lawsuit (6do encyclopedia)



A lawsuit, also known as a legal proceeding, is a legal action that is initiated by one party against another in a court of law. The purpose of a lawsuit is to seek compensation or enforcement of a legal right, thereby resolving a dispute between the two parties involved. A lawsuit can be filed by an individual, a group of individuals, or a corporation. The following is a detailed explanation of lawsuits, their process, types, and the different parties that may be involved.

Process

The process of a lawsuit typically involves a series of steps. The first step is the filing of a complaint by the plaintiff, also known as the accuser or claimant. The complaint outlines the basis for the lawsuit, the claims being made, and the relief sought. The defendant, who is the party being sued, is then served with the complaint and given a specific amount of time to respond.

The defendant’s response usually takes the form of an answer, which is a written statement that either admits or denies the claims made by the plaintiff. The defendant may also file a counterclaim, which is a legal action taken against the plaintiff in response to the initial complaint. Both the plaintiff and the defendant can file motions during the lawsuit, which ask the court to make a particular ruling.

After the filing of the complaint and the defendant’s response, a period of discovery begins. During this time, both parties exchange information and evidence relevant to the lawsuit. This could include witness statements, documents, and other information that could be used to support or refute claims.

Once the discovery phase is complete, both sides will have an opportunity to present their case in court. This usually involves presenting evidence and testimony to a judge or a jury. After hearing both sides of the case, the court will make a ruling, which could involve a monetary award, an injunction, or other types of relief.

Types of Lawsuits

There are many different types of lawsuits that can be filed, depending on the nature of the dispute. Some of the most common types of lawsuits include personal injury lawsuits, product liability lawsuits, breach of contract lawsuits, and class action lawsuits.

Personal injury lawsuits arise when an individual is injured due to the negligence or intentional actions of another person or company. Examples of personal injury lawsuits could include car accidents, slip and fall accidents, and medical malpractice.

Product liability lawsuits occur when a faulty product causes harm to an individual. These types of lawsuits can be filed against manufacturers, distributers, and sellers of the defective product.

Breach of contract lawsuits arise when one party fails to uphold their end of a legal agreement. The non-breaching party may seek compensation for damages incurred due to this breach.

Class action lawsuits are filed on behalf of a group of individuals who have been harmed in a similar manner. These types of lawsuits allow a large group of people to join together in seeking compensation for their injuries.

Parties Involved

There are several parties involved in a lawsuit, including the plaintiff, defendant, judge, and jury (in some cases). The plaintiff is the party who initiates the lawsuit, while the defendant is the party being sued. The judge is responsible for overseeing the case and making rulings based on the law. In some cases, a jury is used to determine the outcome of the case.

In addition to these parties, there may be other individuals or entities involved in a lawsuit, depending on the nature of the case. This could include witnesses, experts, attorneys, and other stakeholders.

Conclusion

In conclusion, a lawsuit is a legal action that is taken to seek compensation or enforcement of a legal right. It involves a series of steps, including the filing of a complaint, discovery, and a trial. There are many different types of lawsuits, including personal injury, product liability, breach of contract, and class action lawsuits. The parties involved in a lawsuit include the plaintiff, defendant, judge, and jury (in some cases). Other individuals or entities may also be involved, depending on the nature of the case.


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Texas sues Hyatt Hotels for misleading marketing and charging hidden fees

Reuters

23-05-16 17:20


Texas Attorney General Ken Paxton has launched a lawsuit against Hyatt Hotels Corp for allegedly breaching the state's consumer protection laws by misleading contract terms and charging hidden fees. Hyatt allegedly omitted mandatory fees from its advertised hotel room rates to prevent fare comparison among consumers. Paxton accuses Hyatt of fraudulent activity that financially damaged customers.

https://www.reuters.com/legal/texas-sues-hyatt-hotels-misleading-marketing-charging-hidden-fees-2023-05-16/
Favre asks Mississippi Supreme Court to remove him from welfare lawsuit

The Toronto Star

23-05-16 17:08


Retired NFL quarterback Brett Favre is seeking to be removed as a defendant in a civil lawsuit that aims to recover millions of dollars in misspent welfare money that was intended to help the poorest people in the United States. Favre's attorneys argue that the Mississippi Department of Human Services is making "utterly meritless" legal arguments in suing the football player, who is being accused of supporting projects improperly funded through the Temporary Assistance to Needy Families programme. Favre's lawyers argue that he was not involved in efforts to direct welfare money towards a volleyball arena at his university alma mater, where his daughter played, or toward the development of a concussion treatment drug.

