Even if claims are related, when there are multiple parties with several and distinct claims, the claims may not be aggregated to satisfy the requirement for the jurisdictional amount. Two exceptions to this rule exist. First, a single plaintiff is...
civil procedure
(LIIBULLETIN preview)
Plaintiff-Petitioner Jenifer Arbaugh (“Arbaugh”) was employed by Defendant-Respondent Y & H Corporation (“Y & H”) as a bartender in Louisiana from May 2000 until February 2001. Arbaugh sued Y & H in November 2001 in...
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Defendant Bristol-Myers Squibb Company (“BMS”) manufactures anticoagulants—drugs meant to inhibit blood clotting. See Bristol-Myers Squibb Co. v. Super. Ct. of San Francisco Cty., S221038, at 2 (Cal. Aug. 29, 2016). Seven hundred residents of thirty-...
(Wex page)
A plaintiff must make sufficient assertions of fact in the initial pleading to support a cause of action against a defendant. A party seeking to raise an issue at trial generally bears the burden of proof as to such issue.
Also referred to as "...
(Wex page)
Overview
Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards in different circumstances. For example, in criminal cases, the burden of proving...
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China Agritech, Inc. (“China Agritech”) is a Delaware-incorporated holding company with its principal place of business located in Beijing, China. Resh v. China Agritech, Inc., 857 F.3d 994, 996. China Agritech claims to sell organic fertilizers and...
(Wex page)
Overview
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "criminal...
(Wex page)
A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim. The claim is compulsory in this situation in that it must be raised in the defendant's answer, or...
(LIIBULLETIN preview)
State Court Proceedings A Florida jury convicted Patrick Day of second degree murder and sentenced him to prison in September 1998. Brief for the Petitioner ("Pet'r"). at 3. Day appealed his conviction to the Florida First District Court of Appeal, which...