article thumbnail

PROVING THINGS 263: “IT IS A FUNDAMENTAL PRINCIPLE OF LITIGATION THAT A CLAIMANT MUST PROVE THEIR LOSS… THEY MUST ALSO SATISFY THE COURT AS TO THE AMOUNT OF ANY LOSS WHICH THEY HAVE SUFFERED”

Civil Litigation Brief

We are looking at another example here where a counterclaiming defendant adduced no substantive evidence of a claim said to be worth nearly £500,000. . This series has now covered hundreds of examples where litigants have failed to prove their case.

article thumbnail

Two Recent Decisions Imposing Sanctions for Discovery Failures

E-Discovery LLC

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. The circuit court found them to be non-responsive and again ordered him to provide specific responses. He failed to comply. It then ordered sale of the property by a trustee. at *4 (citations omitted).

Discovery 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

What Are Different Types of Legal Pleadings in Law?

CaseFox

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Counterclaim The defendant can file a counterclaim against the plaintiff when they assert their own harm. The counterclaim usually takes place in case of accidents.

article thumbnail

What Are Different Types of Legal Pleadings in Law?

CaseFox

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. Counterclaim The defendant can file a counterclaim against the plaintiff when they assert their own harm. The counterclaim usually takes place in case of accidents.

article thumbnail

Protecting Public Expression

WA Bar News

If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. In adjudicating the motion, the trial court was to determine whether the claim was based on an action involving public participation and petition. 2d 230, 243, 541 P.3d 3d 403, review granted , 3 Wn.2d

Discovery 112
article thumbnail

Alternate Pathways: Your Questions Answered

WA Bar News

days, will assess the following nine foundational concepts and seven foundational skills, using the integrated exam structure (essay, short answer, and multiple-choice questions): Foundational concepts and principles: civil procedure, contract law, evidence, torts, business associations, constitutional law, criminal law, real property.