What Is An Injunction Against Someone?

An injunction is a legal remedy imposed by a court in order to get another party to do something or stop doing something.There are three types of injunctions. These include a preliminary injunction, a temporary restraining order, and a permanent injunction.Preliminary InjunctionAlthough rarely issued, a court may grant a preliminary injunction prior to court if it is necessary to avoid damages.Temporary Restraining OrderA court may issue a temporary restraining order while they make their decision on whether or not to impose a preliminary restraining order. Temporary restraining orders are typically limited in scope and duration.Permanent InjunctionAfter trial, if a court decides to impose a permanent injunction, this means that the offending party must permanently start or stop acting in a certain way.What happens if the offending party continues their conduct despite the injunction?Once a judge has decided to issue an injunction, all parties must abide by that ruling or else face monetary penalties or worse, jail time.What are some examples of an injunction?A family that moves into a new house and has neighbors that will not stop playing loud music late at night, despite being asked multiple times not to, may seek an injunction to get their neighbors to stop.A company may seek out an immediate injunction against a former employee who has expressed a desire to go public with company trade secrets.For more information about injunctions, send us a message.[formidable id="7" title="1"]

Filing A Lawsuit? What To Look For In A Civil Litigation Lawyer

Filing a lawsuit can be an intimidating process. You will want to find the best civil litigation lawyer you can affordable, but what are some of most important qualities you should look for when researching lawyers?What qualities should you look for in a civil litigation lawyer so that you have the best chance of winning your case?

• Past history of success with cases similar to yours
• Honest about the case’s chances
• Has the client’s best interests in mind
• Strong written and oral advocacy skills
• Excellent negotiation skills
• Up-to-date on the current legal research techniques
• Top-notch interpersonal skills and persuasiveness
• Knowledge of procedural law

Ability to understand complex material and break it down to others with clarity and concisenessMost cases settle before going to trial. Finding a lawyer with strong interpersonal skills, who can work with the other party’s counsel to reach a reasonable agreement prior to pursuing litigation, can save a client money, time, and stress. If, however, the client does not approve of the proposed settlement and would rather fight it out before a judge, finding a lawyer who is a pitbull in court, may be a more important quality. Either way, finding a lawyer who will listen to your legal needs is a top priority. A good civil litigation lawyer, however, will be honest about your cases chances and make recommendations based on your goals.For more information about finding a good civil litigation lawyer, send us a message.[formidable id="7" title="1"]

E-Commerce Lawsuit: Can You Sue An Online Business?

In the last few decades, e-commerce has grown to become an important part of peoples’ everyday lives. From ordering packages to buying services and sending data, the internet has changed the way we do business, which inevitably also means problems can and will arise.When legal trouble does occur, can you sue an online business? Depending on where the seller or owner of the website lives and operates out of, it can be incredibly difficult, if not impossible, to bring a lawsuit against them. Another factor is how often they conduct business in your area. The closer they live to you and the more often they conduct business in your area, the better chance you may have of bringing a lawsuit against them.What are the rules to an e-commerce lawsuit? Ask these questions:Does the website or online business advertise in your state?Did the online business know where you lived, in other words, did you purchase a product that was shipped to you?Does the online business have employees that conduct business in the state you reside in?Does this online business have a registered agent that services the state you live in?Does the online business have brick and mortar stores in your state?Does the website you did business with do direct sales?Did you agree to the websites ‘terms and conditions’ prior to purchasing the product or service?Did the business knowingly sell a defective product?Generally, the terms of the contract dictate where a lawsuit can be brought. Additionally, many terms and conditions have arbitration clauses to settle matters outside of court. If a business, however, knowingly sells a defective product, and does business in the area where the victim is located, then the victim can bring a personal injury lawsuit in their state against the business.For more information about suing an online business, send us a message.[formidable id="7" title="1"]

What Does Power of Attorney Give You?

When a person (principal) is incapacitated or unable to handle their own personal affairs, a friend or family member is often given ‘power of attorney’ to make decisions on their behalf and to manage their affairs.The person selected to have power of attorney, called an ‘agent’, is generally a close and trusted friend or relative of the principal.There are many reasons why a person may need power of attorney (POA). Their mental capacity may diminish due to disease, illness, injury or age and can no longer take care of their own personal and financial situation.In these events, a close relative or friend is often given POA to assist in taking care of the person’s well-being.What rights does POA give an agent?Make healthcare decisions including what medical treatment the principal receives, what doctors they see, where they live, what they eat, who bathes them, and how much to spend on care.-Hospital care-Surgery-Home health care-Psychiatric care-Nursing home care-Assisted livingMake financial decisions including paying for healthcare, housing expenses and other bills, making investments of the principal’s behalf, managing property, filing taxes, and applying for benefits.What are a POA agent’s limitations?They cannot make decisions for the principal after their death. After death, the decisions fall to the principal’s executor of their estate. The agent cannot make any decision that would not be in the principal’s best interest. Lastly, the agent cannot transfer their POA to another person.POA is an area of law that’s constantly being refined. It’s vague terminology often allows those who have received the power to make decisions about the personal health, estate, and finances of the incapacitated individual that other family member or friends may not agree with. This often results in disputes and litigation between family and the agent.Setting up and establishing power of attorney can be a confusing process. Therefore, it’s best that any party looking to set it up seek out legal guidance from an attorney.[formidable id="7" title="1"]

