Litigation

HAVE YOU BEEN DEFAMED – PART III

If you want to bring a defamation action, the first thing you must prove is that your opponent made a statement about you that damaged your reputation. This is often a highly contentiously litigated issue. Generally, only a statement of fact or that necessarily implies a fact is actionable. For example, if another person were to falsely …

HAVE YOU BEEN DEFAMED? PART II

Your reputation is one of the most valuable assets you possess. You work hard for years to get the reputation as a law-abiding, fair, honest and decent person. Your reputation is invaluable in your business. People do business with you because of your reputation as an honest businessperson. So, what do you do if another …

HAVE YOU BEEN DEFAMED?

Has your reputation been besmirched? Have you been falsely accused of a crime? Have you or your business been unjustly accused of fraud, theft, or even incompetence? Are you uninterested in dueling to restore your honor? Not to worry. The law provides you with a legal and non-violent method of redress. In such a case, …

COMPULSORY ARBITRATION – Part IV: Predictions & Awards

Despite the automatic right to appeal any arbitration ruling, compulsory arbitration does have its uses.  In reasonably common cases involving minor injuries, car crashes and the like, arbitration can be useful, particularly when an insurance company has accepted the defense of the case.  Insurance companies defend so many cases, and so many of those cases …

COMPULSORY ARBITRATION – Part III: Appealable

In the last posting, I mentioned that the decision of the arbitrator is appealable. This is in fact one of the primary problems with compulsory arbitration. Under the Rules of Procedure, any decision of the arbitrator is appealable to the superior court. The appeal is “de novo.” This is a legal term that means that …