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An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia, Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law.
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Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
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Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), is a United States Supreme Court case on whether the interpretation of patent claims is a matter of law or a question of fact. An issue designated as a matter of law is resolved by the judge, and an issue construed as a question of fact is determined by the jury.
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges. The court is known for being a hub for corporate governance litigation in the United States, as two-thirds of Fortune 500 companies are incorporated in Delaware.
In United States law, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.
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Robert J. Gordon is an American trial lawyer.
William Mark Lanier is an American trial lawyer and founder and CEO of the Lanier Law Firm. He has led a number of high profile product litigation suits resulting in billions of dollars in damages, including Johnson & Johnson baby powder and Merck & Co.'s Vioxx drug.
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Eldon E. Fallon is a United States district judge of the United States District Court for the Eastern District of Louisiana. Referred as a pioneer in the creative use of multidistrict litigations and bellwether trials, Fallon has overseen several high-profile multidistrict litigation cases in recent years, including the Xarelto, Chinese Drywall, Vioxx, and Propulsid litigations.
Daniel Aaron Polster is a senior United States district judge of the United States District Court for the Northern District of Ohio. Polster mediated a settlement between the city of Cleveland and the family of Tamir Rice, a 12-year-old black boy who was killed by a white police officer in 2014. In December 2017, a federal judicial panel selected Polster to preside over more than 3,000 consolidated prescription opioid-related lawsuits in multidistrict litigation known as the National Prescription Opiate Litigation. A trial for the litigation began in October 2021.
Jeffrey L. Kessler is a partner at the international law firm Winston & Strawn, where he also serves as Co-Executive Chairman and Co-Chair of the firm's Antitrust/Competition Practice and is a member of the firm's Executive Committee. Until May 2012, he was the global litigation chair at the international law firm Dewey & LeBoeuf, where he was also the co-chair of the sports litigation practice group and served on the firm's executive and leadership committees. His major clients include the Panasonic Corporation, National Football League Players Association (NFLPA), the National Basketball Players Association (NBPA), William Morris Endeavor, Activision Blizzard, Avanci, the Major League Baseball Players Association (MLBPA), United States Women’s National Team (USWNT) soccer players, NTN Corporation, Relevent Sports, and Actors' Equity Association.
Litigation strategy is the process by which counsel for one party to a lawsuit intends to integrate their actions with anticipated events and reactions to achieve the overarching goal of the litigation. The strategic goal may be the verdict, or the damages or sentence awarded in the case. Alternatively, in the case of impact litigation the goal may be more far-reaching, such as setting legal precedent, affecting consumer-safety standards, or reshaping the public's perception of a societal issue. Broader goals and more challenging cases require a strategist with a greater understanding of, and facility with, the tools of litigation strategy.
Eric Gibbs is an American attorney at Gibbs Law Group LLP in the United States. He is a member of the Board of Governors of the Consumer Attorneys of California. As a part of the American Association for Justice, he co-chairs the Consumer Privacy and Data Breach Litigation Group and the Lumber Liquidators Litigation Group, and serves as the secretary for the Qui Tam Litigation Group.
Christopher A. Seeger is an American lawyer who specializes in multidistrict mass tort and class action litigation. He received the most multidistrict litigation (MDL) appointments of any lawyer between 2016 and 2019 according to an 2020 ALM study. Seeger is a founding partner of the firm Seeger Weiss LLP.
Baron & Budd, P.C. is an American plaintiffs' law firm headquartered in Dallas, Texas. Opponents of mass tort litigation have criticized the firm for the zealousness with which it represents its clients, and for the political activities of some of its attorneys.
References
- ↑ Alexandra D. Lahav. "Bellwether Trials" . Retrieved 2012-10-10.
- ↑ Jeremy Grabill (May 18, 2011). "The Spread of Bellwether Trials" . Retrieved 2012-10-10.
- ↑ Manual for Complex Litigation, Fourth, §22.315
- ↑ In re Chevron U.S.A., Inc. F.3d 1016 (5th Cir. 1997).
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