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Fox News and the Settlement: What Does It Mean?

Posted by David Brown 
· June 15, 2023 

Fox News recently reached a hefty settlement of almost $800 million with Dominion Voting Systems, signifying a pivotal legal victory in the pursuit to combat untruths and unfounded theories about elections which have haunted American society for years. This resolution is just one of countless lawsuits filed against those who perpetuated election lies, such as other voting tech companies and Georgia ballot clerks slandered by false claims of vote-rigging. Lawyers engaged in this initiative view it as an attempt to fight back against liars whose deceptions on fraudulent ballots may have triggered the Capitol riots on January 6th 2021 – and still reverberate amongst right-wing extremists today.

The massive $787.5 million settlement between Dominion Voting Systems and Fox News and its parent company, Fox Corp., is a major win for the former after years of false accusations by Donald Trump and his allies that the 2020 election had been stolen. While the agreement does not require an admission of guilt from Fox, it speaks to their ongoing commitment to upholding journalistic integrity – something critics are disappointed wasn’t included in the deal.

While this monetary victory may be seen as a sign of progress for those seeking justice against disinformation campaigns, experts worry that libel suits won’t be enough to address these issues effectively or protect democratic institutions long-term. The staggering sum paid out by one media giant serves as an example of what could come with more legal challenges; however, whether this will lead to true behavioral change remains uncertain.

Fox News has kept up a steady stream of misleading segments about the 2020 election, despite the Dominion case’s eventual resolution – and now they’re facing potential legal repercussions. Smartmatic, another voting company that was incorrectly linked with Dominion during Trump’s post-election lies, is taking its defamation claim to court. Meanwhile, Georgia election workers have filed suit against Gateway Pundit for spreading numerous conspiracy theories regarding last year’s vote.

The magnitude of any settlements resulting from these cases may not be enough to persuade those heavily influenced by Trump’s deceptions that Fox News isn’t a reliable news source, according to Jane Kirtley of the University of Minnesota. Nonetheless, this settlement marks an important victory in terms of combating disinformation and false narratives out there in public discourse today.

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The Crucial Role of Lawyers in Commercial Litigation

Posted by David Brown 
· June 13, 2023 

Commercial litigation is a complex legal field that encompasses disputes and conflicts arising in the business world. Whether it involves breach of contract, intellectual property disputes, regulatory compliance issues, or any other business-related conflicts, commercial litigation requires the expertise and guidance of a skilled lawyer. In this article, we will explore the reasons why having a lawyer is essential in commercial litigation.

  1. Legal Knowledge and Expertise

Commercial litigation involves intricate legal procedures and complex regulations. Lawyers specializing in commercial law possess the necessary knowledge and expertise to navigate through the legal intricacies involved in such cases. They are well-versed in applicable laws, statutes, and regulations relevant to commercial disputes, which allows them to provide valuable insights and strategic advice to their clients.

  1. Case Assessment and Strategy Development

A lawyer plays a crucial role in assessing the strengths and weaknesses of a commercial litigation case. They thoroughly analyze the facts, evidence, and legal precedents to formulate a strategic plan. This includes determining the viability of a claim, identifying potential defenses, and devising a comprehensive strategy to maximize the chances of success. A lawyer’s experience in similar cases and their knowledge of courtroom procedures are invaluable in developing an effective litigation strategy.

  1. Legal Representation and Advocacy

One of the primary reasons to engage a lawyer in commercial litigation is their role as a legal representative and advocate. Lawyers are adept at presenting arguments, cross-examining witnesses, and negotiating settlements on behalf of their clients. They possess the necessary skills to effectively communicate and advocate for their clients’ interests in the courtroom or during settlement negotiations. Their presence ensures that the client’s position is effectively conveyed and protected throughout the litigation process.

  1. Risk Assessment and Mitigation

In commercial litigation, understanding the risks involved is vital. Lawyers possess the expertise to assess the potential risks associated with a case. They help clients understand the potential outcomes, evaluate the financial and reputational risks, and make informed decisions. Additionally, lawyers can identify alternative dispute resolution methods, such as negotiation or mediation, that may be more cost-effective and time-efficient, allowing clients to avoid protracted litigation.

  1. Procedural Compliance and Documentation

Navigating the legal procedures and requirements of commercial litigation can be overwhelming for those without legal expertise. Lawyers ensure that all necessary documents are prepared accurately and submitted within the required timelines. They are familiar with the formalities and procedural requirements of court filings, ensuring compliance and minimizing the risk of procedural errors that could negatively impact the case.

