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Real Dialogue. Real Answers. (Alternative Dispute Resolution)

Chapter 1 (Introduction): Real Dialogue. Real Answers. This video explains the process of Alternative Dispute Resolution (sometimes known as Mediation) to settle court cases in Indiana. Mediation is often an appropriate choice in settling family-related cases.

Be the first to comment - What do you think?  Posted by - March 22, 2011 at 8:16 pm

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ADR in Action (Alternative Dispute Resolution)

Chapter 9: ADR in Action. This video sets out an example of a typical mediation session. Mediation is often an appropriate choice in settling family-related cases.

Be the first to comment - What do you think?  Posted by - March 2, 2011 at 2:16 pm

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LAWYER’S Advice needed…Can I argue “Frustration of Purpose” in this business lease dispute?

Question by lap: LAWYER’S Advice needed…Can I argue “Frustration of Purpose” in this business lease dispute?
Okay, so I found this commercial space inside a shopping center for sublease. I contacted the tenant and told him that I wanted to rent it for use as a half-day preschool. He took my information and said he’d have to run it by the property owners to get my business approved. No credit checks or background checks or nothing of the sort….he just had to get my business type approved. Anywho, he told me that I was approved & I entered into the sublease agreement, which was signed & notarized by me, him, and the property management company. Unfortunately, the requirements to get a building permit for the change of occupancy (this was a Mercantile business before, mine would be determined as an “Educational” business and would have different building requirements) would require structural changes to the building (a new firewall would have to be added, sprinkler system may have to be added, emergency exterior lights installed, etc.). My lease prohibits any structural changes, but I can’t get a permit without it. And, therefore, I can’t open business there.

My argument is that the type of business was “approved” by the direct tenant AND the property owner. They knew that I was using the building solely to open my new half-day preschool. I proposed to void the lease and just get a return of my security deposit. I’m not even asking for the rent that I’ve paid thus far (I’ve been there 2 months) and I’m not asking for any expenses that I’ve lost either (loss of clientele, printed publications/advertisements, etc.). They are refusing to give me this, saying that I am still legally obligated to the lease. AND, they refuse to allow me to make the necessary modifications to get the required permits for my business, which leaves me paying $ 1500/month for another 10months on a building that can not be used. Therefore, I feel, they are obstructing their obligation to allow me to open business at the location. The lease is conflicting in this way. A very nice attorney answered this question in another forum and said that I could argue the “Frustration of Purpose” doctrine, which I found out, is indeed still enforceable in my state of NC. Would I stand a chance in making a case with this? What key points should I highlight in my case? The dispute is over $ 1500 sec. deposit. If I sue, I would likely want to recover, at a minimum, my security deposit, and, at best, my security deposit PLUS the two month’s rent that I’ve paid (total of $ 4500 for everything). Being that the total would, either way, be under $ 5k, should I take this to small claims or district court? OR, would it be best to just “abandon” the lease and let the tenant take me to court to try to recoup the lost rent?

Best answer:

Answer by Terrance M
If you abandon the lease, then he could and most likely will sue you.

Frustration of purpose states : Frustration of purpose occurs when an unforeseen event undermines a party’s principal purpose for entering into a contract, and both parties knew of this principal purpose at the time the contract was made.

An UNFORSEEN EVENT … and BOTH PARTIES KNEW OF THIS PRINCIPAL PURPOSE.

If you can prove these two points, then yes.

Add your own answer in the comments!

1 comment - What do you think?  Posted by - February 10, 2011 at 3:12 pm

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Rolls-Royce prevails in patent litigation dispute against United Technologies Corp


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Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

Rolls-Royce prevails in patent litigation dispute against United Technologies Corp


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Home Page > Law > Copyright > Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

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Posted: May 13, 2010 |Comments: 0
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On May 5, in an opinion handed down by Judge Rader for the Federal Circuit Court of Appeals, the Circuit court upheld the decision of the US District Court for the Eastern District of Virginia rendered by Judge Brinkema where the court held that United Technologies Corp.’s (UTC) patent only covered rear sweeping jet engine fan blade tips. The Court of Appeals held that because the district court correctly determined that Rolls-Royce, PLC’s (Rolls-Royce) forward sweeping blade tip patent would ‘not have been obvious’ in light of UTC’s application of their rear sweeping blade tip, the judgment of the District Court was proper. That decision can be found here.

