e-Discovery Professional

Since the dawn of the digital age, most of the world has become incredibly reliant on technology. As a result, it has become commonplace for people and businesses to interact online instead of in person. Though incredibly convenient, these interactions leave electronic footprints. When this electronically-stored information becomes relevant to a civil or criminal lawsuit, an e-discovery professional helps identify, […]

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Emotional Distress

The term “emotional distress” is used to describe a claim that a person has suffered emotional trauma as the result of another person’s actions. Examples of emotional distress can include severe anxiety or anger. In certain cases, such as those pertaining to sexual harassment, the only consequence that a court can legally recognize and award damages for is emotional distress. […]

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Tortious Interference

Tortious interference is the act of intentionally interfering with someone’s business. This may be by directly interfering with a business deal, or by interfering with the day-to-day operations – or even by spreading false claims about the business. Tortious interference is interference that is so egregious as to allow the harmed party to file a civil lawsuit under a “tort,” […]

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Hickman v. Taylor

Following is the case brief for Hickman v. Taylor, 329 U.S. 495 (1947) Case Summary of Hickman v. Taylor: Plaintiffs suing to recover for deaths caused in a tugboat accident served an interrogatory on the tugboat owners, asking for written statements of witnesses interviewed by the tugboat owners’ lawyer.  The lawyer refused. The District Court ordered the lawyer to produce […]

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Gertz v. Robert Welch, Inc.

Following is the case brief for Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) Case Summary of Gertz v. Robert Welch, Inc.: The family of a murder victim hired petitioner to be their attorney in a civil suit against the murderer.  Respondent media organization published defamatory statements about petitioner, including statements that he was a Communist and framed the murderer. […]

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Consequential Damages

Consequential damages are also known as “special damages,” and are damages that are not a direct result of an incident itself, but are instead consequences of that incident. An example of consequential damages would be a driver getting into a car accident because, instead of paying attention to the road, he was focused on another car accident that had just […]

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Bad Faith

The term “bad faith” is used to describe a person’s intent to defraud or deceive. The person may be defrauding or deceiving himself or another person. The concept of bad faith is often associated with “double heartedness,” which essentially means that while a person is acting one way, his intentions are more sinister than they may appear on the surface. […]

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Alienation of Affection

When a third party intervenes, destroying the affection that binds two married people, he or she as caused alienation of affection. Historically, the individual harmed by this destruction of the relationship could seek damages through a civil lawsuit. In modern times, this is not common, though the issue may be brought up in divorce proceedings. To explore this concept, consider […]

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