by uslawessentials | Nov 27, 2019 | Civil Procedure, Uncategorized, Webinar
by uslawessentials | Nov 16, 2019 | Civil Procedure
28 USC §§ 1404, 1406, and 1631, as well as the doctrine of forum non-conveniens, may affect whether a case will be heard in the forum originally selected by plaintiff Venue and Transfer under 28 USC § 1404(a) If a plaintiff...
by uslawessentials | Oct 31, 2019 | Civil Procedure, Uncategorized
A Court can Dismiss a Claim Pursuant to the Doctrine of Res Judicata Regardless of whether a Party Raises the Issue A student asked whether in the United States a court can apply res judicata sua sponte. In other words, if a party to the case does not argue that...
by uslawessentials | Oct 26, 2019 | Civil Procedure, What does . . . mean?
Default Judgment is Where a Judge Rules against a Party in a Civil Litigation because it Inexcusably Failed to Participate in the Litigation Judgment by default is intended to prevent a party from procrastinating or refusing to participate in a litigation. ...
by uslawessentials | Oct 12, 2019 | Civil Procedure
A Lawsuit or Claim will be Dismissed with Prejudice if a Judge Believes that a Deficiency cannot be Cured In other posts we discussed what it means to move to dismiss a civil case and the difference between dismissing a case with prejudice and dismissing a case...
by uslawessentials | Sep 15, 2019 | Civil Procedure, Uncategorized, What does . . . mean?
A Nonparty Movant is Someone that Files a Motion in a case, even though it is not one of the litigants A party to a civil litigation is one of the entities participating in the action – – usually the plaintiff or defendant. For example, if Patty sues David...
