The "actual malice" defines the level of proof needed to establish a libel case for defamatory statements made regarding public figures or public officials. Actual Malice requires intent or reckless disregard for the truth - "knowledge that the information was false" or published "with reckless disregard of whether it was false or not." Reckless disregard for the truth requires … [Read more...]
Archives for April 2016
CEILING
Generally the upper or top interior surface of a room or area. In contract law a ceiling is usually intended to refer to a highest price or level to occur under an agreement. See also "floor" referring to the lowest or bottom price or level of a contractual agreement. … [Read more...]
CURATIVE ACTION
An action taken to cure or fix a legal defect. For example, under the Code of Federal Regulations (25 CFR 150.7 - Curative action to correct title defects) which deals with real estate law. The Land Titles and Records Office can initiate an action to "cure" or fix defects in the record which are discovered during the recording of title documents or examination of titles. See … [Read more...]
ZUBULAKE FACTORS
The Zubulake Factors are used by a court to determine whether cost shifting is appropriate to shift the burden of costs of compliance with an electronic discovery request from the receiving party to the requesting party. (See Federal Rule 26(b)(2) more specifically.) The factors are the product of a series of decisions in Zubulake v. UBS Warburg LLC, 216 F.R.D. 280 (S.D.N.Y. … [Read more...]
FEE SHIFTING
Shifting fees to be paid by one party to another party. Typically it refers to the action of a court awarding legal costs associated with something from one party to another. For example, a court may award legal costs of the successful party to a lawsuit upon the losing party to the lawsuit (so that the losing party must pay both its own legal costs as well as the attorneys' … [Read more...]