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27 06, 2017

TOP 7 EXCEPTIONS TO THE HEARSAY RULE

By | 2017-06-27T07:37:09+00:00 June 27th, 2017|Business Litigation, Civil Litigation|Comments Off on TOP 7 EXCEPTIONS TO THE HEARSAY RULE

Hearsay is defined as an out-of-court statement introduced to prove the truth of its contents. In a prior article, we discussed out-of-court statements which did not constitute hearsay and, therefore, are admissible in evidence. As an example, an offer made by a seller to sell his car to a prospective buyer for $5000, and the [...]

21 06, 2017

Want to Make a Federal Case of it?

By | 2017-06-21T12:04:06+00:00 June 21st, 2017|Business Litigation, Civil Litigation|Comments Off on Want to Make a Federal Case of it?

It amuses me when I find myself resorting to one of the many “sayings” or “expressions” I learned early in my childhood, and have always understood, but the derivation of which I did not bother to investigate or learn until much later. Just now, for example, remembering how my mother would say “I don’t want [...]

26 04, 2017

BATTLING A TRADEMARK INFRINGEMENT LAWSUIT

By | 2017-04-26T11:47:41+00:00 April 26th, 2017|Civil Litigation, Intellectual Property, Trademark, Uncategorized|Comments Off on BATTLING A TRADEMARK INFRINGEMENT LAWSUIT

What is trademark infringement? In a nutshell, trademark infringement is the unlawful use of an established trademark or a confusingly similar one with the same or similar goods or services. Depending on the circumstances, a trademark owner who believes its mark is being infringed may file a civil lawsuit in either state or federal court. [...]

11 04, 2017

Are Class Action Waivers Enforceable in California?

By | 2017-04-11T07:56:05+00:00 April 11th, 2017|Civil Litigation, Contract law, Labor & Employment Law, Uncategorized|Comments Off on Are Class Action Waivers Enforceable in California?

While there is no doubt California courts have openly expressed hostility toward the enforcement of class action waivers, state court and ninth circuit court decisions finding such waivers unenforceable have been consistently reversed on appeal to the United States Supreme Court, where the waivers are contained in an agreement to arbitrate pursuant to the Federal [...]

4 04, 2017

HEARSAY – WHAT IT IS AND WHAT IT ISN’T

By | 2017-04-26T08:37:02+00:00 April 4th, 2017|Business Litigation, Civil Litigation, Commercial Ligitation|Comments Off on HEARSAY – WHAT IT IS AND WHAT IT ISN’T

Introduction If you are involved in a legal dispute, are unable to settle it, and find yourself in trial, you and your trial attorney will be required to present your claims (if you are a plaintiff) or your defenses to the other side’s claims (if you are a defendant). How exactly you and your attorney [...]