https://www.thestar.com/news/world/us/2023/05/16/favre-asks-mississippi-supreme-court-to-remove-him-from-welfare-lawsuit.html
Trump fumes over Durham report as Giuliani hit with shocking lawsuit

The Independent

23-05-16 17:00


Former US President Donald Trump has described government officials involved in probing his 2016 presidential campaign and alleged Russian links as “scum” and “cockroaches” following the release of a report into the matter by John Durham, a Trump-appointed Special Counsel. Ahead of its publication, Trump had predicted that the Durham report would uncover the “crime of the century.” Meanwhile, former New York City mayor and one-time personal attorney to Trump, Rudy Giuliani, is being sued for sexual harassment by former aide Noelle Dunphy, who alleges that Giuliani told her he and Trump were willing to sell presidential pardons for $2m each. Giuliani’s spokesperson strongly denied the claims.

https://www.independent.co.uk/news/world/americas/us-politics/trump-news-durham-report-rudy-giuliani-b2340002.html
The most disturbing allegations from the Rudy Giuliani lawsuit

The Independent

23-05-16 16:22


Rudy Giuliani, former mayor of New York City and former lawyer to Donald Trump, has been hit by a $10m sexual assault and harassment lawsuit from a former aide. In a civil complaint filed with the Manhattan Supreme Court on Monday, former employee Noelle Dunphy alleges that she began working for Mr Giuliani in January 2019 as an off-the-books business development director and public relations consultant, thereafter being sexually abused, regularly pestered for sex, drinking to excess, and being subjected to racial rants. Ted Goodman, a spokesperson for Mr Giuliani, denied the allegations, stating: “Mayor Giuliani’s lifetime of public service speaks for itself and he will pursue all available remedies and counterclaims.” Giuliani has faced personal and professional criticism recently, and this lawsuit is just another complication occurring during his career.

https://www.independent.co.uk/news/world/americas/rudy-giuliani-lawsuit-allegations-b2339946.html
Families of Des Moines school shooting victims sue program, founder

Associated Press

23-05-16 15:45


The families of two teenagers who were shot dead in a Des Moines alternative high school in January have filed a lawsuit against the programme Starts Right Here and its founder, Will Keeps. Rashad Carr, 16, and Gionni Dameron, 18, were killed when student Preston Walls allegedly opened fire. In the lawsuit, Carr and Dameron’s families assert that the programme had failed to take necessary steps to protect them from potential dangers. At the time of the shooting, the school had no security guards, although the facility now operates with metal detectors and guards following the incident.

https://apnews.com/article/school-shooting-des-moines-keeps-ecc60529b227c4ed0d974d6c4f8ef5ca
Suspect who attacked congressman’s staffers filed lawsuit agains CIA

The Independent

23-05-16 22:16


Virginia man Xuan Kha Tran Pham has been charged with aggravated malicious wounding and malicious wounding after attacking two members of Congressman Gerry Connolly's staff in the politician's district office. Pham is reported to have entered the office carrying a metal baseball bat, which he used to beat the staff, and also smashed computer equipment and broke glass. Arrested five minutes after the alarm was raised, Pham had previously sued the CIA for $29m, alleging that agents had been imprisoning and torturing him since 1975 based on the “book world”. The CIA has petitioned for the case to be dismissed.

https://www.independent.co.uk/news/world/americas/us-politics/virginia-congressman-staffers-bat-attack-lawsuit-b2340102.html
Penguin Random House sues Florida school district over book bans

The Toronto Star

23-05-17 14:06


Publisher Penguin Random House and PEN America have brought a lawsuit against a school district in Florida, alleging that the school board removed 10 books from library shelves about race and LGBTQ+ identities, violating the First Amendment. The case does not name Florida Governor, Ron DeSantis, as a defendant, although he has championed policies that allow for the censorship and challenging of books based on whether they are appropriate for children in schools. This action is seen as part of an approach to win support from conservative voters for his planned presidential run.

https://www.thestar.com/news/world/us/2023/05/17/penguin-random-house-sues-florida-school-district-over-book-bans.html
Florida Gov. Ron DeSantis signs anti-LGBTQ laws affecting gender-affirming care, bathroom use and drag shows

