If the parties have not requested a trial by jury, Local Rule 38.1, the judge becomes the trier of law (the judge) and the trier of fact (the jury). The judge then enters a Findings of Fact and Conclusions of Law, sometimes prepared by the prevailing party, based on the evidence and arguments presented and then a judgment is entered based on those findings of fact and conclusions of law.
“It would create a situation where any reputable director or producer should never go to cocktail parties,” argued Aaron Moss, a partner at Greenberg Glusker who specializes in intellectual property cases. “If the mere act of asking somebody ‘What are you working on?’ and saying ‘We ought to work together’ is going to give rise to an obligation to pay for whatever happens to come out of the person’s mouth, I think we’re all in trouble.”
After Motherboard’s January investigation, 15 Senators called for the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to properly investigate the sale of phone location data to bounty hunters. The House Committee on Energy and Commerce asked FCC Chairman Ajit Pai to hold an emergency briefing on the issue; Pai refused.
Los Angeles, CA Three ERISA lawsuits – two in the District Court for the Central District of California and two in the Northern District of California – show that ERISA can be a powerful tool to protect workers’ rights. Plan participants who claim that their 401k accounts were mismanaged are on a lawsuit hot streak, and patients who have had coverage denied for medical treatments deemed too “investigational” are beginning to see some success, as well.
If you go by calls and emails Jurisdictionary receives, there's good reason for this! Lawyers who bail at the last minute. Lawyers who don't know what they're doing. And, worst of all, lawyers wishing to curry favor with judges, afraid to stand up to the buffalo in the black robe and demand their clients' rights by making timely objections and threatening appeal.
Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by separate statutory laws, case laws, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules generally reflect this legal context on their face. The details of the procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. These rules of the particular procedures are very important for litigants to know, because the litigants are the ones who dictate the timing and progression of the lawsuit. Litigants are responsible to obtain the suited result and the timing of reaching this result. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even promote the dismissal of the lawsuit altogether.