Patrick Michaud sued a Florida home improvement company and a salesperson in Middlesex Superior Court, Massachusetts. He asserted various TCPA and state-law equivalent claims. The Defendants moved the case to federal court and then moved to dismiss for lack of personal jurisdiction. The Court agreed with Defendants and dismissed the case. The decision is a useful […]
Yesterday we reported on a stunning decision finding that a case survived the pleadings stage based upon FN 7 of Facebook. Today we have more bad news, although it’s a little more mundane—a pleadings stage win for a Plaintiff. In Atkinson v. Pro Custom Solar Lcc, CIVIL NO. SA-21-CV-178-OLG, 2021 U.S. Dist. LEXIS 112396 (W.D. Tex. June […]
Regardless of whether you or your opponent are interested in settling the case, before proceeding with litigation, always send the defendant a demand letter. Like the name implies, a demand letter is a formal written letter directed to the defendant or defendants outlining the underlying facts of your case, explaining why the law supports your […]
Apart from a strong case, one of the best weapons you can have at your disposal in a litigation setting is an understanding of psychology. Whether you’re a plaintiff or a defendant, the best advice any experienced lawyer could give you is to understand how your opponent thinks. Knowing his or her motivations and expectations […]
Have you been bitten by a dog? If so, you’re not alone- each year over 500,000 people in the US get bit by dogs, and 12 of them die. Not surprisingly, the majority of dog bite victims are children. So what happens if you (or your child) are bitten by your neighbor’s dog, and you’re […]
Small claims courts are designed to streamline the legal process in order to enable litigants to reach a speedy and inexpensive conclusion to their disputes. However, that doesn’t mean that it isn’t a royal pain in the ass. Before determining whether to seek justice against someone who wronged you, first ask yourself the following questions: 1. […]
“Defamation” is an umbrella term for a reputational damage claim, and is defined as the issuance of a false statement about another person which causes that person harm. There are two tortious acts that fall under the defamation umbrella: libel and slander. Libel describes the making of defamatory statements in a fixed medium, such as […]
