Archive for February, 2009

26Feb, 09

When a lawsuit is begun, the plaintiff is required to “serve” the defendant with a copy of the complaint which gives rise to the suit. Service can take several forms but is most commonly done by a county sheriff. The sheriff is instructed to either give a copy of the complaint to the defendant or ... more

19Feb, 09

The doctrine of judicial estoppel is intended to protect the integrity of the judicial process. It prevents a party from taking inconsistent positions in two separate law suits. For example, if a party successfully brings a claim asserting that a contract is enforceable, he or she will be barred in a subsequent law suit from ... more

12Feb, 09

If an employee loses a job as a result of a customer’s complaint, it is very difficult for that employee to hold that customer legally responsible. The claim against a customer would be a claim of intentional interference with contractual relations. This type of claim was analyzed in a recent New Hampshire federal court decision. ... more

12Feb, 09

When an employee sues his former employer for discrimination, the employee is obviously concerned that his reputation is not further damaged by the litigation. The employer being sued, however, may want information from both former and current employers of that employee and will seek such information in litigation. The Massachusetts Federal Court addressed this issue ... more