Archive for category Civil Litigation
Civil Appeal Lawsuit
Written on July 15, 2010
Civil Appeal Lawsuit in St. Charles, MO Bringing a civil appeal lawsuit can be risky business. A majority of the cases, about 90%, taken up on appeal are affirmed – that is, the outcome is not changed. Jayson Lenox and Scott Simpson, of Niedner Law Firm in St. Charles, MO, recently represented a client in [...]
Medical Malpractice in Missouri
Written on February 6, 2010
Under Missouri law patients and/or persons who are injured as a result of medical malpractice are entitled to sue the doctor and healthcare provider that caused that injury. In most cases there is a two year statute of limitations pertaining to medical malpractice claims. There are exceptions that may extend the statute of limitations, but [...]
Federal Volunteer Protection Act — Additional Liability Issues
Written on November 17, 2009
The federal Volunteer Protection Act (VPA) grants civil immunity to a volunteer who harms a person while performing services for a nonprofit organization or governmental entity. However, the VPA does not grant immunity to the nonprofit organization or governmental entity. Therefore, the VPA does not prohibit the person who has been harmed by the volunteer from filing a lawsuit against the organization or entity.
Invasion of Privacy–Disclosure
Written on November 17, 2009
The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one’s privacy causes harm.
Appropriation Lawsuits
Written on November 17, 2009
Privacy is the general right to be left alone and free from unwanted publicity. There are four well-established lawsuits for invasion of privacy: appropriation, false light, intrusion, and disclosure. This article gives examples of appropriation lawsuits. Appropriation is defined as the use of a person’s name, likeness, or personality for the benefit of another. Defenses include that the matter is public or that the person who’s privacy was invaded gave consent.
Powers of Attorney
Written on November 17, 2009
A power of attorney is a legal document in which a person (called the principal) delegates legal authority to another person (called the agent). The power of attorney gives the agent authority to make decisions for the principal in financial, property, and legal matters. Most states specify the proper legal form for a power of attorney, and some legislatures have approved statutory forms for powers of attorney. Generally the principal’s signature on a power of attorney form must be witnessed by a Notary Public.
Federal Rules of Evidence
Written on November 17, 2009
In a lawsuit, both the plaintiff (the party suing) and the defendant (the party being sued) introduce evidence during the trial. Evidence refers to something submitted to the court to prove or disprove the truth of a factual matter being weighed by the court
Federal Rules of Criminal Procedure
Written on November 17, 2009
The Federal Rules of Criminal Procedure were adopted in 1946. They govern the practice and procedure in all criminal proceedings in the federal court system. The goal of the rules is to assure the just determination of all criminal proceedings. The rules specify that they are to be interpreted to afford simplicity in procedure and fairness in administration. The rules are intended to prevent unnecessary delay and expense.
Freedom of Information Act
Written on November 17, 2009
The Freedom of Information Act (FOIA) is a federal law that was passed in 1966. It ensures government openness and accountability. The FOIA gives a person access to federal agency records. However, agencies are allowed (but not required) to withhold records that fall within nine categories.