Remove Arbitration Remove Evidence Remove Objections
article thumbnail

Discretionary Stay of Discovery Pending Decision on Dispositive Motion

E-Discovery LLC

Defendants moved to stay all discovery deadlines pending a resolution of their motion to compel arbitration and for a stay pending arbitration. Defendants answered and moved to stay, asserting that there was an arbitration clause in their franchise agreement. Defendants Motion to Compel Arbitration is potentially dispositive.

Discovery 130
article thumbnail

California's Secondary Evidence Rule: Helpful, Yes. But Not an End Run.

Evidence at Trial

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

Discovery is the process by which parties exchange information and evidence. The Burden of Proof : This refers to the responsibility that the plaintiff (the party bringing the case) must demonstrate sufficient evidence of their claims. Charging and Arrest : Authorities may formally charge the accused upon gathering sufficient evidence.

article thumbnail

What Is an Implied Contract in Business Law?

Newport Beach California Business Litigation Law B

Conduct reflecting an agreement: One party provides a service or product, and the other party accepts it without objection. Acceptance of benefits: One party must knowingly accept goods or services without objection. Consideration: There is an exchange of value, such as goods, services, or payment.

article thumbnail

What’s in a number? A discussion of two decisions concerning rights in telephone numbers

IP Whiteboard

The second is a domain name decision of a WIPO Arbitration and Mediation Center Panel in Multi-National Concepts Pty Ltd v. Instead, the Complainant’s primary objective was to sublicence the smartnumbers to people who would want to use them as telephone numbers (and possibly as names or brands). 1300 Directory Pty Ltd , WIPO Case No.

article thumbnail

The Legal Singularity and the Future of Legal Research – Benjamin Alarie and Abdi Aidid (TGIR Ep. 193)

3 Geeks and a Law Blog

Alarie and Aidid suggest that the legal market needs to address bias in AI tools by keeping humans in the loop in arbitration and judicial contexts for a significant period of time. And I practice for a few years as a commercial litigator in New York, focusing on complex corporate litigation and arbitration.

article thumbnail

From the Marshall Project: Why it's almost impossible to fire a prison guard

Forensic Psychologist

‘A Crazy System’: How Arbitration Returns Abusive Guards to New York Prisons By Alysia Santo and Joseph Neff This article was first published by The Marshall Project , a nonprofit news organization covering the U.S. Each time, private arbitrators gave the officers their jobs back. Arbitration loosely resembles a trial.