The District Court’s prior ruling overturned a decision of the Board of Patent Appeals and Interferences (BPAI) in an interference proceeding which involved an improved design for jet engine fan blades that allowed for a reduction in the amount of shockwaves produced by the engine.  The BPAI’s prior ruling was in favor of UTC, holding that UTC’s patent application covered a fan blade that had a tip that swept either forward or rearward. 

By affirming the District Court’s decision and the overruling of BPAI’s determination, the Circuit Court of Appeals has effectively limited the ‘not obvious’ test for allowing new patent applications. Judge Brinkema’s decision utilized the ‘not obvious’ test and rejected UTC’s argument that a forward sweeping tip of the fan blade is an easily predictable and achievable variation in view of the disclosure of the rearward sweeping tip in UTC’s earlier application. The Court of Appeals affirmed the judgment that the forward sweeping blade tips were ‘not obvious’ because of the availability of a broad selection of choices for further investigation that included any degree of sweep for the fan blade tip. A further consideration secondary to the ‘not obvious’ test, was that an embodiment of Rolls-Royce’s invention had become the industry standard, thus the Court of Appeals reinforced the finding of non-obviousness. Discussion of this subject can also be found here.

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Warren Fink
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Warren Fink is an intern working with internet lawyers for Traverse Legal. Traverse Legal is a law firm specializing in intellectual property rights, domain name dispute resolution and applying cutting edge technology to make legal work more transparent; benefitting consumers, lawyers, the legal system, and the general public.

Traverse Legal Lawyers: Handling Internet Legal Issues For Clients Worldwide. Our Internet Lawyers are recognized for their expertise, innovation and client service in the Internet Law space. Contact an Internet Lawyer for more information or call 866.936.7447.

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Warren Fink is an intern working with internet lawyers for Traverse Legal. Traverse Legal is a law firm specializing in intellectual property rights, domain name dispute resolution and applying cutting edge technology to make legal work more transparent; benefitting consumers, lawyers, the legal system, and the general public.

Traverse Legal Lawyers: Handling Internet Legal Issues For Clients Worldwide. Our Internet Lawyers are recognized for their expertise, innovation and client service in the Internet Law space. Contact an Internet Lawyer for more information or call 866.936.7447.

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Alternative dispute resolution: What the business lawyer needs to know, 1999 (Litigation and administrative practice series) Reviews

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Los Angeles Business Dispute? Formidable Masterful Litigator


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Los Angeles Business Dispute? Formidable Masterful Litigator

Los Angeles Business Dispute’ Formidable Masterful Litigator


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Home Page > Law > National, State, Local > Los Angeles Business Dispute’ Formidable Masterful Litigator

Los Angeles Business Dispute’ Formidable Masterful Litigator

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Posted: Jun 02, 2008 |Comments: 0

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Los Angeles is a considerable portion of America where businesses are vast. Several kinds of industries have settled in this area. These range from telecommunications, information technology and computer industries, huge construction companies, car manufacturing and other significant businesses, dealing with food manufactures and apparel.

In addition, several big international investors, traders and bankers have settled their businesses in Los Angeles. This is because of their belief that this promising state will give them huge opportunity to prosper and get big in their respective industry.

With these numerous companies, it can readily be assumed that businesses are at its best in this part of the America region. It has generated a large portion of revenue not only within the Los Angeles area but also within the whole country.

Like any other endeavor, where complexities are abounding to happen, there are varied kinds of situations that beset businesses in Los Angeles. Business disputes are common and are being heard in so many litigation procedures in courts and other administrative bodies.

There are varied kinds of business disputes that beset businesses in Los Angeles. These legal arguments commonly involve the following:



commercial issues
contractual disputes
business fraud
feuds between competitors
employment matters
partnership issues
real estate and leasing disputes
intellectual property disputes
corporate dissolution and merger
other contentious business legal issues

These varied business issues have its downturns that caused many businesses to either dissolved amicably or wage disputes in court.

Most surviving businesses, however, have chosen to litigate their disputed issues with the help of business trial lawyers who are retained or merely transactional.

In Los Angeles, there are good numbers of business law advocates who have dedicated their legal practice in this area of law. They constantly appear in various courts, whether in adversarial or merely inquisitorial proceedings and in administrative tribunals. They may either be involved in the prosecution or defense.

