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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Your Guide to Filing a Lawsuit
Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit
If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys.
Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.
What does it mean to file a lawsuit?
A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]
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Amazon workers’ attempt at unionization
The workers’ comp lawyers at Munley Law Personal Injury Attorneys examine the attempt at unionization made by Amazon workers
From the summer of 2020, Amazon has been in the middle of a spirited unionization effort from some of the workers at its Bessemer, Alabama warehouse. Through the Retail, Wholesale and Department Store Union (RWDSU) the employees staged protests that have been largely online and through the phone because of the pandemic.
The organizers were hoping these protests would yield the same results that pushed for the unionization of employees in high-profile companies in the U.S. and were hoping for similar results for Amazon’s Alabama warehouse.
As Amazon, Chewy, and other warehouses continue to crop up across the Lehigh Valley and throughout our region, it is worth understanding how unionization efforts unfold for Amazon workers.
The push for unionization: how it all began
The push for unionization started after a small group of workers at the company’s Bessemer Alabama warehouse went to the local branch of the retail workers’ […]
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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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