Commercial litigation involves complex legal matters that require the expertise of a lawyer. From providing legal advice and strategy development to representing clients in court, lawyers play a pivotal role in commercial litigation cases. Their legal knowledge, experience, and advocacy skills are crucial for achieving favorable outcomes. Engaging a lawyer specializing in commercial litigation can provide individuals and businesses with the necessary support and guidance to navigate the complexities of commercial disputes effectively.

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Class Action Status Granted for Lawsuit Against Major Real Estate Groups

Posted by David Brown 
· June 8, 2023 

On March 29, 2023, a federal judge granted class-action status to a group of past home sellers accusing the National Association of Realtors (NAR) and several brokerages of conspiracy to inflate their commission rates.

Brokerages Keller Williams, Anywhere, and RE/MAX, as well as the NAR, are accused of running a system that pressures sellers to offer high commissions to buyers’ brokers.

The plaintiffs seek more than $13 billion in damages, a number that may grow as separate classes of current and future home sellers are added to additional class action suits.

Sellers who paid a commission between March 2015 and December 2020 in a handful of states across the nation are eligible for participation in the lawsuit. Participating states include North Carolina, Michigan, Wisconsin, Arizona, Utah, and others.

In her ruling, the judge indicated that each class could reach thousands of participants. As of the date of the ruling, it was unclear when the trial stage might begin. The judge’s order does not indicate approval of the allegations from the plaintiffs, which lawyers will contest at a later date.

A class-action lawsuit can enable plaintiffs to reach their day in court in a more cost-effective manner than filing dozens or even thousands of individual cases. An individual may not have the resources to conduct a personal lawsuit but may join a class-action lawsuit more easily.

NAR released a statement after the ruling indicating they had complete confidence in their current practices and noted that their methods save time and money during the sales process.

A spokesperson for NAR suggested their processes help increase the number of buyers available when a seller makes their house available on a multiple listing service (MLS). More buyers mean greater competition and higher sales prices. When pressed for comment by a reporter for Reuters, other participants in the lawsuit declined to comment.

This class-action lawsuit isn’t the only legal challenge currently faced by NAR and the brokerages. In late 2022, a judge denied multiple motions from the brokerages and NAR for a summary judgment on a separate yet related case.

Plaintiffs in that lawsuit claim that sharing commissions between listing brokers and buyer brokers is a violation of the Sherman Antitrust Act. A trial for that case was initially slated for March, but one of the defendants, brokerage Anywhere, requested a postponement, which pushed the trial to October.

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Bill Capping Some Damages In Commercial Vehicle Lawsuits Goes to Governor

Posted by David Brown 
· June 6, 2023 

Senate Republicans gave final approval to a bill that would cap non-economic damages in commercial vehicle lawsuits, sending it to Iowa Gov. Kim Reynolds for a signature.

Senate File 228 would cap non-economic damages at $5 million in lawsuits involving commercial vehicles and limit employer liability. Economic damages would not be capped, and all punitive damages would go to the plaintiff. The bill defines commercial vehicles as those weighing more than 26,000 pounds, road tractors, some livestock transportors or those transporting hazardous materials. It does not include vehicles designed for 16 or more passengers, including buses, or delivery or pickup trucks used for commercial purposes.

The Senate passed the bill 31-19 mostly along party lines, with three Republicans voting no with Democrats.

Sen. Mike Bousselot, an Ankeny Republican and the bill’s floor manager, said the goal is “protecting Iowans who are injured while lowering and protecting predictability and stability for our critical components of our supply chain.”

Supporters of the measure, including business groups and trucking companies, argue it would prevent so-called nuclear verdicts that levy hundreds of millions of dollars in judgments against trucking companies. They also argue the limits would reduce insurance rates and bring certainty to a vital industry.

Opponents of the measure said it takes away Iowans’ rights to a jury trial in litigation involving serious injury or death caused by a commercial vehicle’s negligence. In addition to Senate Democrats, the bill’s opponents include trial lawyers and justice groups.

The bill would cap damages from death, injury and other non-economic sources in lawsuits involving commercial vehicle drivers and companies at $5 million. The cap would not apply if a commercial vehicle driver:

  • Drove under the influence of drugs or registered an alcohol concentration of 0.04 or more
  • Refused an alcohol test
  • Committed a felony using the vehicle
  • Used the vehicle to illegally manufacture or distribute a controlled substance
  • Drove without a commercial license or one that was suspended or revoked
  • Drove recklessly or while using an electronic device
  • Exceeded the speed limit by more than 15 mph

The bill’s liability shield for employers does not apply for direct negligence in supervising, training or trusting an employee.

