Category Archive for: ‘Litigation’

Intrusion Upon Seclusion: Invasion of Privacy

A “tort” may generally be defined as an act deemed wrongful enough that one who suffers injury from it may bring a lawsuit to recover damages. Many torts have their origin in “common law,” which is the body of legal, historical principles and results from actual court cases, often historically developed in England and adopted by U.S. states. Invasion of …

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Use of Expert Witnesses in Litigation

Authorities suggest that “lay” witnesses may testify to conclusions drawn from their own observations, while an “expert” expresses an opinion based on special knowledge, skill, experience, training, or education. The testimony of a civil engineer in a 1782 English case may be the first recorded use of expert testimony. In many lawsuits, the testimony of an “expert” witness is essential …

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Parents of Injured Children and Recovery of Consortium Damages

Although “loss of consortium” damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships.  Referred to as “filial consortium damages,” these awards are intended to compensate the parent for the loss of affection, love and companionship that results from a child’s injury or death. Wrongful Death Actions Distinguished In cases where …

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