Also known as: disputes · disputed · disputing · controversy · conflict
Written by attorneys · grounded in primary & secondary sources — see below
A conflict or controversy, especially one that has given rise to a lawsuit or other legal proceeding.
Darrell Duncan sued Delta Dynamics for breach of a supply contract seeking $75,000 in damages. Delta Dynamics answered and demanded a jury. The court scheduled the case for trial before a jury because the amount in controversy exceeded twenty dollars and the claim arose at common law.
Danielle Dixon sued Duarte Shipping after a cargo loss. Duarte Shipping moved for summary judgment, attaching affidavits showing no genuine dispute over the shipping documents or the cause of the loss. The court granted the motion because the movant established entitlement to judgment as a matter of law.
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Dominic Drake sued Diamond Manufacturing after a machine injury. At trial Drake sought to introduce evidence that the company added a guard after the accident. The court excluded the evidence when offered to prove negligence but allowed it to impeach a defense witness who denied the feasibility of the guard.
Deanna Davenport moved to disqualify the presiding judge in her contract action against Dillon Energy. The motion cited the judge's prior business relationship with Dillon Energy's CEO and statements indicating personal knowledge of the disputed contract negotiations. The judge recused herself from further proceedings.
Diane Dawson's former client sued her for malpractice. Dawson disclosed limited client confidences to defend the fee claim and to establish her own defense in the malpractice action. The tribunal permitted the limited disclosure because it was necessary to respond to allegations concerning the representation.
Dolores Diaz, an agent for Duarte Shipping, secretly agreed to represent a competitor on the same route while still employed by Duarte. Duarte Shipping discovered the arrangement and terminated the agency. The court held Diaz liable for breaching her duty to avoid acting for parties whose interests conflicted with her principal's.
The movant must identify the claim or defense and demonstrate that the record contains no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law. The court then states its reasons on the record.
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Evidence of subsequent measures is admissible for purposes other than proving negligence or culpable conduct, such as impeachment or proving ownership, control, or the feasibility of precautionary measures when those issues are disputed.
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A judge must disqualify herself when she has personal knowledge of facts that are in dispute in the proceeding or when her impartiality might reasonably be questioned for any listed reason, including bias concerning a party or lawyer.
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…department to say what the law is. Those who apply the rules in particular cases must expound and interpret them. If two laws conflict the courts must decide which governs. If a law is in opposition to the Constitution, and both apply to a case, the court must decide which of the conflicting rules governs the case. If the…