As a note, Los Angeles has the best business litigators who have solid commands and mastery of the pertinent laws that govern the entire area of business. These include constitutive procedures of both judicial and administrative bodies and tribunals.

More so, these Los Angeles business trial lawyers have vast exposure in various corporate litigations as well as in all the available judicial remedies of Injunctions, specific performance and enforcement of judgments.

They serve variety of clients and hurdle different business legal issues and disputes. For that, they appeared in various district and circuit courts. They even appeared on occasion in the appeal levels and in extremely rare case in the Supreme Court.

Described as the true advocates, most business trial lawyers in L.A. are extremely hard working, well organized and good when it comes to their sense of judgment.

They are the wiser litigators humbled by experience. They have honed their own master style and methods in their litigation practice. They make best of their natural strengths and make the most of their besetting weaknesses.

They can win their cases, relying not on the weaknesses of the other party’s cause of action but on the strength and rightful substantiation of their client’s case.

Los Angeles trial lawyers serve to protect the health of the business in the entire region. They vouch for their legal service in matters of business litigations and other allied business matters.

Indeed, Los Angeles has the formidable and masterful business litigators.

To ensure credible representation for your business trial, seek the advice and assistance of our well renowned Los Angeles lawyers. Log on to our website now and take advantage of our free case evaluation services.

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Claysphere Rivera
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Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

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Missouri Injury Lawyer

An injury lawyer who is experienced has the capability to explore all the possible avenues of any kind of potential recovery.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

St. Louis Personal Injury Lawyer

Personal injury can be defined as damage done to the body, mind or emotions. There are personal injury lawyers who often represent on behalf of their clients and work to make sure that the injured party is fairly compensated.

By:
Jackson Wilsonl

Law>
National, State, Locall
Dec 16, 2010

Spikes in Auto Recalls: Is the Auto Industry Growing More Cautious?

Automakers have recalled nearly 20 million vehicles in the past year, including some recalls involving marginal safety risks. The Journal of Public Health policy has made an announcement that the U.S. has fallen behind other countries in auto safety innovation. At Abraham, Watkins, Nichols, Sorrels, Agosto & Friend, we understand the elements of car, truck, 18-wheeler accident cases and we use our expertise to the advantage of each client. Contact a lawyer today to discuss your case 713-222-7211

By:
Abraham, Watkins and Friendl

Law>
National, State, Locall
Dec 16, 2010

New York Liquor License Restrictions

The New York Liquor State Authority works diligently to ensure the residents of New York are protected. This involves issuing restrictions to particular places or people who apply for a New York liquor license.

By:
Argilio Rodriguezl

Law>
National, State, Locall
Dec 16, 2010

California Personal Injury and Vehicle Accident Facts

Every year there are thousands of vehicle accidents in California highways, which leads to personal injuries. The sad thing with all these is that, many of the victims of vehicle accidents have not received rightful compensation.

By:
Claysphere Riveral

Law>
National, State, Locall
Aug 13, 2008
lViews: 160

Finding Success in Your Wrongful Death Lawsuit

The wrongful death of a breadwinner is such a dismal situation that can bring deep emotional and financial drain to the dependent surviving family members. Being into this situation is not ideal and truly a disaster.

By:
Claysphere Riveral

Law>
National, State, Locall
Aug 13, 2008
lViews: 138

Some Constitutive Federal Laws for the Disabled

The United States Federal Government has provided enough laws that ensure equal opportunity for people with disabilities. These provisions are waged in order to strike the imbalance growing out from the difference in physical and psychological attributes among people.

By:
Claysphere Riveral

Law>
National, State, Locall
Aug 13, 2008
lViews: 325

United States Disability Welfare Benefits, a Must Know

Several Federal Disability Welfare Benefits have been waged by the government intended for use of the disabled. These benefits have been categorized according to its subject and purpose. All of them were designed as disability welfare for all qualified disabled persons.

By:
Claysphere Riveral

Law>
National, State, Locall
Aug 12, 2008
lViews: 594

Social Security Disability Advices From Ssd Attorneys

An experienced attorney knows how the social security disability system works and gives best result in their client’s claim pursuit. An Attorney can provide proper representation and effective legal help, ending with a winning claim.

