Category Archives: Legal Substance
Montana’s Unique Approach To Claims For Wrongful Discharge From Employment
by Wilton H. Strickland Montana law strikes me as rather friendly to plaintiffs, certainly friendlier than Florida law. For example, Montana plaintiffs generally have 3 years to serve a complaint …
Practice Tip: Internal Policies And Procedures Do Not Set The Legal Standard Of Care
by Wilton H. Strickland Litigators often encounter an argument that just “feels” wrong, but they struggle to recall if there is a body of case law refuting it. One such …
Using Force To Defend Property: Legal Or Not?
by Wilton H. Strickland Every law student in the United States eventually reads the famous case of Katko v. Briney, 183 N.W.2d 657 (Iowa 1971). The Brineys were a married …
How To Assert A Section 1983 Civil Rights Claim Against A Local Government Authority (A “Monell” Claim)
by Wilton H. Strickland Several years ago I wrote an article on this blog explaining how to assert a Section 1983 civil rights claim against a private defendant. At the …
Perhaps The Most Misused Defense Theory: Common-Law Indemnity
by Wilton H. Strickland Upon being named in a lawsuit, a defendant quite naturally and predictably points the finger at someone else. There are various methods for a defendant to …
Defamation: A Heightened Risk In Modern Times
by Wilton H. Strickland “Sticks and stones may break my bones, but words will never hurt me.” We used to throw that playground taunt at each other when I was …
Insurance Regulation, Reverse Pre-Emption, Subject Matter Jurisdiction, And Office Politics — The Many Lessons Rolled Into An Assignment As A First-Year Associate
by Wilton H. Strickland I began my career as an attorney in a tall office building in downtown Miami, Florida. It was an exciting time for me as a young …
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