The 1980s blockbuster film, Wargames, taught us that no one wins a nuclear war. The lesson never translated to the world of litigation where far too many lawyers still believe that every battle requires they "go nuclear." But smart tacticians know there is more to winning than simply the opposition's losing.
Our vision for successful litigation is different. We believe in the end-game strategy, one that evaluates costs and benefits, where winning is determined by our success, not just mutually assured destruction.
You can't get to your end-game without a few skirmishes.
We fight in the courts. We fight in arbitration. We fight before the administrative agencies. Sometimes a lawsuit has to go to trial in order to get resolved. We do that too.
Sometimes after a plaintiff has lost a particularly acrimonious action the defendant will sue back, arguing that the original lawsuit was frivolous, brought in bad faith, malicious, or otherwise improper. In this second action, the former plaintiff (now defendant) will typically defend by arguing that she did nothing wrong; she was simply following her attorney’s advice. This is not the Nuremberg defense. It is known as the “advice of counsel” affirmative defense.
Employers want to save money by categorizing their workers as "independent contractors" instead of "employees." Some of these employers even use hiring agencies or labor brokers so the employer can say they never "hired" the workers in the first place. But this is just a scam. Generally speaking, workers are employees for the company for which they perform work--regardless of who "hires" them.
QUESTION: I think I was tricked when I bought a used Alfa Romeo. Unfortunately, I signed a contract that says the car is sold "as-is," that there is no warranty, and the seller makes no promises about the condition of the car. Does that mean I can't sue no matter what lies the seller told me before I signed the contract?
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