Class Action Lawsuits Law

Class action lawsuits are a common way of resolving a large number of cases that have substantively similar claims against the same defendant or group…

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Arbitration Law

Arbitration law is based on a long history of an alternative dispute resolution process, known under English common law as “the law of merchants.” While…

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What is an injunction?

An injunction is an order issued by a court that forces the defendant – a person, corporation or government entity – to do something or stop doing something, depending on what the plaintiff is requesting. In relatively rare cases, the court may issue a mandatory injunction, compelling a person, company, or governmental unit to take affirmative action in carrying out a specified action. Instead of asking a court for monetary damages, a plaintiff can ask the court for an injunction (or injunctive relief) against the defendant.

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What is a post-dispute arbitration agreement?

A post-dispute arbitration agreement means that an issue has arisen that could lead to litigation, but the parties instead decide to make an agreement to submit the case to binding arbitration. A post dispute arbitration agreement is different from a pre-dispute arbitration agreement or arbitration clause found in a contract, because a pre-dispute agreement is used before and in case an issue arises. A post-dispute arbitration agreement is used afterward.

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How long does a federal appeal take?

In most cases, a federal appeal will take over a year before the final judgement is entered. The federal court system is a complex system governed by the Federal Rules of Appellate Procedure. In these rules are specific deadlines for everything from the initial filing of the appeal to how long the judges have to enter their decision. If you have ever been involved in litigation, you were most likely warned by the lawyers that litigation is long, emotional, and messy. When a federal appeal is warranted, the case may take even longer.

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If I appeal a court’s decision, will the appeal delay the judgment?

If you file an appeal of a judgment against you, keep in mind that your appeal does not necessarily prevent that judgment from being carried out. While the legal system gives parties an opportunity to appeal a judgment, it does not desire to do so as an avenue to avoid payment or sentencing. In order to postpone your judgment during an appeal, you must be granted a stay of judgment by a judge.

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How expensive is an appeal?

You’ve just paid out large sums of money for a full civil trial. You’re afraid to look at the bill from your your attorney and the judgment amount makes you cringe. While you may be ready to throw in the towel and make the necessary payment arrangements, there may be one more step to take if you feel you’ve been robbed of a fair verdict. The question is, how much will it cost to appeal your case?

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Can parties join a case at the appeals stage?

In order to ensure court efficiency and equal handed decisions, the court allows parties to join in even at the appeals stage where necessary. However, scenarios where people may join in appeals are limited to amicus curiae and joinder.

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