CBC

23-05-17 16:58


Florida Governor Ron DeSantis signed bills that ban gender-affirming care for minors and restrict pronoun use in schools as well as force people to use the bathroom corresponding with their sex in some cases. This happened during the International Day Against Homophobia, Transphobia and Biphobia, an annual event held on May 17 that is meant to honour the fight for equality and the efforts to stamp out hate and discrimination against LGBTQ people worldwide. DeSantis made this legislation into his agenda as he is expected to announce his presidential candidacy in the coming days.

https://www.cbc.ca/news/world/florida-desantis-lgbtq-laws-1.6846285
Lawyer sues FDA to keep identity secret in public inspection report

Reuters

23-05-17 16:29


An anonymous lawyer has filed a lawsuit against the US Food and Drug Administration (FDA) to prevent it revealing their identity in a public report regarding the lawyer's company's regulatory compliance when inspected by the agency. The complaint argues that the lawyer would suffer "reputational harm that could impede" their ability to continue practising. The case was filed anonymously in Washington DC, and seeks to bar the FDA from releasing public information. The FDA allegedly intends to release an inspection report on the unidentified company, including information about the anonymous attorney.

https://www.reuters.com/legal/government/lawyer-sues-fda-keep-identity-secret-public-inspection-report-2023-05-17/
Native American former student sues Oklahoma school for removing feather at graduation

The Toronto Star

23-05-17 16:05


The Broken Arrow Public Schools and two employees have been sued in the US for the removal of sacred eagle feather from the graduation cap of Lena’ Black, who is Otoe-Missouria and Osage. Black had been bestowed the sacred object when she was aged three and was awaiting to walk into Broken Arrow High School's May 2022 graduation when two school employees approached her and instructed her to remove the eagle plume, damaging it in the process. The lawsuit cites intentional infliction of emotional distress, negligence, and violations to Black's state and federal constitutional rights to free speech and freedom of religion.

https://www.thestar.com/news/world/us/2023/05/17/native-american-former-student-sues-oklahoma-school-for-removing-feather-at-graduation.html
Penguin Random House sues school district over Ron DeSantis's ‘Don’t Say Gay’ bill

Telegraph

23-05-17 21:44


Penguin Random House and the writers' organization PEN America have filed a lawsuit against the Escambia County School Board for removing 10 books including those by Toni Morrison and Alice Sebold. The parents' rights legislation at the centre of the row, dubbed the "Don't Say Gay" law, was signed into state law by governor Ron DeSantis, a possible 2024 Republican presidential candidate. The bill prevents teachers from discussing sexual orientation and gender identity with primary school children. The lawsuit argues that the Parental Rights in Education Act only applies to "classroom instruction", not library materials. The suit states that the school violated parents' and students' First Amendment rights. "Books have the capacity to change lives for the better, and students in particular deserve equitable access to a wide range of perspectives. Censorship, in the form of book bans like those enacted by Escambia County, is a direct threat to democracy and our Constitutional rights," said Nihar Malaviya, CEO of Penguin Random House.

https://www.telegraph.co.uk/world-news/2023/05/17/penguin-random-house-dont-say-gay-ron-desantis-florida/
The curious question of the alleged $2 million pardons

Washington Post

23-05-17 21:25


A lawsuit has been presented in the United States against former US President Donald Trump's lawyer, Rudy Giuliani, claiming that he offered pardons for $2m in the final weeks of Trump's term as president. The allegations have come from former Giuliani employee Noelle Dunphy, who filed the lawsuit stating that Giuliani had asked her to find anyone willing to pay the fee. The lawsuit is a further development of a complaint filed in January asking for $3.1m in unpaid wages, punitive damages, and legal fees. However, this new suit has escalated the relevant serious allegations.

https://www.washingtonpost.com/politics/2023/05/17/giuliani-pardons-lawsuit-allegations/
‘Cen­sor­ship’: US pub­lish­er sues over Flori­da book re­stric­tions

Al Jazeera

23-05-17 19:56


PEN America and Penguin Random House are suing Florida’s Escambia County School District after it removed 10 books covering subjects such as race and LGBTQ identities from libraries. Alleging that the school board breached the First Amendment of the US Constitution by removing the books, the suit is the latest challenge to conservative laws in the state led by Governor Ron DeSantis. Among other measures, DeSantis has banned gender-affirming care for transgender youth, restricted gender-neutral pronouns in schools and forced trans young people to use bathrooms based on birth-assigned sex.

https://www.aljazeera.com/news/2023/5/17/censorship-us-publisher-sues-over-florida-book-restrictions
Man who witnessed George Floyd murder by police suing Minneapolis over officers’ actions

