Tomao is represented in the matter by Brennan & Monte Ltd., while Abbott is represented by Brothers & Thompson P.C. The case is Carol Tomao v. Abbott Laboratories Inc., case number 04-cv-03470, in the U.S. District Court for the Northern District of Illinois.
Full Answer
The demand letter will outline the damage done to the plaintiff and the relief the plaintiff is seeking and will state a lawsuit will be filed unless the parties reach a private settlement. This may lead to a resolution of the case before a formal lawsuit is even filed.
After the plaintiff serves their complaint on the defendant, the defendant will usually have either 20 or 30 days to answer the complaint.
The defendant files a motion to dismiss when all the materials facts taken in best light of the plaintiff still do not provide sufficient legal grounds for the relief. Facts are not argued during a motion to dismiss, normally, the argument revolves around case law or statutory law. Neither, the plaintiff or defendant will have to appear, ...
Either party may move for summary judgment or a judge may determine on her own initiative summary judgment is appropriate. Unlike with pretrial motions to dismiss, information such as affidavits, interrogatories, depositions, and admissions may be considered on a motion for summary judgment. Any evidence admissible at trial may support a motion for summary judgment. Usually a court will hold oral arguments on a summary judgment motion, although it may decide the motion on the parties’ briefs and supporting documentation alone. Normally, the attorneys can appear without their clients having to attend the hearing.
Depending on jurisdictional issues, the complaint is filed in either Federal or State Court. The complaint is a written description of the plaintiff’s legal claims against the defendant.
Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished.
Assuming, the defendant is not successful on their motion to dismiss or does not file a motion to dismiss, the defendant will file an answer. The answer will admit, deny, or state they have insufficient knowledge with which to answer each and every allegation made in the complaint.
The attorney–client privilege, of course, applies to a client’s confidential communications to her lawyer. A client waives any privilege if she communicates with her lawyer in the presence of a third-party. Here, Kennedy and Welch are arguably third-parties because they filed separate lawsuits—does that vitiate any privilege protection?
Michael Kennedy and Ferrell Welch retained attorney Michael Reilly to sue their employer, Supreme Forest, for wrongful discharge. Mr. Reilly filed separate lawsuits on Kennedy and Welch’s behalf. During these lawsuits, Kennedy and Welch jointly participated in meetings with Reilly.
The joint–client doctrine is a non-waiver doctrine that permits parties represented jointly by the same lawyer on a matter of common interest to communicate without fear of privilege waiver.
The common–interest doctrine, also a non-waiver doctrine, permits parties with a common interest, but represented by separate lawyers, ...