How To Respond To A Demand Letter

A demand letter is letter that makes a legal claim which demands another party to take an action or make restitution.Many parties use demand letters as a way to try to resolve a dispute or breach of contract before filing a lawsuit.When a company or individual receives a demand letter, do not ignore it. It’s important to respond to the demand letter and consider the claims. Failing to do so can place the business or individual in legal hot water.When you receive a demand letter:1. Remove any personal emotions from the matter.2. Consult with an attorney about drafting a formal response if the matter is complex.3. Write the letter on company letterhead and respond in a professional matter.4. Lay out all the facts of the claim to argue your case.5. Respond within the requested time frame using both email and postal service and keep your receipts of to prove it was delivered.Take the time to try to understand the obligee’s arguments and whether they have any merit. Assessing the situation from their point of view can help you draft your counterclaims and determine if any of their demands are valid and worth compensation.Be aware that this letter can be used against you in a court of law. Being threatening or using unprofessional language can result in you having a harder time defending your case in court.Presenting a strong counter argument to the demand letter’s claims can put you in a strong position. The opposing counsel may recommend that their client drop their dispute or pursue more conciliatory resolutions.[formidable id="7" title="1"]

How To Win New York Unjust Enrichment Claims

What are unjust enrichment claims?In contract law, an unjust enrichment claim happens when one party gains a benefit at the expense of another party. Unlike other causes of action, unjust enrichment does not require the plaintiff to prove that the defendant acted with intention. Likewise, they do not have to prove that the defendant acted wrongly either.To successfully prove an unjust enrichment claim the plaintiff must ask the following questions:1. Was the defendant was enriched?2. Was this enrichment was at the expense of the plaintiff?3. Was the enrichment unjust?4. Does the defendant have a defense against the claim?3. And, is the defendant is obligated, in good conscience, to make restitution if found to have be unjustly enriched at the expense of the plaintiff?One final note, a plaintiff cannot make both a claim for unjust enrichment as well as a claim for breach of contract at the same time, the court will only accept one or the other.For more information about unjust enrichment claims in New York, send us a message.[formidable id="7" title="1"]

Increasing Disability Discrimination in the Healthcare Industry

There are three different nondiscrimination laws that mandate that covered healthcare facilities take certain steps to accommodate individuals with disabilities to prevent discrimination.Healthcare facilities that receive federal funding are considered public accommodations under the law and therefore not allowed to discriminate against anyone with disabilities.If a person with a qualified disability, such as deafness, for example, is denied their request for a qualified sign language interpreter at a federally funded healthcare center, the healthcare center may be liable for discrimination. This is because denying the request for a ASL interpreter prevented the disabled individual from participating equally in their healthcare.While a court may order any healthcare facility found guilty of disability discrimination to change their policy, implement new procedures, and provide employee training on disabilities, they can also award plaintiffs who suffered as a result of the healthcare facility’s disability discrimination damages and attorney’s fees because the facility acted with indifference.Other disabilities that are frequented discriminated against in the healthcare industry include, but are not limited to:

• Blindness
• Individuals who lawfully took controlled substances for medical conditions
• Obesity
• Paralysis

Send us a message if you would like to learn more about disability discrimination in the healthcare industry and if you’ve suffered as a result, contact us to learn more about disability discrimination litigation.[formidable id="7" title="1"]

Breakthrough in the Sandy Hook Defamation Lawsuit Against InfoWars’ Alex Jones

Families of the Sandy Hook school shooting victims, in Newtown Connecticut, are one step closer to winning their defamation lawsuits against conspiracy theorist Alex Jones.After the Sandy Hook school shooting where multiple children were murdered, Jones, owner and radio show host of the website InfoWars, streamed multiple segments where he bogusly alleged that the families of the deceased children were actors working on a plan to take away firearms from the public.Jones’ may benefit from making these types of false allegations because his website sells gun paraphernalia along with survival gear and diet supplements.Multiple Sandy Hook families have filed lawsuits against Jones, claiming they have, as a result of his false claims, caused them to receive death threats, harassment, stalking and online abuse.A Texas judge for one of the lawsuits has ordered Jones’ and his company representatives to submit to questioning to the lawyer of the mother, Scarlett Lewis, of one of the children killed at Sandy Hook Elementary School. Additionally the judge is also giving the plaintiff’s counsel access to Jones’ business records.In Connecticut, a judge is ordering InfoWars’ business partners and representatives to testify, and may grant the plaintiff’s request to depose Alex Jones as well as some of the InfoWars’ reporters.The families are pursing the case to stop Jones’ and other marketers like him from spreading falsehoods that cause families harm, injury, and pain and suffering.Mr. Jones’ attorney continues to fight to try to keep the business records sealed and he is also attempting to move the location of the trial farther away Newtown, the scene of the Sandy Hook school shooting.For more information about defamation lawsuits and the process of suing a big-name figure in any industry for slander or libel, send us a message.[formidable id="7" title="1"]

Should I Hire In-House Counsel?

Is your business drowning in legal bills from your outside law firm?

Do you have trouble getting your attorneys on the phone when you need them the most?

When you do get them on the phone, are you overcome with anxiety about the bills you will be getting, even when they are handling minor legal issues?

You might be thinking it's time to hire in-house counsel.The problem is, businesses run into a whole host of problems when they bring on full-time in-house counsel. In-house counsel can be tepid, lazy and otherwise ineffective.Fortunately, there is another option that you may not have known existed. It’s a successful option called the "Outside-In-House Counsel" relationship where a firm works with several businesses across the country in a close-knit capacity. These firms provide the on-call service you would expect from your in-house counsel, but operate powerhouse law firms, providing aggressive representation. And because they’re not traditionally in-house, the rates are more affordable.Don’t settle for just any old law firm. Let us know if you’d like a referral for one today. Our sponsors are expedient and responsive to their clients' needs.[formidable id="7" title="1"]