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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PA Truck Accident Lawyer Applauds Move to Kill Truck Bill

Scranton, PA, February 23, 2012 — Pennsylvania tractor-trailer accident lawyer Daniel W. Munley, chairman of the American Association of Justice’s Trucking Litigation Group, today applauded a Congressional committee’s move to kill part of a bill that would have reduced trucking safety on the nation’s highways.

“Proposals in the bill under consideration would have increased allowable weight and length of transfer trucks to dangerous levels,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania truck accident attorneys focus on tractor-trailer litigation throughout the Northeast.

“We’re glad the House transportation bill will move forward without measures that would have threatened safety on our highways,” Munley said.

Portions of a bill before the House Transportation and Infrastructure Committee would have overturned the 1991 federal ban on triple tractor trailers and raised the weight limit on transfer trucks and other commercial vehicles (CMVs) to 97,000 pounds from the current limit of 80,000 pounds, […]

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SOUND Devices Act Closes Product Liability Loophole

Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.

“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.

“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”

The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]

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Pennsylvania Drivers Urged to Slow Down

Many of our articles have focused on the dangers of distracted driving and drunk driving.  However, with key safety campaigns aimed at raising awareness of the hazards of these two dangerous behaviors, drivers are beginning to put down their cell phones and drive only when sober.  Now, according to a new study, speed-related crashes are on the rise.

The Governors Highway Safety Association (GHSA) reports that 31 percent of all traffic-related deaths in the United States in 2010 were caused by a speeding driver.  Further, speeding is the “one highway safety area where progress has not been made in almost three decades.

According to the 2010 Pennsylvania Crash Facts and Statistics, 1,324 people died in auto accidents during the year.  Of those, 459 were alcohol-related and 404 were speed-related.  Just as the GSHA reports of the nationwide data, accidents caused by speeding drivers in PA accounted for 31 percent of the fatal accidents in the state. […]

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NHTSA Delays Ruling on Making Back-Up Cameras Mandatory

At the end of 2010 the National Highway Traffic Safety Administration (NHTSA) announced it was considering a proposal to require all passenger vehicles to install back-up cameras to limit back-over accidents.  Last week, however, the NHTSA announced it has postponed ruling on the mandatory requirements saying it needs to conduct “further study and data analysis.”

The Cameron Gulbransen Kids Transportation Safety Act was named for a child who was killed by his father as he was backing out of his driveway not realizing the two-year-old boy was playing behind the vehicle.   The ruling would be especially beneficial in protecting the lives of children, the elderly, and hearing and sight impaired pedestrians.

At the time the change was recommended, Transportation Secretary Ray LaHood said:  “There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle. […]

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Pennsylvania Teen Drivers Urged to Stay Alert

The start of 2012 has seen far too many teens lose their lives in car accidents.  Just last week a local Pennsylvania teen died when his car skidded on ice and he crashed into a building, dying at the scene. Earlier this month, three teenagers traveling together went the wrong way on a MD road resulting in a crash that killed all three.  And in Virginia at the end of January, one teen died and three others were seriously injured when the teen driver crossed the center line striking another vehicle.

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the number one killer of teenagers in the United States, claiming nearly 5,600 teenage lives each year. While the above accidents are all unique, the cause of each of the accidents may not have been that different.  The NHTSA has identified four primary causes for serious teen injury accidents:  inexperience and immaturity combined with speed, […]

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