In the vast majority of personal injury cases, the determination of who was at fault in the incident comes down to determining who was negligent in the situation. The general standard used in these cases in most parts of the United States is that negligence is the failure to use a “reasonable” amount of care
Wrongful death claims are inherently complex for both sides, and in many situations it takes a jury trial to determine fault and if an employer or insurance company needs to provide compensation to the victim’s family. However, in some situations, the facts of the case are fairly clear-cut, allowing for what’s called a “summary judgment.”…
When plaintiffs in auto accident cases approve an offer for damages from defendants or their insurance companies, they will likely be obligated to accept the terms, even if new information arises. On January 15, the Superior Court of the Virgin Islands issued an opinion stating that the plaintiff in a recent lawsuit cannot challenge a settlement originally agreed upon with the auto insurance provider GEICO.
A judge may allow a party leave to amend a pleading, in some cases to add facts or to clarify an issue. The United States Court of Appeals for the Third Circuit recently heard a case where a plaintiff was given a chance to amend his complaint, but not a second.
Sania Mahmood was driving on the New Jersey Turnpike in June 2007 when a tractor-trailer moved into her lane and collided with her vehicle, causing her to crash into the center median of the highway.
A case stemming from the use of a right of way on commercial property in St. Thomas. In November of 2000, Parcel No. 14 Estate Contant was divided into four parcels. Parcel No. 14A was purchased by Gejan, Inc., Parcel No. 14B was purchased by Hubert King, and Parcel No. 14C was purchased by Alexius Perkins. Parcel No. 14D was granted to the three as tenants in common to use as a private right of way.
U.S. Virgin Islands corporations have the potential to be sued in all areas of the country. It is important to understand how your company’s interactions in another jurisdiction may bring about the required jurisdictional requirements to be sued there.
Forum non conveniens is the discretionary power of a court to decline its jurisdiction in cases where another court may more conveniently hear a case. As the U.S. Virgin Islands is roughly 1000 miles from the U.S. mainland, an individual or company faced with litigation may see this doctrine arise. The U.S. Third Circuit Court of Appeals handled the question in a case involving parties from foreign countries.
A declaratory judgment is a court judgment which sets out the rights of parties but without ordering any action or awarding damages. Courts will entertain this motion to stop controversies with a clarification of the law at the initiation of a lawsuit instead of waiting until both parties have presented their arguments. For instance, a corporation may request a court to decide if a new tax is applicable to their business before the company pays it.
Federal Rule of Civil Procedure Rule 12(b)(1) concerns a court’s subject matter jurisdiction to hear a case. You can not just bring a lawsuit where you want against someone because you want to. If a judge decides that a plaintiff doesn’t have standing or the proper connection to an injury, the court will not have jurisdiction to hear the case and must dismiss it.