Litigation Overview

The United States has a common law adversarial system for resolving disputes, with specific rules of civil procedure dictating what happens when a civil lawsuit is filed. This process, called litigation, can be long and expensive. Most civil suits are resolved by settlement, arbitration, or mediation and do not go to trial.

Civil litigation has different rules and procedures than a criminal action, which involves charges against an individual by the state or federal government for violating a law or laws. Civil actions largely involve disputes over contracts, property, or torts.

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  • The National Football League Players Association et al v. ...
    The National Football League Players Association petitioned to confirm an award issued by a National Football League arbitrator regarding the practice of certain clubs claiming a dollar-fo-dollar offset against workers' compensation awards paid to players.
    New York Southern District Court
    None
    Filed: April 16, 2008
    Petitioner: The National Football League Players Association, Respondent: The National Football League Management Council
    Last Docket Report Change Found: July 17, 2008

    (July 16, 2008)
  • City of Seattle v. Professional Basketball Club LLC
    Plaintiff City of Seattle sued Defendant The Professional Basketball Club, LLC to seek a declaratory judgment that the lease with the Seattle Supersonics may be specifically enforced and that certain disputes related to the lease are exempt from arbitration.
    Washington Western District Court
    Contract: Other
    Filed: October 9, 2007
    Plaintiff: City of Seattle, City of Seattle, City of Seattle, City of Seattle, City of Seattle and others... Defendant: Professional Basketball Club LLC, Professional Basketball Club LLC
    Last Docket Report Change Found: July 16, 2008

    (July 15, 2008)
  • PHILADELPHIA EAGLES, LLC et al v. OWENS et al
    Plaintiffs Philadelphia Eagles, LLC and the National Football League Management Council seeks to confirm an arbitration award against Defendants Terrell Owens and the National Football League Players Association. On December 6, 2005, Defendants filed a non-injury grievance against the Eagles, demanding that the Eagles repay Owens amounts withheld from his pay following his suspension from the Eagles. On December 13, 2005, Plaintiffs filed a counter-grievance demanding that Owens return $1,725,000 paid to him as a signing bonus. On January 24, 2008, an arbitrator ordered Owens to repay the Philadelphia Eagles $769,117.65. Owens has not paid the amount in accordance with the award.
    Pennsylvania Eastern District Court
    None
    Filed: April 28, 2008
    Plaintiff: PHILADELPHIA EAGLES, LLC, NATIONAL FOOTBALL LEAGUE MANAGEMENT COUNCIL; Defendant: TERRELL OWENS, NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION
    Last Docket Report Change Found: June 13, 2008

    (June 12, 2008)
  • PDB Sports, Ltd. et al v. Lelie et al
    Petitioners PDF Sports Ltd. d/b/a The Denver Broncos Football Club and the National Football League Management Council sought confirmation of an arbitration award against Respondents Ashley Lelie and the National Football League Players Association. At arbitration, the Denver Broncos and the NFL Management Council had sought an order requiring Lelie to return a portion of his signing bonus, and to pay fines that were levied for his failure to report to the Brocos' mandatory minicamp and pre-season training camp.
    Colorado District Court
    Labor: Labor/Mgt. Relations
    Filed: September 7, 2007
    Petitioner: PDB Sports, Ltd., National Football League Management Council, Respondent: Ashley Lelie, National Football League Players Association
    Last Docket Report Change Found: December 31, 1969

    (September 20, 2007)
  • Blackwater Security Consulting, LLC et al v Nordan
    Petitioners Blackwater Security Consulting, LLC and Blackwater Lodge and Training Center, Inc. petitioned for an Order directing Richard P. Nordan, as ancillary administrator for the separate estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko, and Wesley J.K. Batalona to proceed with arbitration in accordance with the Independent Contractor Service Agreements entered into between the decedents and Blackwater Security Consulting, LLC. The lawsuit arises out of a March 31, 2004, incident in Fallujah, Iraq, in which Iraqi insurgents murdered the decedents, who were working for Blackwater Security and escorting a kitchen supply convoy.
    North Carolina Eastern District Court
    Contract: Other
    Filed: December 20, 2006
    Petitioner: Blackwater Security Consulting, LLC, Blackwater Lodge & Training Center, Inc., Respondent: Richard P. Nordan
    Last Docket Report Change Found: December 31, 1969

    (September 18, 2007)

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  • Bald Eagle Protection Act and its regulations are least restrictive means of pursuing ...
    STANDARD OF REVIEW United States v. Friday, No. 06-8093, ___ F.3d ___ (10th Cir. May 8, 2008)(Wyoming). Government appeal of dismissal of indictment for shooting bald eagle in violation of Bald and Golden Eagle Protection Act at 16 U.S.C. § 668(a). HELD: (1) Whether a governmental interest is compelling within meaning of Religious Freedom Restoration Act, and whether means used by government to achieve that interest are least-intrusive means required by Act, are both questions of law that are...
    (July 23, 2008)
  • Recent Cert. Petition on Aggravated Identity Theft
    On Tuesday, we filed this cert. petition in Flores-Figueroa v. United States. The petition asks the Court to resolve a 3-3 circuit split over the mens rea requirement of the federal "aggravated identity theft" statute, 18 U.S.C. § 1028A(a)(1). That statute provides a mandatory 2 year sentence upon anyone who, during and in relation to certain enumberated felonies, "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person." The question is...
    (July 23, 2008)
  • ABA Report is said to be highly critical of SC lawyer disciplinary system and Chief Justice Toal
    FTS news has this blog post. Here is a taste: "A draft report from the American Bar Association harshly criticizing South Carolina's controversial attorney discipline system has been confidentially provided to S.C. Chief Justice Jean Toal, a source close to the S.C. Supreme Court tells FITSNews. Toal and her clerk, Dan Shearouse, received the draft earlier this month, yet as we reported back in March they will not be releasing its findings to the public. Toal and her chief disciplinary counsel,...
    (July 23, 2008)
  • Lopez v. Imperial County Sheriff's Dept. (Cal. Ct. App. - July 22, 2008)
    Ties go to the runner in baseball. Ties go to the House of Representatives in elections. Ties go to the respondent in the United States Supreme Court. But ties in Imperial County -- at least in the Employment Appeals Board -- go to the bureaucratic equivalent of overtime. Revote.
    (July 23, 2008)
  • Recommended Reading
    The nonpareil ambulance crew blogger Tom Reynolds has posted this. Every magistrate ought to read it, just to add one more piece to the complex jigsaw that we attempt to solve when dealing with domestic violence.
    (July 23, 2008)