The Law Office of Kevin Schwin states that to win a discrimination lawsuit, the plaintiff has to prove the defendant acted with a specific legal motivation, such as discriminating against the individual because of sexual orientation, national origin or sex. No matter what the case, it should always be handled by a lawyer who is experienced with discrimination cases.Know More
Discrimination cases are made stronger when there is an abundance of circumstantial evidence, notes the Law Office of Kevin Schwin. An example of circumstantial evidence is when individuals or employees who experienced similar conduct from the defendant were not treated in the same discriminatory fashion as the plaintiff.
Another way to help win a discrimination case is to use evidence to prove the defendant's reason for its actions is false. For instance, if a manger fires an employee for giving a customer free food, but both the employee and the customer go on record saying the employee never gave the customer free food, then the falsehood might be the evidence needed to win the discrimination case. Proving the defendant lied may not necessarily be the only or final piece of evidence needed to successfully win the case since discrimination may not have been the prime motive for lying, according to the Law Office of Kevin Schwin.Learn more about Law
An individual pursuing an insurance settlement or personal injury lawsuit must be able to prove that someone else was liable for their injury in order to be successful, says AllLaw. This means finding who the liable parties are, and whether or not their negligence caused the injury.Full Answer >
Each court has its own rules when it comes to writing motions, but all motions must include the name of the court, the parties in the lawsuit and any docket or file number, according to Lawyers.com. Parties can file motions during the course of a lawsuit or after a trial.Full Answer >
A tort is an incident in which someone intentionally injures a person and their property and can result in a private lawsuit; a crime is a criminal action that the state prosecutes on the victim's behalf, according to the University of New Mexico. Although crimes are torts because of the resultant action on the victim, many torts are civil matters and therefore are not crimes.Full Answer >
In 2007, Bristol Myers-Squibb, the manufacturer of Abilify, settled a class-action lawsuit where it was charged with illegally marketing off-label use of the drug. The company was also accused of offering doctors kickbacks in the form of money and trips if they prescribed the drug to patients for whom it was not meant.Full Answer >