By:
Claysphere Riveral

Law>
National, State, Locall
Aug 12, 2008
lViews: 108

La County Attorney, the Aggressive Ally in Wrongful Death Predicaments

Wrongful death is a claim against the negligent actor or person who caused the death, unlawfully of another. The party or parties who have standing to file this particular claim are usually the close relatives of the –decedent-victims. Claims of this sort are usually coursed through a civil action for damages on behalf of the decedent’s heirs.

By:
Claysphere Riveral

Law>
Personal Injuryl
Jul 29, 2008

Understanding the Hurdles of a Wrongful Death Lawsuit

Several meaning relates to the term Wrongful death. Each state has in its statute, provided their own definition of the term. However, the term is regularly defined as a claim in tort against a defendant who can be held liable for certain liability in causing premature death of another. It usually occurs when one person is killed because of the negligence or wrongful act or misconduct of another individual, company or entity.

By:
Claysphere Riveral

Law>
Personal Injuryl
Jul 29, 2008
lViews: 335

Pertinent Information About Product Liability Claim

Product liability is the area of law to which all sellers of the product who are in the distribution chain, covering the product manufacturers, manufacturer of component parts, distributors, suppliers, wholesalers, retailers, and sellers are held responsible for placing a defective product into the hands of a consumer and for any injuries that those products can cause.

By:
Claysphere Riveral

Law>
Health and Safetyl
Jul 29, 2008
lViews: 128

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Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

Article from articlesbase.com

More Trial Lawyer Articles

Be the first to comment - What do you think?  Posted by - December 17, 2010 at 9:17 am

Categories: Trial Lawyer   Tags: , , , , ,

Trial Lawyers on Business Dispute Resolutions


by Creativity+ Timothy K Hamilton

Trial Lawyers on Business Dispute Resolutions

In today’s expanding global market, stakes are higher and every move counts. An ideal set up is to leave every legal problem concerning your business in the hands of experienced business trial lawyers. From the initial determination of the facts and issues, to trial of the case, to resolution of the appeal, smart moves make the difference between a favorable resolution and a costly judgment.

As not all lawyers are trial lawyers, one must be very keen in choosing someone who can best represent them in trial. Trial lawyers are those who normally take on specialty engagements where specialized litigation skills are essential or where the litigation threatens many complications.

Whether facing a local or international commercial dispute, accusations from a governmental agency, consumer suits or a single-plaintiff suit with broad implications, clients must entrust their business dilemma to people who excel at shaping a dispute for trial.

Of course, each business has its own legal needs. It can range from assistance in business formation to legal needs of small, start up businesses. For existing businesses, business lawyers help with business leases, advice on the conduct of business, and licensing applications. Additionally, it includes creating corporate organizations, buy-sell agreements, and partnership agreements.

Normally, most business disputes are often settled out of court through other non-trial processes. This will save time and effort of going through a full-blown trial.

Alternative Dispute Resolutions

In a fast paced and demanding world of business, misundersatnding often happen between business partners, business entities, business and consumers or private and government entities. These disputes often calls for sound judgment from a lawyer.

However, litigation involves time, effort and attention that the parties prefer to settle it out of court by means of negotation, mediation and arbitration. These are referred to as alternative dispute resolutions.

You see, even out of court settlement and negotiations necessitate the presence of a lawyer to protect the interest of the company and to come up with a fair and just business dealing.

Business Law Complexities

Due to the comlicated nature of business law, it is always advisable to hire an experienced business trial lawyer to talk about and handle business formation issues or respond to your every business transaction queries. This is because the laws that are applicable to your business dealings are varied and often complicated.

It is equally advisable for small business owners to have skilled representation on their business and legal transactions. Navigating the business arena alone, in case of trial, can have serious and harmful results, which will bring disturbing outcomes, if not today, far in the future such as tax consequences, judgments, foreclosures and even the closure of the business itself.

So the next time a business dispute comes at your feet, you must be guided with the following in choosing a lawyer: one who can represent your business, who know trial law, who have loads of courtroom experience and who know what it is like to win. With these guidelines, you can never go wrong chances are you can reap rewarding consequences.

Our Los Angeles trial lawyers are experts in providing legal assistance in any Business Law concerns. Log on to our website to more of our specialties.

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

Article from articlesbase.com

Be the first to comment - What do you think?  Posted by - October 3, 2010 at 9:19 pm

Categories: Trial Lawyer   Tags: , , , ,