What is a Motion?
A motion is, “The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.” (Black’s Law Dictionary 1133. 4th Ed. Rev. 1968). It court, it is a formal request made to a judge to issue a ruling or take some action.
A motion can be requested by any party in court, and the judge may either grant or deny the request. Motions are always made with the intention of it benefiting the moving party, or movant. An example of a motion is a party requesting a case to be dismissed for a specific legal reason. They may also motion for a new trial if there are significant errors or issues in an original trial. All motions must be made after the initial complaint has been filed in a legal proceeding.
Motions can be either written or spoken. Regardless of which, the opposing party to the movant will usually have a chance to be heard by the judge regarding whether the motion should be approved or not. Motions for dismissal or new trial are only two of a wide range of possible motions. Even if a trial is not retried or dismissed, a judge’s ruling on a motion can greatly impact the outcome of a case, such as whether certain evidence is excluded or if it is allowed in court.
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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, you must have a basic understanding of how lawsuits work. […]
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$29.4 million verdict in Johnson & Johnson talcum powder case
On Wednesday March 13, 2019 a California jury awarded Teresa
Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial
brought by them against Johnson & Johnson.
Teresa Leavitt believes her mesothelioma, a terminal disease caused by
asbestos exposure, is linked to her regular use of Johnson & Johnson’s
talcum powder.
The Leavitt case is the first case to be tried since a
bombshell report by Reuters and the New York Times about the contamination of
baby powder with asbestos. Both reports
sighted leaked internal documents showing Johnson & Johnson knew about the
problem as far back as 1971.
Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.” […]
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Judge says Monsanto cancer case can move forward
Earlier this week, a federal judge ruled that lawsuits against agricultural giant Monsanto could proceed and that key plaintiffs’ witnesses may testify. The lawsuits allege that Monsanto’s weedkiller Roundup caused users to develop cancer.
This move represents a win for victims, but they will still face an uphill battle at trial, as the judge called their claims “shaky” but admissible.
Thousands of individual plaintiffs claim Monsanto’s widely used weedkiller RoundUp caused them to develop cancer and that Monsanto provided no consumer warning. Specifically, the lawsuits link the ingredient glyphosate to an increased risk of non-Hodgkins lymphoma, and claim that the company knew about the risk and failed to warn the public, going so far as to suppress research that suggested the product was dangerous. The ingredient glyphosate is considered a probable human carcinogen according to the World Health Organization’s International Agency for Research on Cancer. […]
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Amusement park accidents occur every day causing personal injury and even death
Roller coasters and other amusement park rides are traditionally associated with summertime family fun. Each year, the nation’s 400 amusement parks have 300 million visitors, according to the International Association of Amusement Parks and Attractions (IAAPA). Although injury and death from amusement park rides are rare, thousands of injuries do occur each year, and there are also many deaths.
Just this month, CNN reported that four people were injured on the Ninja roller coaster ride at Six Flags Magic Mountain in Los Angeles. The front part of the roller coaster detached from the track and dangled at a 45-degree angle, pointing to the ground. The derailment happened after a tree branch fell onto the track. The derailment is the latest in a series of roller coaster accidents in recent years.
A fatal roller coaster accident occurred in Spain’s Terra Mitica amusement park earlier this month when an 18-year old boy from Iceland riding the Inferno roller coaster died after his seat harness failed and he was thrown from the ride. […]
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