LGSTS week 3
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This 4 page Class Notes was uploaded by Sophie Levy on Sunday September 18, 2016. The Class Notes belongs to LGST 3010 at Tulane University taught by Sanda Groome in Fall 2016. Since its upload, it has received 8 views. For similar materials see Legal/Ethical/Regul Busn in Business at Tulane University.
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Date Created: 09/18/16
Ch. 4 Thursday, September 8, 2016 10:01 AM Statutes of Limitations - Usually done by state - Ex: Louisiana has a one year statute of limitations on –imif you don't file within the year, you lose your claim Stages of Litigation: figuring out if you really want to sue; most are similar between state and federal court - Make sure the person filing the lawsuit has standing: the party starting the claim must have suffered an injury in fact.. Blah blah ○ Means that you have to be the injured party to have standing ○ Intermediate family has standing to sue ○ Amicus briefs: don’t have standing to sue, but have personal interested; they will file a brief to give their opinion - Pleadings: drafting and filing the complaint ○ Who are the parties ○ Where there is jurisdiction ○ What happened during the incident? § Likely a spin on the facts ○ List damages (property damages, doctor bills and treatment past/future, work compensation) - Prayer: "suck-‐up statement" asking the court to grant them whatever that ask for; apologizes in advance if something is forgotten in the complaint - Complaint ○ Once the defendant has been served with the complaint, they must supply an answer ○ Answer: you must either admit or deny, based on information and belief, that the defendant does not have enough information to answer the question § May admit to some of the facts, but deny the liabilities ○ Abundance of caution: deny - Parties are served(notified) ○ people are rarely at home–If you need something to get served, you call the sheriffs office § May admit to some of the facts, but deny the liabilities ○ Abundance of caution: deny - Parties are served(notified) ○ people are rarely at home–If you need something to get served, you call the sheriffs office They can serve at a workplace/other alternate address ○ ○ If you STILL cannot find someone, you may have to hire a private processor § You need permission from the court to get someone to serve it for you ○ Proper service: does not necessarily need to be directly to the defendant (needs to be served to an adult who lives at the defendant's place of residence) ○ Litigation takes so much time because you need to serve ALL defendants - Discovery:L earning everything about everybody and everything involved in the case– ANYTHING that might be relevant to the case; takes a LONG TIME Interrogatories: written questions between the parties ○ § Car accident example: "have you had any previous traffic violations?" ○ Respect for production of documen:t sny and all evidence; not just paper § "please list each and every doctor you have seen in the past 10 years" § Attach a HYPA form to release all medical records to a law firm § Tax returns, work information, etc. ○ Depositions: face-‐to-‐face questioning § Doesn’t have to be one of ths can be any witness, expert, doctor, etc. § Everyone's in a room, all lawyers are invited, each party may or may not be there § Sworn in and under oath, but not as formal as a trial § Ask for versions of the accident and any overall thoughts ○ (not as common) Request for admissions § Send to party, "please admit this…" § Facts that you don’t have to prove in court ○ Motions Ex: Motion for summary judgment: for this to be passed, everyone has to agree on thtsif everyone agrees, then there is no lawsuit § Can dismiss a portion or all of the case § Ex: After discovery is done, insurance company may file that they don’t cover the incident; there is still a case, but it's not covered - Pretrial conference ○ Federal court will ask you to submit a pretrial statement/order that lists every witness, exhibit, theory of case, reasoning, requested damages… § Can dismiss a portion or all of the case § Ex: After discovery is done, insurance company may file that they don’t cover the incident; there is still a case, but it's not covered - Pretrial conference ○ Federal court will ask you to submit a pretrial statement/order that lists every witness, exhibit, theory of case, reasoning, requested damages… - Trial ○ Judge or jury trial § Most people, when they file a complaint, will ask for a jury trial § Defense will also ask for a jury trial § Don’t make the decision until 6 weeks before trial because it's expensive § May want a judge if it's a highly technical case § May want a jury if it's a highly emotional case § Pre-‐emptory challenges : you don't want that person on your jury; limited □ Cannot dismiss a juror based on race or gender □ But you do not have to have a reason § Sequester jury: when they pick you as jury then pack you up and bring you to a hotel □ For big cases when they don't want you influenced by other people/the media ○ Plaintiffgoes first: presents all evidence ○ Then defense may have a "motion to dismiss" if they think that the plaintiff didn't present a real case § Is not granted very often ○ Then defense presents their case ○ Then the judge will instruct the jury j (ry instructions) § Basically must agree on these jury instructions Civil Court - Usually awarded a monetary amount… but how do you get it? ○ Issues when insurance does not cover the event ○ Judgment debtor examination: filed with the court to find out all of their assets, bank statements, etc. (anything of value that could be used to pay the amount) No court - Alternative Dispute Resolution - Negotiation: ex: after a car accident, exchanging insurance, and figuring out how much is owed - Formal demand letter: notice that a lawyer will be called soon; doesn't always work - Mediation: usually there is a lawyer involved; after a lawsuit is filed and - Alternative Dispute Resolution - Negotiation: ex: after a car accident, exchanging insurance, and figuring out how much is owed - Formal demand letter: notice that a lawyer will be called soon; doesn't always work - Mediation: usually there is a lawyer involved; after a lawsuit is filed and discovery is finished ○ The person who is the mediator must know the law Can be retired lawyers, judges, specialized lawyers ○ ○ Once you figure out a settlement number, it becomes a contract - Arbitration: more formal than mediation; but there is a decision ○ Pick an arbitrator who rules like a judge ○ You cannot walk away from an arbitration Hooters v. Philips: Employee signed a document in the employee manual ○ agreeing that Hooters only arbitrates and doesn't go to court § She had to select an arbitrator from a list provided by Hooters § Hooters had the right to expand the scope of arbitration to move for summary dismissal § Hooters could bring the arbitration to court if they are unhappy with the decision § Courts do not like this because its unfair to the employees - Preferring mediation and arbitration: for time, expense, privacy, preserving business relationship
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