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How Can a Family Law Lawyer Help You?

Posted by David Brown 
· June 1, 2023 

Family law matters can be emotionally challenging and legally complex. Whether you’re dealing with divorce, child custody disputes, adoption, or domestic violence issues, having a knowledgeable family law lawyer by your side can make a significant difference. Let’s explore the ways in which a family law lawyer can assist you during these difficult times.

Expert Advice- One of the primary roles of a family law lawyer is to provide expert advice and guidance throughout the legal process. They possess a deep understanding of family law and its intricacies. By assessing your unique situation, a family law attorney can explain the relevant laws, rights, and obligations that apply to your case. They will help you make informed decisions, develop a strategy, and navigate through the complexities of the legal system. Their objective perspective can prove invaluable, especially when emotions run high and rational decision-making becomes challenging.

Legal Representation- In family law matters it is crucial to have skilled legal representation to protect your interests. A family law lawyer will advocate on your behalf in court, negotiating settlements and presenting your case effectively. They possess the knowledge and experience to handle paperwork, filings, and legal procedures efficiently. Whether it’s preparing legal documents, representing you in hearings, or presenting evidence, a family law attorney will ensure that your voice is heard and your rights are protected. Their expertise allows them to anticipate and counter opposing arguments, increasing the likelihood of a favorable outcome for you and your family.

Mediation and Alternative Dispute Resolution- Not all family law disputes require contentious courtroom battles. Family law lawyers are well-versed in mediation and alternative dispute resolution methods. They can act as mediators or represent you during mediation sessions, facilitating negotiations between parties to reach mutually acceptable agreements. Mediation can be a less adversarial and cost-effective way to resolve disputes, particularly in matters of child custody, visitation rights, and spousal support. A family law lawyer’s skills in communication, negotiation, and conflict resolution can significantly contribute to finding amicable solutions that prioritize the best interests of all parties involved.

Emotional Support and Empathy- Apart from their legal expertise, family law lawyers understand the emotional toll that family disputes can have on individuals. They provide emotional support and empathy throughout the process, offering a compassionate ear and reassuring guidance. Having a supportive advocate by your side can alleviate some of the stress and anxiety associated with family law matters, allowing you to focus on rebuilding your life and protecting your loved ones.

In times of family conflict, enlisting the help of a family law lawyer can be immensely beneficial. From providing expert legal advice and representation to facilitating mediation and offering emotional support, their role extends beyond the courtroom. By hiring a family law lawyer, you can ensure that your rights are protected, and your family’s best interests are prioritized during challenging times.

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Fox Settles Lawsuit Filed By Dominion Voting Systems: A Bellweather Moment for Our Democracy?

Posted by David Brown 
· May 30, 2023 

The $787 million settlement between Fox News and Dominion Voting Systems shows the cable news industry that there are serious financial repercussions for spreading lies. This ruling not only serves as a reminder to be more responsible but also proves that claiming “opinion” is not enough of a defense against defamation. Networks may have to reevaluate their reliance on commentators who spew baseless theories without any evidence or fact-checking.

This case highlights the lack of proof presented by Donald Trump and his supporters in alleging that the 2020 election was stolen from him. If this were true, there would be concrete evidence which could have been used by Fox News during its lawsuit with Dominion; however, no such information was provided because it does not exist. The judge presiding over this case determined that 19 instances involved false statements made as facts rather than opinions – indicating that unbiased reporting failed to occur in some cases due to contradictions found within public sources and even from Dominion itself being left out of the story entirely.

Clearly, these events illustrate just how dangerous deliberately misleading information can become, if broadcasted unchallenged into our homes on television networks like Fox News.

The settlement carries a stark lesson for the industry: irresponsibility and defamation in journalism will not be tolerated, nor can it be justified through legal defense. In earlier days of libel law, there was an exemption known as the neutral-report privilege that shielded public figures from untrue accusations if they were deemed “newsworthy”; however, this argument did not stand up to scrutiny when Dominion brought their case against Fox News—the judge declared that even if such an exception existed, the evidence didn’t back up FNC’s claim that they had acted with good intention and neutrality.

