KYZ Law, P.C.

Is Public confidence undermined?  In a nutshell- Steadily declining numbers for jury trials are attributed to high cost of litigation as well as the rise of other alternative methods of dispute resolution, such as mediation and arbitration. However, since less people get to come in contact with the court system, does that mean public confidence [...]

Do you know who doesn’t like it when opposing lawyers are friendly with each other? Clients. Clients don’t like to see their lawyers palling around with the other side’s lawyers. It reminds them that we lawyers are hired guns, and that while we care about their position, that care stems from the fees they pay. [...]

American courts are facing perhaps their worst crisis in decades. When the recession kicked into high gear, courts already besieged with heavy dockets found themselves taking on even more cases as growing numbers of individuals and families faced foreclosures, bankruptcies, collections, employment disputes and domestic relations matters. Many of those people opted for self-representation, a [...]

It’s easy. 1)Eliminate all conferences and personal appearances except in extraordinary or emergency situations. 2) All motions and appeals should be in writing and orders submitted online unless the court deems argument necessary. 3) Better training for judges, especially in the area of temperament; 10-year term limits; and removal if reversed more than their colleagues. [...]

Barbara Swanson was fuming. “Is it justifiable homicide if I strangle an evasive witness in the middle of cross-examination?” she said. “Sounds like you’re more than half-serious,” I said. “Try 100 percent serious,” said Barbara. “This design engineer I’m cross-examining is the most obnoxious, argumentative, evasive witness I’ve ever seen. He refuses to admit the [...]

Everyone agrees it would be nice to have health care available for all. But is Obama’s version how to get there constitutional? Well, the first of such cases has reached the US Supreme Court. Will US Supreme Court take it? The petition (PDF) asks the court to overturn a ruling upholding the law’s insurance mandate. The decision last month by [...]

Supreme Court Rejects Expansive ‘Stream of Commerce’ Theory of Personal Jurisdiction  Due Process Requires That a Defendant Purposefully Target Activities Toward a Particular State in Order To Be Subject to Jurisdiction There  This week, the U.S. Supreme Court issued two opinions clarifying the criteria that must be satisfied before a court may constitutionally exercise personal [...]

Lawyer Responds to Kids’ Video Dissing His Daughter with Cease and Desist Letters, Lawsuit. A Houston lawyer has taken a legal approach to a video posted on Facebook by three middle school students he accuses of defaming his daughter. First, lawyer Jason Medley notified school officials about the video and sent cease and desist letters [...]

Last month, the Federal Trade Commission filed a lawsuit against a Canadian entrepreneur and a group of web-based businesses that promised “free” offers that were far from free. In its lawsuit, the FTC charges the online marketers with scamming consumers in the United States, the United Kingdom, Canada, Australia, and New Zealand out of more [...]

    Although Motions to Vacate Arbitration Awards Are on the Uptick in U.S. State and Federal Courts: (as reported by the National Law Journal) the success rate for motions to vacate remains low. The study concluded that only 13.9% of the motions decided in 2010 were successful. In 2005, 13.5% of the filed motions to vacate were successful [...]

France Unveils New International Arbitration Statute: In January, France adopted a statute governing arbitration that took effect May 1, 2011. The statute is intended to maintain France’s role as a leading venue for international arbitration disputes. Under the statute, the president of the Paris Court of First Instance is given the title of “support judge” [...]

If the parents cannot come to an agreement on which type of school the child will attend, the Judge will decided. Inevitably, one parent will be left unhappy. In a New Hampshire case the trial Judge decided that a public school was a better alternative and a religious argument for home school did not prevail [...]

“… before Breyer can ask his question, Justice Ruth Bader Ginsburg jumps in. Next, Justice Antonin Scalia asks questions, and it’s a half-hour before Breyer breaks in. He is interrupted by Scalia, who objects to Breyer’s point. Later, after Scalia asks a question, Breyer tells the lawyer to “skip that one” and continues with his [...]

Mom Sues School, Says Teacher Posted Her Daughter’s Photo on Facebook, Publicly Mocked Hairstyle The mother of a 7-year-old elementary school student has sued the Chicago Public Schools and her daughter’s teacher for allegedly posting the child’s photo on a Facebook page and publicly mocking her hairstyle. Lucinda Williams is seeking damages in Cook County [...]

Ever wanted to get out of a jury duty? And your friends told you multiple “wrong” answers to give so you would be dismissed from jury duty? Here is what definitely NOT to do- do not make racist remarks. If you do, you may be coming back for jury duty everyday, it will never end, [...]