Litigation

Circuit Court Lacked Jurisdiction to Award Post-Judgment Attorney Fees - Should Have Vacated Void Order Under Rule 60(b)(4)
Well after the deadline had passed for filing post-judgment motions, the circuit court purported to grant a new motion to award the defendant attorney fees...

Mandamus Not Appropriate Where Party Had Remedy On Appeal
In Shamburger v. Lambert, [Ms. 2080218] (Ala. Civ. App. May 29, 2009), the Court of Civil Appeals reversed the writ of mandamus issued by the circuit court on a review of a district court judgment...

Amended complaint filed pursuant to Ala. R. Civ. P. 78 defeats finality of judgment
In Parris v. Prison Health Services, Inc., [Ms. 2061100] (Ala. Civ. App. March 21, 2008), the Court of Civil Appeals dismissed an appeal for lack of jurisdiction because of the presence of an amended complaint filed pursuant to Ala...

Rule 60(b)(5) Motion Cannot Be Used As Substitute For Appeal
In NHS Management, LLC v. Wright, [Ms. 2071129] (May 29, 2006), the Court of Civil Appeals reversed the trial court's granting of a Rule 60(b)(5) motion for relief from judgment due to an alleged change in the law because the Rule 60(b)(5) motion was being used as a substitute for an appeal...

COA Issues Significant Arbitration Waiver Decision
Today the Court of Appeals (COA) issued a significant arbitration decision: the Court held that if a defendant loses a motion to compel arbitration, the defendant's failure to take an immediate interlocutory appeal may result in a waiver of the right to arbitration...

Several Appeals Later, Legal Malpractice Case Dismissed in NJ
This legal malpractice case from New Jersey illustrates an interesting point.  DONALD ERICKSON, Plaintiff-Appellant, v...

Trial Court Has No Jurisdiction to "Reconsider" Denial of Post-Judgment Motion; Must Hold Hearing on Motion for Remittitur
A circuit court loses jurisdiction after denying a post-judgment motion. The court thus cannot “reconsider” its denial...

Motion to Set Aside Default Judgment Tolls Appeal Deadline; Redundant Rule 59(e) Motion "Not Allowed"
The Court of Civil Appeals ordered the circuit court to set aside a default judgment...

Plaintiff's Motion for Summary Judgment on Defendant's Inequitable Conduct Claims Granted
Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., 540 F.Supp...

Mesothelioma Law Suit
Asbestos Exposure

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law

Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...

Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...

How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here

1. Sub contractor started up a compe...

Wrongful Death
alleging death was caused by the conduct of negligent defendant.

Personal Injury
Appeals Court Upholds Congressional Legislation

Rutland School District
Double pay offered as part of class action wage dispute settlement, pending court approval.

US Postal Service Workers
File Labor and Wages Class Action

Deja Vu
Exotic Dancers file class action claiming back wages

Civil / Human Rights
alleging violations of basic human and civil rights.