What does this mean for cable news hosts? This ruling could spell trouble for loose cannons like Lou Dobbs whose comments were heavily featured in the court’s decision; his show was unceremoniously canceled soon after Smartmatic filed suit against Fox News. The market for these prime-time personalities who flaunt outlandish conspiracy theories without being challenged or questioned may take a major hit due to this costly consequence – networks might think twice before hiring someone unpredictable (and potentially dangerous) enough to cost them hundreds of millions of dollars.

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Minneapolis Settles Case Involving Derek Chauvin

Posted by David Brown 
· May 25, 2023 

Recent news out of Minneapolis has sent shockwaves across the nation, as city council members unanimously agreed to settle two lawsuits for a collective $9 million. John Pope and Zoya Code were both subjected to similar police brutality by ex-officer Derek Chauvin before he took George Floyd’s life in 2020.

Pope’s incident with Chauvin dates back to September 2017, when he was called upon by law enforcement after an alleged domestic dispute at his residence. His mother had accused him of physically assaulting her over unplugging phone chargers from the wall – something Pope claimed self-defense against.

Despite this, Chauvin proceeded to hit Pope on the head with a metal flashlight and strangle him until unconsciousness set in; then keeping him handcuffed down on the floor with his knee pressed into Pope’s neck and upper back for more than fifteen minutes despite multiple other officers witnessing it all take place. Paramedics eventually arrived soon thereafter, noting that stitches would be necessary due to their observation of the injury inflicted during this attack – one which should have never taken place in the first place.

In June 2017, Zoya Code’s mother contacted the police accusing her of strangling her with an extension cord. When Officer Chauvin arrived at their home, he witnessed Code walking past him and proceeded to engage in a struggle with two other officers – eventually resulting in her being handcuffed “without incident”. However, this did not stop Chauvin from then slamming her head into the ground and placing his knee on the back of her neck while simultaneously using a hobble device on Code, which was later banned by Minneapolis Police Department. Although she was charged with domestic assault it was dropped eventually.

The injustices inflicted upon both Pope and Code through these incidents demonstrate how Derek Chauvin’s murderous act against George Floyd represents more than just one isolated instance; instead, it unveils systemic racism within law enforcement as well as excessive force often used towards Black individuals, which has devastating long-term effects for them and their communities alike.

This is reflected in Minneapolis’ recognition of said wrongdoings by offering substantial settlements to both victims as further evidence that there needs to be greater reform when it comes to police accountability.

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Covid-19 Impact on Family Law

Posted by David Brown 
· May 23, 2023 

The COVID-19 pandemic has had a significant impact on many areas of law, including family law. From changes in court procedures to an increase in virtual hearings, the pandemic has brought about a number of changes to the way family law cases are handled. In this article, we will explore some of the key ways that family law has changed since COVID-19.

Virtual Hearings and Mediation

One of the most significant changes to family law since COVID-19 has been the shift to virtual hearings and mediation. In-person court appearances and mediation sessions have been replaced with online video conferencing platforms such as Zoom or Skype. This has allowed for the continuation of legal proceedings while maintaining social distancing and reducing the risk of exposure to the virus.

Remote hearings and mediation sessions have also allowed for greater flexibility in scheduling, which can be particularly helpful for families who are juggling work and childcare responsibilities while also navigating a family law dispute.

Increased Focus on Child Custody and Support

The pandemic has also brought about an increased focus on child custody and support issues. With the closure of schools and daycares, many parents have found themselves in a challenging situation when it comes to balancing work and childcare responsibilities. This has led to an increase in requests for modifications to child custody and support orders.

In response to these challenges, many courts have been issuing temporary orders that take into account the unique circumstances of the pandemic. For example, some courts have temporarily modified child custody arrangements to allow for more flexibility in parenting time, while others have adjusted child support orders to reflect changes in income due to job loss or furloughs.

Delays in Court Proceedings

Despite the shift to virtual hearings, the pandemic has also caused delays in family law proceedings. Court closures and restrictions on in-person hearings have led to a backlog of cases, which has resulted in longer wait times for hearings and trials.

This has been particularly challenging for families who are facing urgent issues such as domestic violence or child abuse. Some courts have responded to these concerns by prioritizing emergency hearings and providing additional resources and support for families in crisis.

New Considerations in Divorce and Separation

Finally, the pandemic has brought about new considerations in divorce and separation cases. With the economic impact of the pandemic, many couples have found themselves facing financial challenges that can complicate the process of dividing assets and determining spousal support.

Additionally, the pandemic has brought about new considerations when it comes to child custody and visitation. For example, if one parent is a healthcare worker or essential employee, this may impact their ability to provide care for their child during the pandemic.

