In Pari Delicto (Affirmative Defense)
In pari delicto is an affirmative defense to claims at law. The phrase literally means “in equal fault"...
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Jeff Vail vail-law.com
Oct 26, 20201 min read
Unclean Hands (Affirmative Defense)
The doctrine of unclean hands is an affirmative defense that “prevents one who has engaged in improper conduct regarding the subject matter
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Jeff Vail vail-law.com
Oct 17, 20204 min read
Does the Twiqbal Standard Apply to Motions to Strike Affirmative Defenses?
This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn. Which...
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Jeff Vail vail-law.com
Sep 26, 20202 min read
A New Day for the Defendant Class Action?
This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn. F.R.C.P. 23...
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Jeff Vail vail-law.com
Sep 26, 20208 min read
Litigation & Legal Risk Management Checklist
Vail Law's open-source Litigation and Legal Risk Management Checklist Tool.
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Jeff Vail vail-law.com
Sep 23, 20202 min read
Forcing A Reply To An Answer Under Rule 7(a)(7) - When And How To Do So.
This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn. Normally, the...
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Jeff Vail vail-law.com
Sep 20, 20207 min read
The Answer: How (and When and Why) to Draft One
This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn. The Answer is...
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Jeff Vail vail-law.com
Sep 18, 20206 min read
The 20 Maxims of Equity
This article is part of Vail Law’s open-source litigation and legal risk management checklist. Connect with me on LinkedIn. Equity is an...
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Jeff Vail vail-law.com
Sep 13, 20206 min read
List of 230 Affirmative Defenses
The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses. This is part of Vail...
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Jeff Vail vail-law.com
Sep 13, 20204 min read
Contingency-Fee Business Litigation (and other Alternative Fee Agreements)
At Vail Law, one of our focuses is representing businesses with meritorious claims in litigation on a contingency-fee or hybrid-fee...
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Jeff Vail vail-law.com
Sep 13, 20203 min read
Colorado's Economic Loss Rule Does Not Bar Intentional Torts
In the wake of the Bermel decision, the pendulum of the ‘Economic Loss Rule’ in Colorado is now swinging back in favor of tort law
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Jeff Vail vail-law.com
Sep 12, 20202 min read
Franchise Litigation - Take on your Franchisor and Win
But a certain percentage of franchisees have horror stories to tell about their franchisor.
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Jeff Vail vail-law.com
Sep 11, 20201 min read
Vail Law's 'Business Risks' Subscription Plan
Contact us or email Vail Law at jvail@vail-law.com today to sign up, and we'll contact you immediately to schedule the start of your...
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Jeff Vail vail-law.com
Sep 11, 20201 min read
Nuisance (and Judicial Clarity)
Nuisance law is not the model of clarity.
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Jeff Vail vail-law.com
Sep 11, 20202 min read
Solatium (And Measuring 'Pain & Suffering' in Wrongful Death)
Wrongful death isn’t really a separate tort—in practice, it is normally an underlying negligence tort.
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Jeff Vail vail-law.com
Sep 10, 20201 min read
Premises Liability (to a Trespasser)
Premises liability is a common-law tort, but in most states (including Colorado) it has been replaced by statute.
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Jeff Vail vail-law.com
Sep 10, 20202 min read
Product Liability
Product liability is a complex area of law.
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Jeff Vail vail-law.com
Sep 10, 20201 min read
Compose - AI-Driven Brief Automation
Vail Law is also now using Casetext's AI Brief Automation tool "Compose."
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Jeff Vail vail-law.com
Sep 8, 20202 min read
Legal Technology, Research, and AI
At Vail Law, we maximize both effectiveness and efficiency for our clients through appropriate use of technology.
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Jeff Vail vail-law.com
Sep 8, 20201 min read
Mayhem
Yes, mayhem is a tort, reaching back to the Coventry Act of seventeenth century England.
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