What is a Complaint?
A complaint is, “The first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Its purpose is to give defendant information of all material facts on which plaintiff relies to support his demand.” (Black’s Law Dictionary 356. 4th Ed. Rev. 1968). It is what formally initiates a lawsuit and outlines a plaintiff’s allegations against a defendant.
Complaints are meant to be concise, clear, and factual outlines of what charges a plaintiff intends to pursue and what damages it is seeking to obtain. They are not supposed to confuse or ambush the defendant. The contents of a complaint must be understandable to both parties, and the defendant must be able to construct a proper response and defense. In addition to the strictly legal charges contained in a complaint, the plaintiff must also make factual allegations specific to the facts of the case that they are pursuing in the complaint. They serve to back up the legal claims being asserted.
If an important fact or charge is left out of the complaint, it can not be used in the plaintiff’s case. It is important for all involved parties that the contents of the complaint are accurate and understandable. Anything else is improper, and not up to legal requirements. Effective communication through a complaint is a necessity.
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What is Discovery?
Understanding your lawsuit’s discovery phase
If you recently filed a lawsuit, then you likely have questions about how your case will progress. Clients often ask our attorneys about discovery. In fact, most civil plaintiffs and defendants have never heard of the discovery phase of a trial. They have no idea what discovery is. As such, our award-winning personal injury team is here to explain discovery and what you can expect during this phase of litigation.
According to the American Bar Association, discovery is “the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” In other words, it is a mechanism for obtaining the info and evidence that you need to win your case.
The phases of a civil trial
In order to fully understand the discovery phase, […]
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What is Summary Judgment?
Understanding motions for summary judgment…and how to win them
If you sued a defendant for your injuries or other damages, then you can expect certain legal responses and defenses. While every case is unique, some stages of litigation come up in nearly every lawsuit. Summary judgment is one of those phases. Understanding what summary judgment is and how handle it is key to winning big in your case. As a result, our experienced trial lawyers define summary judgment and provide a guide to using this legal step to maximize your compensation payout.
To discuss the details of your lawsuit for FREE, schedule a consultation with an award-winning Munley Law Personal Injury Attorneys litigator today.
Motions for summary judgment: what they are and what do they do
In order to fully grasp motions for summary judgment, […]
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OSHA Helps Trucker Fired for Refusing to Break Safety Rules
It’s a tough call that truck drivers are often forced to make.
A trucker was assigned to transport a load of Poland Spring water from Massachusetts to New Jersey. A severe thunderstorm causing flooded roads and heavy traffic slowed him down considerably, and he realized he would not be able to complete the delivery and return home without violating the federal hours of service regulations intended to prevent overworked truckers from becoming a danger on the highways. So, he delivered the shipment to a closer facility; the trucking company and the customer approved the arrangement, and another driver carried the shipment to its final destination.
He was fired the next day for insubordination.
The driver filed a complaint with the Occupational Safety and Health Administration, who stepped in to help. According to one of their administrators:
“The law is clear: Drivers have the right to raise legitimate safety concerns to their employer – including refusing to violate safety regulations – without fear of termination or other retaliation. […]
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Safety group files suit for tougher trucker training laws
Several groups, including the Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways (CRASH), and the International Brotherhood of Teamsters filed suit against the DOT and the U.S. Federal Motor Carrier Safety Administration (FMCSA), seeking stiffer rules for training entry-level truck drivers.
Bloomberg reported that regulators have missed deadlines set by two laws passed by Congress since 1991. According to the article, the FMSCA issued a rule in 2004 that only requires 10 hours of classroom work on such topics as driver wellness and hours of service. The watchdog groups say that rule is inadequate, because it doesn’t require any training for entry-level drivers on how to operate commercial vehicles, according to the complaint.
In 2012, Congress passed a second law (the “Moving Ahead for Progress in the 21st Century Act” also known as MAP-21) requiring the DOT to issue the entry-level training rule, […]
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CPSC Sues Buckyballs Maker to Pull the Dangerous Toys From the Market
We have reported on the warnings issued by both the U.S. Consumer Product Safety Commission (CPSC) and by health advocates in the UK regarding children ingesting Buckyballs, a set of round, high-powered magnets that are meant to be used by adults as a stress-relieving desk toy.
When multiple magnets are swallowed, they often adhere through the intestines or bowel causing obstructions and/or tears in the intestinal lining. Immediate surgery is necessary to prevent further damage and to remove the magnets and repair the damage.
Since the CPSC issued the warning in November, however, it has received over one dozen reports of children ingesting the magnets, many of which required surgical intervention. Now, the CPSC has filed an administrative complaint against Maxfield & Oberton Holdings LLC, the toymakers, “alleging that Buckyballs and Buckycubes contain a defect in the design, packaging, warnings, and instructions, which pose a substantial risk of injury to the public.”
While Maxfield & […]
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