Settlement

Where Have All the Gunslingers Gone?

June 19, 2016 | The Law Office of Michael F. Pezzulli, PLLC

cowboy hat and gun
by Michael Pezzulli¹

In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.²

The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

Patent Trolls and The Innovation Act

June 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

Patent Trolls and the U.S. Innovation Act
by Michael Pezzulli¹

In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”²

The Innovation Act is significant in that it directs a party alleging patent infringement in a civil action to include in the court pleadings, if the information is reasonably accessible. It specifies details concerning:

The New Plague, Patent Trolls

May 30, 2015 | The Law Office of Michael F. Pezzulli, PLLC

by Michael Pezzulli ¹

Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian languages, the word is actually a root for just about everything mystical and magical. “Trolleri” was considered to be a type of magic that was intended to harm others and is probably the primary source for the term “troll” for these mythological creatures were considered to be particularly malignant, especially toward humans, in stories from folklore.²

Sadly, the Troll has crawled out from under the bridge and has firmly attached itself to Patent Litigation; however, it has never lost its malignant nature, especially towards humans and the innovation industry. This malignancy has continued to spread throughout the United States. “The number of patent lawsuits filed spiked by almost 30% in 2012 to over 5,000, with some of that increase attributed to the AIA’s ‘anti-joinder’ provision…. Patent infringement litigation shows no signs of cooling off, either as a means of generating revenue or of protecting competitive advantages.”³

A Practical Guide to Presenting and Defending a Spoliation of Evidence Case

July 1, 1998 | The Law Office of Michael F. Pezzulli, PLLC

By Michael F. Pezzulli and Charles J. Fortunato Spoliation of Evidence

2016 American Bar Association Annual Meeting, Tort & Insurance Section

Spoliation of evidence seems to be on the rise. But the emergence of case law on the subject has made it easier to identify and address the problem.

Personal Property and Real Estate Foreclosure Laws in Texas

May 16, 1990 | The Law Office of Michael F. Pezzulli, PLLC

man holding house keys
By Michael Pezzulli

Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016

Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled.

Real Property Deficiency Judgments

April 5, 1989 | The Law Office of Michael F. Pezzulli, PLLC

judge's gavel
by Michael Pezzulli

How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas

This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is made of the developing trends in this area as well as the current rules concerning non-judicial foreclosures and resulting deficiencies. Judicial foreclosures on real property are not discussed inasmuch as few lenders invoke the assistance of the Court when they can recover the property by trustee’s sale on the courthouse steps without so much as filing a petition in court.