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Attorney Conflict of Interest
Attorney Conflict of Interest Cartoons

Attorney Conflict of Interest

Larson v. American Family Mutual Ins. Co.; an attorney's failure to sue an insurance company because he wanted to work there landed him in the same lawsuit.
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Related Cartoons

M.K. v. Tenet
M.K. v. Tenet
Federal Rule of Civil Procedure 18 provides for unrestricted joinder of claims against an opposing party, severence.
M.K. v. Tenet
M.K. v. Tenet
Federal Rule of Civil Procedure 20(a) permits joinder of plaintiffs if all claims arose out of the same transaction or occurrence and share common questions of law or fact, permissive joinder.
Wilson v. Olathe Bank
Wilson v. Olathe Bank
Movants, protective order, federal rule of civil procedure 30(b)(2), record a deposition by nonstenographic means and is given the choice of the method of recording, absent annoyance, embarrassment, oppression, and undue burden or expense.
Battle v. Memorial Hospital at Gulfport
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Deposition testimony of an unavailable witness may be introduced at trial, continuance, unavailability.
Collateral Estoppel
Collateral Estoppel
Kovach v. District of Columbia; doctrine of res judicata, or claim preclusion; final judgment on the merits precludes relitigation between the same parties concerning the same factual transaction.
Failure To Warn Lawsuit
Failure To Warn Lawsuit
United Oil Co. v. Parts Associates, Inc.; may obtain discovery regarding any matter, not privileged, relevant to claim or defense; other lawsuits regarding similar products relevant to a defendant's failure to warn; indemnify; indemnity agreement.
Short and Plain Statement of Even A Fraud Claim
Short and Plain Statement of Even A Fraud Claim
Denny v. Carey; Rule 9(b)'s requirement of pleading fraud with particularity must be harmonized with Fed. R. Civ. P. 8's requirement of short and plain statement of the plaintiff's claim that is simple, concise, and direct; on information and belief.
McDonnell Douglas Test
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Reeves v. Sanderson Plumbing Products, Inc; A discrimination plaintiff's case may be sufficient to submit to the jury if consists of a prima facie case of discrimination and sufficient evidence that defendant's proffered explanation was merely a pretext.
Contracts May Designate Agent For Receiving Service
Contracts May Designate Agent For Receiving Service
National Equipment Rental, Ltd. v. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service.
Compulsory Counterclaim
Compulsory Counterclaim
Podhorn v. Paragon Group, Inc; A defendant's claims against a plaintiff must be asserted as a counterclaim if arise out of the transaction or occurrence and do not require the presence of third parties over whom the court lacks jurisdiction.
Summary Judgment Standard
Summary Judgment Standard
Scott v. Harris; When opposing parties tell two different stories, and one is blatantly contradicted by the record so that no reasonable jury could believe it, a court should not adopt that version for purposes of ruling on a motion for summary judgment.
Probable Cause
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Brendlin v. California; fruit of the poisonous tree; officers did not have probable cause to stop vehicle, passenger was seized and evidence discovered as result was inadmissible.