In response to these challenges, some courts have been more lenient when it comes to modifying divorce and separation agreements to reflect changes in financial or childcare circumstances.

In conclusion, the COVID-19 pandemic has had a significant impact on family law. From the shift to virtual hearings to new considerations in child custody and support, the pandemic has brought about a number of changes to the way family law cases are handled. As the pandemic continues, it is likely that we will see additional changes and adaptations to the legal system in order to better serve families during these challenging times.

 

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Injured, Don’t Navigate The Complex Legal System Alone

Posted by David Brown 
· May 18, 2023 

If you have been injured due to the negligence of another person or party, hiring a personal injury lawyer can be extremely beneficial. Here are some of the main benefits of having a personal injury lawyer:

  1. Legal Knowledge: A personal injury lawyer has specialized knowledge and expertise in the field of personal injury law. They will understand the relevant laws and regulations and can help you navigate the complex legal system.
  2. Protect your rights: Your lawyer will work to protect your rights and ensure that you receive the compensation you deserve. They will handle negotiations with insurance companies and can represent you in court if necessary.
  3. Maximize Compensation: Personal injury lawyers will work hard to ensure that you receive the maximum compensation possible for your injuries. They will calculate your damages, including medical bills, lost wages, pain and suffering, and other related expenses, to determine the value of your case.
  4. Evidence: Your lawyer will gather evidence and build a strong case on your behalf. They will work with medical professionals, accident reconstruction experts, and other relevant parties to help prove your case.
  5. Experience: Personal injury lawyers have experience dealing with insurance companies and other parties involved in personal injury cases. They know the tactics used by insurance companies to minimize settlements and can use this knowledge to help you receive the compensation you deserve.
  6. Save Time and Reduce Stress: Hiring a personal injury lawyer can save you time and reduce stress during a difficult time. Your lawyer will handle all aspects of your case, including negotiations with insurance companies, filing paperwork, and representing you in court if necessary.
  7. Contingency Fee: Many personal injury lawyers work on a contingency fee basis, which means that they only get paid if you receive a settlement or verdict in your favor. This can be beneficial because it means that your lawyer has an incentive to work hard to ensure that you receive the compensation you deserve.

In summary, hiring a personal injury lawyer can be extremely beneficial if you have been injured due to the negligence of another person or party. They will protect your rights, maximize your compensation, and help you navigate the complex legal system. Hiring a personal injury lawyer can also save you time and reduce stress during a difficult time.

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Children Are Often The Center of Family Law Matters

Posted by David Brown 
· May 16, 2023 

Family law is an area of law that deals with family-related issues and relationships, including marriage, divorce, child custody, and child support. Children are often at the center of family law matters, and their interests and well-being are critical considerations. Here are some ways in which children benefit from family law, and how their rights are protected:

  1. Protection from Abuse and Neglect: One of the most important ways that children benefit from family law is by being protected from abuse and neglect. Family law courts have the power to intervene in cases where children are at risk of harm and to take steps to ensure their safety.
  2. Child Custody and Visitation: In cases of divorce or separation, family law courts determine child custody and visitation arrangements. These decisions are made based on the best interests of the child, and they aim to ensure that children have regular and meaningful contact with both parents.
  3. Child Support: Family law also deals with child support issues. Parents have a legal obligation to support their children financially, and family law courts can order child support payments to ensure that children’s needs are met.
  4. Adoption: Family law also governs the adoption process, which can provide a stable and loving home for children who may not have one. Adoption can provide children with a sense of permanency and security.
  5. Education and Healthcare: Family law also deals with issues related to children’s education and healthcare. For example, family law courts can order parents to provide healthcare insurance for their children or make decisions about the children’s education.
  6. Voice in the Process: Family law also provides children with a voice in the legal process. Children who are old enough and mature enough can express their preferences about custody and visitation arrangements, and their views are taken into consideration by family law courts.
  7. Protection of Privacy: Finally, family law also protects children’s privacy rights. Family law courts can issue orders to protect children’s personal information, such as their names, addresses, and school information, from being disclosed in court proceedings.

In conclusion, family law plays a crucial role in protecting the rights of children. It ensures that children are protected from abuse and neglect, and it provides them with a voice in the legal process. Family law also governs child custody, visitation, and support, as well as adoption and education and healthcare issues. By ensuring that children’s needs are met, family law helps to ensure that they have the opportunity to grow up in safe and nurturing environments.

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