Litigation

Explore a comprehensive range of resources related to the litigation process, including insightful video interviews with experienced attorneys, in-depth articles on trial strategies, and essential legal glossary definitions. Visitors will find valuable information on various aspects of civil and criminal litigation, from pre-trial preparations to courtroom tactics. Stay informed about the latest trends and best practices in litigation to enhance your understanding of the legal landscape.

45 posts

Car Accident Claims: Maximizing Your Legal Compensation

February 10, 2025 • By Jack Gilbert

Most car accident claims resolve through an insurance settlement rather than trial. Strong documentation (medical records, police reports, photos, and wage proof) and timely filing under your state’s deadline typically drive higher compensation. This article explains the claim process, valuation factors, and tactics to maximize your legal recovery. In the aftermath of a vehicular collision, […]

Administrative Law Constitutional Law

Energy sector regulations under arbitrary and capricious scrutiny

February 3, 2025 • By Jack Gilbert

Under the APA, courts can set aside energy sector regulations if an agency fails to offer a reasoned explanation or ignores key evidence. This “arbitrary and capricious” scrutiny is increasingly used to challenge FERC, EPA, and state commission actions affecting markets and environmental compliance. This article explains the standard, common litigation triggers, and practical implications […]

Constitutional Law Court Procedures

Mistake of Fact Defense: When Misunderstanding Leads to Crime

January 23, 2025 • By Jack Gilbert

A mistake of fact defense can defeat a criminal charge when the defendant’s factual misunderstanding negates the required mens rea. Courts assess whether the mistake was honest—and, for many offenses, whether it was reasonable—based on the statute and evidence. This article explains how the defense works, common examples, and key limits across criminal cases. In […]

Civil Rights Constitutional Law

Necessity Defense: Justifying Criminal Acts

January 22, 2025 • By Jack Gilbert

The necessity defense can justify a criminal act when 4 elements are met: imminent harm, no reasonable legal alternative, proportionality, and no fault in creating the emergency. Courts apply it narrowly and it often fails if the danger is speculative or the defendant had lawful options. This article covers its history, legal standards, and practical […]

Business Law Civil Law

Breach of Contract: Legal Remedies and Damages

January 18, 2025 • By Jack Gilbert

Breach of contract remedies typically include compensatory damages, consequential damages, and equitable relief such as specific performance. Courts aim to put the non-breaching party in the position they would have been in if the contract were performed, subject to proof and limits like mitigation and foreseeability. This article explains common remedies, how damages are calculated, […]

Appeals Civil Rights

Criminal Contempt: Consequences of Disrespecting the Court

January 5, 2025 • By Jack Gilbert

Criminal contempt can result in immediate sanctions, including up to 6 months in jail without a jury trial in many cases. Courts use it to punish willful disobedience of court orders or conduct that disrupts proceedings and threatens judicial authority. This article explains what qualifies as criminal contempt, typical penalties, and key defenses. The concept […]

Evidence Legal Advice and Consultation

How long do you have to file a medical malpractice lawsuit?

December 31, 2024 • By Jack Gilbert

Most states require filing a medical malpractice lawsuit within 1–3 years, though some allow up to 4–6 years in limited cases. The deadline often runs from the injury date or when the harm was discovered, with special rules for minors and fraud. This article explains common timelines, exceptions, and how to determine your state’s exact […]

Corporate Law Environmental Law

What are the emerging issues in environmental law and climate litigation?

December 28, 2024 • By Jack Gilbert

Climate litigation is accelerating, with more than 2,600 cases filed globally as courts test climate-risk duties and net-zero commitments. Key flashpoints include ESG disclosure enforcement, greenwashing suits, supply-chain emissions (Scope 3), environmental justice, and liability for climate damages. This article surveys the leading emerging issues shaping environmental law for governments, companies, and individuals. The field […]

Business Law Contract Law

What types of business contracts require professional review?

December 24, 2024 • By Jack Gilbert

At minimum, 10 common business contract types should be professionally reviewed: customer/service, vendor/supply, employment/IC, leases, loans, IP, NDAs, partnerships, M&A, and licensing. These agreements often contain liability, termination, indemnity, and compliance terms that can create major exposure. This article explains which contracts matter most and what to look for before signing. In the complex landscape […]

Civil Rights Compliance Violations

Criminal Restitution: Compensating Victims of Crime

December 20, 2024 • By Jack Gilbert

Criminal restitution is a court-ordered payment from a convicted offender to a victim to repay measurable, out-of-pocket losses caused by the crime. Amounts vary by case and typically cover direct economic harms like medical bills, property damage, or lost wages, rather than pain and suffering. This article explains who qualifies for restitution, how courts calculate […]

Criminal Law Government Relations

Madigan Trial: Jury Hears Evidence of Land Transfer After Law Firm Pitch

December 20, 2024 • By Jack Gilbert

The jury heard evidence about a proposed amendment to a land transfer bill during the spring 2018 Illinois legislative session. Prosecutors say it followed a law firm pitch and was part of an alleged effort to steer property tax appeal work tied to Michael Madigan’s network. The article covers the testimony, the land transfer episode, […]

Civil Litigation Civil Rights

Witness Tampering: Serious Consequences for Obstruction

December 13, 2024 • By Jack Gilbert

Witness tampering is a serious crime that can be charged as a felony and may lead to years in prison, heavy fines, and additional obstruction-related counts. Prosecutors treat threats, coercion, bribery, or attempts to stop or change testimony as direct attacks on the justice system. This article explains what qualifies as witness tampering, common scenarios, […]

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