Litigation

What is Litigation?

Litigation is the process of taking legal action and filing a lawsuit.

According to Cornell Law School’s Legal Information Institute (LII), litigation is defined as “the process of resolving disputes by filing or answering a complaint through the public court system.” As such, a judge or jury examines the evidence and makes a legally binding decision. This process can include various stages such as filing pleadings, conducting discovery, engaging in pre-trial motions, going to trial, and potentially appealing the court’s decision.

Litigation is beneficial because it allows for a formal resolution of disputes based on laws and legal precedent. However, litigation can be time-consuming and costly, as well as prolonged periods of uncertainty. Understanding litigation is crucial for individuals, businesses, and legal professionals navigating legal disputes and seeking to protect their rights and interests within the judicial system. It involves a comprehensive understanding of legal procedures, strategic decision-making, and effective advocacy to achieve favorable outcomes in court.

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Ford and Toyota Issue Recalls

Ford Motor Company and Toyota Motor Sales have both issued recalls for vehicles.  Toyota issued a voluntary safety recall involving 2006 to early 2011 model year RAV4 and 2010 model year Lexus HS 250h vehicles sold in the U.S.  Ford’s recall is for its 2013 Escape SUVs.

Toyota Recall

Toyota reports in its press release of the recall:

“Toyota has determined if the nuts on the rear suspension arm are not tightened following the proper procedure and torque specification during a rear wheel alignment service, excessive play may occur at the threaded portion of the arm, followed by rust formation.  If this were to occur, the threaded portion of the rear suspension arm may wear and cause the arm to separate.”

 The National Highway Traffic Safety Administration (NHTSA) notes that failure of the rear tire rod could cause a loss of vehicle control, […]

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PA Drivers Should Call 911 to Report Dangerous Texting Drivers

Our Pennsylvania car accident attorneys have continued to provide information to educate drivers of the dangers of texting while driving.  The National Safety Council (NSC) reports that nationwide almost 25 percent of car crashes involve cell phone use and nearly 1.3 million crashes each year can be attributed to cell phone usage while driving. If you are a focused, defensive driver, however, the USA Today reports that you should get away from distracted drivers to help prevent yourself from becoming one of these statistics.

According to the USA Today, police not only recommend distancing yourself from the offensive drivers, but also suggest calling 911 if you believe the drivers are a danger to others.  Auburn Police Division Capt. Tom Stofer told USA Today that drivers should give a wide berth to texting drivers — and to call 911 in the worst cases.

“If I was a citizen and if I saw an extreme case, […]

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Pennsylvania Law Enforcement Are Targeting Aggressive Drivers

Pennsylvania law enforcement will be out in force until August 16 targeting aggressive drivers on PA highways.  In a partnership with PennDOT, the PA State Police, the Montgomery County Health Department and Buckle Up PA are taking on dangerous drivers on the highways through the statewide aggressive-driving campaign.

According to a press release issued last week by PennDOT, law enforcement will be focusing on motorists who exhibit key aggressive driving behaviors including tailgating, speeding and running red lights.  Last year, police issued 142,013 aggressive driving-related citations across the state.

Philly.com reports that inPennsylvania, aggressive drivers caused 6,300 crashes in 2011, killing 168 people.

PennDOT has been actively targeting aggressive driving through its Pennsylvania Aggressive Driving Enforcement and Education Project. The project is funded through $2.3 million in federal funds from the National Highway Traffic Safety Administration (NHTSA).

The NHTSA notes that aggressive driving has become a serious problem on our nation’s roadways. […]

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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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Deadly Pennyslvania Accident Serves as a Reminder of the Importance of Seatbelts

A deadly car accident in Wells Tannery last month serves as a reminder that seatbelts are not an inconvenience – they can be lifesavers.  Two teens died and two were seriously injured when the driver of their car apparently lost control sending the vehicle off the roadway and into several trees.  Sadly, none of the four occupants were wearing a seatbelt.

The National Highway Traffic Safety Administration (NHTSA) estimates that while the use of seatbelts saved 356 lives in Pennsylvania in 2010, another 136 could have been saved if all of the people had buckled up. The NHTSA reports that 868 people (aged 5 and over) died in PA accidents in 2010. Of those, 273 were properly restrained, whereas 505 did not have their seatbelts on at the time of the crash.

JustDrivePA.org maintains key educational material on its website related to seatbelt usage. […]

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