The courts often require  the parties to try to settle their lawsuits by submitting the matter to a neutral for a non-binding mediation.  One of the difficulties is getting everyone to agree on a mediator.

Mediation is only useful if both sides have investigated their respective cases, had sufficient discovery so they know all the issues and evidence both parties have and truely want to settle.

Without all these elements the parties are usually wasting their time and money.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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After a trial the party or parties prevailing have a right to recover their “costs”.  Costs do not necessarily include attorney fees but instead are spelledout by statute to include items like filing and motion fees, deposition transcript costs, jury fees, court reporter fees, and process server fees.

Cost do not include postage, photocopies, expert fees not ordered bthe court, telephone costs, or transcripts of court proceedings not ordered by the court.

Attorney  fees can be recoverable as costs if they were agreed to by the parites bycontract or if a specific statute allows for attorney fees to be recoverable acosts.

In order to claim costs, the party seeking  an award of costs files a Memorandum of Costs.  If  the other sides dispute the entitlement to costs they can file a motion to strike or to tax costs.  The court then rules on that motion and either disallows various costs in the Memorandum of costs or denies the motion.

We were  recently successful on a motion to strike costs.

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Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

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It is common to retain expert witnesses in civil and business litigation.  Expert witnesses are people who possess a special knowledge in a particular area that is not know, or beyond the common experience of a lay person.

I have a case where there is an isssue of emotional distress damages due to post traumatic stress.  To prove damages in cases like that it will be necessary to hire a psychologist or psychiatrist to opine.  What you like to obtain is some objective test to determine the existence of such an injury.  There a quantitative as well as qualitative opinions.  I always feel it is necessary to strive for some sort of quantative measure that cannot be easily disputed.

____________________________________________

Robert G. Klein, Esq. is a Los Angeles trademark attorney, business litigation attorney lawyer and a Los Angeles business lawyer who specializes in trademark infringement, copyright infringement, business torts, breach of contract actions and unfair competition. He feels it is important to hire a Los Angeles trademark lawyer and a Los Angeles business lawyer if one is involved in litigation in that locale. Robert G. Klein is a prominent Los Angeles business attorney and is available for consultation on matters involving trademark infringement, copyright infringement, breach of contract cases, business torts, fraud, and business law matters. He has successfully obtained many multi-million dollar jury verdicts. Many of Mr. Klein’s court decisions have been published as case authority and he has appeared before the United States Supreme Court for oral argument. Mr. Klein has also published “Consumer List: Trade Secret or Fair Game?”, which is an article published in the Los Angeles Lawyer Magazine. Los Angeles trademark infringement attorney Robert G. Klein can be reached at (213) 996-8508 or visit our web site at http://www.kleinlitigation.com

His emphasis is on trademark infringement, unfair competition and trade secret litigation. Los Angeles trademark infringement lawyer Robert G. Klein has acted as lead counsel in approximately 60 trials.

Posted in Business Litigation  |   No Comments/Questions