Litigation

Love and Affection: As Seen Through the Eyes of Justice

As we prepare to celebrate Valentine’s Day, let’s take a moment to ruminate on how judges through the ages have addressed love and affection. We’ll start with Justice Jackson of the US Supreme Court, who authored a dissenting opinion for a 1942 case involving two people who had left their homes and respective spouses and set up housekeeping as husband and wife. Jackson first lamented that the case involved three...

What Happens During A Deposition?

So you are told that your deposition will be taken. What does this mean? What do you need to know? What will happen? First, you need to have a basic understanding of what a deposition is. Simply put, a deposition is a tool for discovering facts and information by asking questions of a person. It is always done in connection with a lawsuit, either pending or potential. (In this...

Claimant Dies Before Settlement – What Happens Now?

Take note: a dead person cannot file a lawsuit. Obvious, you say? Well, apparently obvious is never a barrier to stupidity, so we have a long line of cases where appellate courts have had to clarify that dead people can’t litigate. Here are a few gems. “A deceased person does not have an actual or legal existence and thus cannot bring suit.” “A deceased person cannot, without a personal representative, invoke a court’s...