the other. […]

What Kind of Offenses Are Handled in Municipal Court?

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For the average person without legal experience, it can be tricky to figure out what offenses are specifically handled in municipal court. It may help to know that a municipality is any city or town with its own local government and corporate status, so it follows that municipal courts handle matters which occur within that […]

What is a Trial Attorney, and Why Do You Need One?

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Attorney Brian Davis | 888-592-5071 | Free Consult “You’re better off with a trial attorney, a true lawyer who knows how to go into the courtroom and try a case because that lawyer is going to start off as soon as they’re hired gathering what they’re going to need should that case actually end up […]

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What Are the Basics of Small Claims Court?

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Whether you are filing a claim against someone or you are being sued, for most people, it is a new experience. When you do not have experience with something, you tend to make mistakes that those who have been there before would easily avoid. One legal venue that regular joes and janes are likely to […]

Cruises Are Potential Hot Spots for Sexual Assault

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Cruises often boast that they will provide an amazing and unforgettable experience for all, and many of them offer passengers a chance to explore the world in one of the most convenient ways thanks to gourmet food, gambling, shopping, entertainment, and even a spa. Unfortunately, sexual assault claims from adults and minors have revealed that […]

Blatant Discrimination Against Alternative Gender Expression in Texas

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The right of all American citizens to “life, liberty and the pursuit of happiness” is fine and dandy for some fellow Americans until a person’s pursuit leads to challenging gender roles or sexual orientation in any way. Recently in Texas, a 21-year-old man, Bobby Rodriguez, experienced discrimination when he was prevented from entering a nightclub in […]

Blogging, Social Media, and Libel Laws

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In 2017, the number of blogs on Tumblr alone was estimated to be around 350 million, according to, a source considered to be trustworthy for tech stats. This is obviously quite a large number, and it is only growing more and more. So it is no surprise that in this readily available platform where […]

The Risky Truth About File Sharing and Intellectual Property

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In 2013, Joel Tenenbaum was charged with illegally downloading and sharing copyrighted files.  He was accused by Sony BMG Music Entertainment, Warner Bros. Records, and UMG Recordings for violating U.S. copyright law.  The assessed damages were $675,000, but the judge reduced it down to $67,500.  The reduction was appealed, the $675,000 was reinstated, and Tenenbaum […]

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What are Consumer Protection Laws?

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Consumer protection laws are federal and state statutes that regulate seller and lender practices concerning consumer goods. The Consumer Product Safety Commission (CPSC) and Federal Trade Commission (FTC) are federal agencies that handle product safety standards and consumer complaints, respectively. These laws typically go beyond the traditional legal remedies available for breach of warranty. These […]

Do Emails Comprise a Special Class of Privileged eDiscovery Documents?

A pertinent question is whether the attorney-client privilege and/or work product doctrine can attach to any email that is sent to counsel? This is one of the issues that the court looked at in John W. Lee, III, v. Chicago Youth Centers; and Harry Wells, No. 12 C 9245 (N.D. Ill. June 10, 2014). The […]

Is ESI Produced in the Usual Course of Business Required to Be Organized by Plaintiffs?

Balancing the burden and expense of reviewing documents is a scenario that plays out many times over in eDiscovery and discovery in general. The court addressed this issue in FDIC-R v. Walter B. Bowden, et al., Case No. CV413-245 (S.D. Ga. June 6, 2014). The parties tried, but failed to agree on a Joint Protocol […]

Is eDiscovery Able to Facilitate Interrogatories and Disclosures?

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In the United States District Court for the Eastern District of Pennsylvania, the court looked at whether eDiscovery facilitated interrogatories as they pertain to early fact disclosure. In re: Domestic Drywall Antitrust Litig., MDL No. 2437, 2014 WL 1909260 (E.D. Pa. may 12, 2014) (Baylson, J.). Defendants moved to compel Plaintiffs to respond to two […]

Is Video Surveillance a Form of ESI That Warrants Delayed Production?

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In Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014), the court was presented with the difficult question of if and when video surveillance should warrant delayed production. Plaintiff was injured as a result of a slip and fall in a Target Store. Plaintiff in requested that Defendant produce a copy of the […]

Depakote Lawsuit Settled For $9.5 Million


Depakote manufacturer Abbott Laboratories has agreed to a $9.5 million settlement with the state of Louisiana over allegations of Medicaid fraud. According to the Washington Examiner, the state filed a lawsuit in 2011 against Abbott, saying it mis-branded the anti-epileptic medication and promoted the drug to control agitation and aggression in elderly dementia patients without […]

Does Video Surveillance Fall into the Category of Discoverable ESI or Privileged Work-Product?

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A complex question in the realm of eDiscovery looks towards whether video surveillance, as ESI, can be considered protected work product. The court took up the issue in Sowell v. TARGET CORPORATION, No. 5:14-cv-93-RS-GRJ (N.D. Fla. May 28, 2014). Plaintiff alleged injuries resulting from a slip and fall in a Target Store. When Plaintiff submitted […]

Looking for Case Law on Native File Formatting?


Sekisui Am. Corp. v. Hart[1] (Hon. Shira A. Scheindlin stated metadata in native formatting has significant value as part of electronically stored information (ESI) in dicta.) Aguilar v. Immigration & Customs Enforcement Div.[2] (The court noted load files complete with metadata is proper in eDiscovery.) In Re Inc. Sec. Litig.[3] (Court ordered the production […]

Pro Tip: Don’t Write about Confidential Settlements on Facebook!


A teenage girl and her family got a big lesson regarding confidential settlements and Facebook overshare. The teen’s father was the former head of Gulliver Preparatory School and alleged age discrimination after he was released from his position. The parties eventually settled out of court, but included in the settlement was a confidentiality clause that […]