The Toronto Star

23-05-18 01:25


A witness to the murder of George Floyd, Donald Williams, is suing the city of Minneapolis over allegations that he was assaulted and suffered emotional distress after witnessing Floyd's killing. Williams alleges that now-ex-officer Derek Chauvin threatened him with a can of mace and taunted Floyd, Williams and other bystanders who expressed concern. Williams, a former wrestler and mixed martial arts fighter, testified during Chauvin's trial and is seeking more than $50,000 for each count of his lawsuit. Chauvin and another former officer, Tou Thao, have both been convicted in relation to Floyd's death.

https://www.thestar.com/news/world/2023/05/17/man-who-witnessed-george-floyd-murder-by-police-suing-minneapolis-over-officers-actions.html
Florida school district sued over book bans

Reuters

23-05-17 23:55


PEN America, authors and parents have sued Florida's Escambia County School District over book bans, alleging the removal of titles dealing with race and LGBTQ issues violates the First Amendment rights of free speech. Book bans have surged in the US, with 874 titles targeted for removal in the first half of 2022-23, most notably in Florida, Utah, Missouri, Texas and South Carolina. The lawsuit seeks to restore titles to school libraries and cover court costs, and singles out Northview High School teacher Vickie Baggett for her "activism" in removing a number of titles, though she is not named as a defendant.

https://www.reuters.com/legal/florida-school-district-sued-over-book-bans-2023-05-17/
Ottawa to join B.C. class action accusing McKinsey of ‘reckless’ opioid marketing

The Globe and Mail

23-05-18 10:00


The Canadian federal government is seeking to join a class-action lawsuit against McKinsey & Co, which alleges the consulting company participated in the opioid crisis after it was accused of creating marketing materials that boosted opioid sales. The British Columbia government launched the lawsuit last year and received approval to allow other federal government bodies to become co-plaintiffs. Conservative MP, Garnett Genuis, said it was "utterly absurd this Liberal government paid over $100m to a consulting firm it is simultaneously suing". McKinsey has denied the allegations stating "the plaintiff has not alleged material facts necessary to connect McKinsey to any wrongdoing".

https://www.theglobeandmail.com/politics/article-ottawa-mckinsey-opioid-marketing/
US Supreme Court lets Twitter off hook in terrorism lawsuit over Istanbul massacre

Reuters

23-05-18 14:46


Twitter cannot be held liable for allowing an attack on an Istanbul nightclub that killed 39, according to the Supreme Court. Twitter was accused of violating the Anti-Terrorism Act because it gave ISIS a platform to release propaganda that spark the attack. A group of Americans who were relatives of a Jordanian killed in the attack filed a suit against Twitter, which a court of appeal had revived in 2021 but the US Supreme Court has ruled cannot proceed. The ruling shows that social media companies cannot be held responsible for user-generated content, a decision widely welcomed by other internet giants.

https://www.reuters.com/legal/us-supreme-court-lets-twitter-off-hook-terrorism-lawsuit-over-istanbul-massacre-2023-05-18/
US Supreme Court tosses case challenging internet legal shield

Reuters

23-05-18 14:36


The US Supreme Court has avoided challenging federal protections for internet and social media companies which prevent them from being held liable for content posted by users in a case concerning the practices of Alphabet-owned video-sharing platform YouTube. The family of 23-year-old Nohemi Gonzalez, who was fatally shot in an attack by ISIS militants in Paris, had brought the lawsuit against Google seeking compensation. However, in an unsigned ruling, the Supreme Court judges demanded that the lower court take another look at the case.

https://www.reuters.com/legal/us-supreme-court-tosses-case-challenging-internet-legal-shield-2023-05-18/
IT worker sues boss over mistaken ‘jumbo genital’ acronym

The Independent

23-05-18 14:11


A woman's sexual harassment case against her boss has been dismissed by an employment tribunal. Karina Gasparova, who worked as a project manager for paperless document firm essDOCS, brought the action against Aleksander Goulandris, who she characterised as a "rich and powerful" man she believed wanted a sexual relationship with her. Gasparova argued that she had misinterpreted certain letters and words in emails sent by her boss, who she believed was interested in a romantic or sexual relationship with her. However, the tribunal found that Gasparova's direction of everyday events was "skewed".

https://www.independent.co.uk/news/uk/home-news/xx-email-kisses-boss-court-case-b2341395.html