DELTA MESSED UP. ARE THE LAWYERS TO BLAME?

RothLawBusiness Services, Lawsuits

The most useful and most ignored advice in crisis management is this: say it early, say it all, and say it yourself. But when media personality Ann Coulter lambasted Delta on Twitter for making her change seat, Delta’s PR department did not say it all or early.  It reacted as emotionally as the rant to which it responded, calling it … Read More

DOWN IN THE TRENCHES

RothLawAppeals, Lawsuits

Do you know the difference between general and special damages? One “actually and necessarily” flows from the alleged wrong; the other “might result” from it but not “necessarily.”  If you think that is a fine line, you are right.  Yet the difference is critical.  General damages are implied by the cause of action (breach of contract, negligence, etc.), but special … Read More

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

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