TIGHT-ROPE WAKING

RothLawAppeals, Business Services, Lawsuits

An old maxim holds that every wrong should have a remedy.  For better or worse, this is not exactly true.  Before one can avail oneself of the courts, two things must happen.  The putative plaintiff must have been wronged and he must have been injured as a result.  Without a concrete injury, Courts will not intervene. What causes a concrete … Read More

STILL FIGHTING OVER WHO PAYS

RothLawAppeals, Government Agencies, Lawsuits

A few statutes provide that the prevailing party receives their attorneys’ fees back from the other side.  One would think that who wins in a lawsuit is self-evident.  But while that will often be the case, quirks, twists, and turns happen. Take a case that recently came out of the U.S. Supreme Court.  The EEOC had sued a trucking company … Read More

MORE ARBITRATION PITFALLS

RothLawAppeals, Lawsuits

Our readers are well familiar now with many reasons why arbitration is not recommended in business to business contracts.  And more pitfalls keep coming to mind on a regular basis. So it was, again, when a securities fraud lawsuit was thrown out by a federal court of appeals because the plaintiffs waited too long to file.  But wait, they pleaded: … Read More

WHO HEARS A WHISTLE BLOW?

RothLawAppeals, Business Services, Lawsuits

New laws mean new lawsuits.  The Affordable Care Act and its regulations have alone gone to the Supreme Court three times – on the question of the individual mandate, the contraception mandate, and the availability of subsidies on the federal marketplace.  Those percolated up from dozens of lawsuits, with undoubtedly dozens more on other topics. Dodd-Frank, the post-recession law regulating … Read More

DO NOT DELETE

RothLawLawsuits

Would-be plaintiffs who seek redress against a company will generally start the process by a demand letter.  They do so either because it is mandated by law, or as a matter of strategy, should the dispute be amenable to quick and favorable resolution.  This may seem a boon to businesses.  They might avoid being dragged into Court entirely, or have more … Read More