This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold, check out the post that launched this series. A list of the posts in the series is also at the end of this article.
So, we’ve made it to
On March 16, 2020, the Pennsylvania Supreme Court declared a statewide judicial emergency drastically reducing the functions of Pennsylvania courts in response to the COVID-19 pandemic. It then issued several subsequent administrative orders outlining the impact the judicial emergency will have on court functions throughout the Commonwealth of Pennsylvania.
In response, most county courts of
This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is also at the end of this article.
Lawsuits generally end in one of three ways:
For today’s post, let’s take a deeper dive into these dispositive motions.
Continue Reading Explaining PA Lawsuits Using Plain Language (Part VI) – As a Matter of Law
All digital evidence, whether emails, computer files, or text messages, comes with metadata. Metadata is nothing more than “data about data,” i.e. things your phone or computer keeps track of about a digital file. Some of the most common examples are the “last accessed date” (when a file was last opened) and its “creation date” (when a file was first created).
Great, so metadata exists. So what? I get this question all the time. Particularly from opposing counsel when I’ve demanded that he or she reproduce a set of documents with metadata, usually after he or she has already provided a PDF copy. But I’m not asking for metadata in a fit of gamesmanship or to drive up litigation costs. I do it because metadata can be as valuable as the content itself.
Continue Reading Metadata is NOT an Excuse to Make Your Lawsuit More Expensive
This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.
After lawyers have collected enough information through interrogatories (written questions) and requests for production of documents, it is usually time for depositions. But what are depositions and what do you need to know about them?
What is a Deposition?
A deposition is a formal interview conducted under oath to get information that the witness knows about the case. Starting with the lawyer who wanted the deposition (sometimes referred to as the one “calling” the deposition), each party’s attorney gets to ask questions. The answers are written down by a court reporter into a transcript that can be used later.
Who Can be Deposed?
Any person can be asked to sit for a deposition, including the parties to the lawsuit and other third parties. If you are a party to the lawsuit, the other lawyer only needs to ask and send your lawyer a notice about the deposition. Third parties receive subpoenas to attend a deposition and may also be asked to bring documents with them (just like a request for production of documents). Unless something unusual happens, a person can only be deposed one time per lawsuit.
Continue Reading Explaining PA Lawsuits Using Plain Language (Part V) – It’s Your Turn to Talk
Copyright registration with the United States Copyright Office is a precondition to filing a copyright infringement lawsuit, however until earlier this month, there was a split as to when registration actually occurs. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the United States Supreme Court unanimously held that registration occurs when the Copyright Office registers a copyright. The alternative view was that registration occurs when a copyright owners submits a proper application to the Copyright Office. Therefore, you must have a copyright registration certificate from the Copyright Office before filing a lawsuit for copyright infringement.
Continue Reading When Can You Sue for Copyright Infringement?
This is part one of a three-part series about data breaches and the requirements of Pennsylvania law relating to data breach notification.
If the events of the past few years are any indication, the scale and frequency of data breaches will only increase in 2019. According to Experian’s 2019 Data Breach Industry Forecast, in the first half of 2018, the number of records compromised exceeded the total number of breached records for all of 2017.
In the event of a data breach, legal compliance obligations can be daunting, particularly if your business stores personally identifiable information for residents of other states. All 50 states have data breach notification laws, each of which is slightly different. And do you store information about residents of the EU? Then you may need to worry about how the GDPR applies.
Continue Reading Doing Business in 2019? You Should Be Thinking About Data Security
This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the posts in the series is at the end of this article.
The lawyers have exchanged documents setting out the claims and defenses. But before you get to trial, you get to gather evidence to support your case (and figure out what cards the other side has to play). This process is called “Discovery” and there are a few tools that can be used.
Asking Written Questions (Interrogatories and Request for Admissions)
One of the first tools your lawyer is likely to use are Interrogatories. These are written questions to the other side. The other party, helped by their lawyer, must answer the questions within 30 days (although extensions are commonly given for any type of discovery if its early in the case). Common Interrogatories include things like:
Continue Reading Explaining PA Lawsuits Using Plain Language (Part IV) – Who’s On First
This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of the all of the posts in the series is at the tail end of this article.
So it’s time to go to the Court of Common Pleas. Whether you tried other steps first or elected to start here, today we walk through how the parties to a lawsuit lay the groundwork for their claims and defenses.
Complaint, Answer, and Reply
Both the Plaintiff and the Defendant in a lawsuit describe their claims and defenses, respectively, in documents called “pleadings.” This is just legalese for a type of court filing that describes in broad strokes what the parties’ positions will be. If all goes smoothly, you can expect this process:
Continue Reading Explaining PA Lawsuits Using Plain Language (Part III) – Pleading (Not the 5th)
This post is part of our ongoing series translating the lawyer-gibberish of Pennsylvania lawsuits into something understandable. For the definitions of the terms in bold check out the post that launched this series. A list of all the posts in the series is at the tail end of this article.
The litigation process often begins before actual litigation.
Wait, what?
I mean that disputes often involve exchanges before we get in front of the court system you see on TV, i.e. the Court of Common Pleas here in Pennsylvania. Today let’s look at the common things that can happen before we get to the courthouse.
The Demand Letter – Kicking it Off
Many lawsuits start with a lawyer demanding action in a letter. Commonly known as a demand letter, this document is often a final effort by a Plaintiff to resolve a dispute out of court. While this letter doesn’t start a court case, it may indicate that the Plaintiff is serious and is ready to sue. Or maybe the Plaintiff is only willing to pay for a letter, not to actually take you to court.
How can you tell? Unfortunately, there is no one-size fits all answer to this question. It depends on what’s at stake, how strong the legal claims are, and the personality of those involved. Sometimes a dispute can be settled at this stage if both parties want to avoid taking the matter before a court, or it may be necessary to proceed to the next step of litigation. So when you receive a demand letter, it may be time to talk with your own lawyer to plan a strategy (even if that strategy is to wait and see what happens).
Continue Reading Explaining PA Lawsuits Using Plain Language (Part II) – Let’s Get It Started