Often, litigants spend time crafting a lawsuit, filing it, litigating in court, defending it and then have to dismiss the case for some reason. But why? It all depends which we will address. First, we have to determine what is the difference between With and Without: I categorize these differences with either a Happy Dance or a Not-so-Happy Dance. 1. With Prejudice - "Not so Happy Dance." Here, the matter is dismissed, but if you are the Plaintiff, you may want to see if you can dismiss w/o Prejudice. Why? With prejudice means that you are prohibited/barred from filing this action again against the same party even if there is new evidence that has come to light that would entitle you to addi


Do you know someone that has been sued by a credit card company for a value of over $500? Do you know if a third-party was using this credit account without the authorized user's authorization? It happens all the time... People getting sued by these credit card companies. As I walk the halls at court, I see individual defendants lining up to sign their names to yet another piece of paper that will hold them accountable to a debt that they may have a valid defense for. Statute of Frauds ("SOF") is one of them. There are various issues where a court of law will deem a claim unenforceable if it does not comport to well established legal principles such as the SOFs. Let's see how the Statute of


Most small business owners and entrepreneurs know that they have created a brand and start using this brand in the stream of commerce. They also contact a branding referral to do the artwork for their logo, website, tagline, etc. However, small business owners and entrepreneurs fail to understand that when ideas or products are are developed from creative thought and process, it creates intellectual property (IP). Depending on what has been created, to gain full protection of the law, that IP has to be protected by (1) copyright, (2) trademark, or (3) patent. Copyright and Trademarks are the most popular and most business owners present with a basic understanding of both. To recap: Copyright

CONTRACTS PART III: Statute of Limitations. Do you know yours?

As with any action that is brought into court, it's governed by statute of limitations ("SOL"). SOL mandates the time frame in which a party can bring suit for damages. All states have SOLs because although the courts recognize that people should be compensated for their injuries, it also acts as a tool of equity which provides an "ending point" to a matter. Simply put, courts do not think it just to assert a claim 20 years from the time of the injury without any notice to the other party. Therefore, if states did not have SOLs for claims, there would be no end in sight to a potential lawsuit and people would not be able to live their lives freely. With regards to Contracts, states normally

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