Jurisdictional Issues in Legal Fights — Best Chicago Business Dispute Trial Attorneys

Jurisdictional issues can affect any case and are most likely to be more common in America where the variances in counties and states are, perhaps, greater than anywhere else in the world.  Such concerns affect all cases in terms of venue and the ties that parties may have to a certain jurisdiction over another.

The death of Charles Manson has been no exception to challenging jurisdiction.  His recent death has to lead to unexpected claims over his remains and the venue for the matter still needs to be decided.

Shortly after his death, two Wills have resurfaced with each one leaving the estate to a different person.  He died at a hospital in Bakersfield, California but those that wish to claim rights reside in a different jurisdiction.  A judge in Los Angeles considers it to be too early to determine who has the right to the remains and the estate of the cult leader that died in November. He was originally have thought not to have any next of kin and now that people claiming entitlement have surfaced, the decision over his remains and estate should be decided in a separate hearing.  The judge will also decide whether the case should be tried in the county where he lived before the crimes that he was involved in were committed, where he was imprisoned before his death or where he died. 

Similar issues can extend to any case, for instance in the corporate world, the place of where a contract is made, the business location of the parties or where a contract was breached could all cause jurisdictional concerns which may then need to be determined by a court.  Many parties that suffer as a result of a breach can also come forward at a later date.  For such reasons, jurisdiction becomes one of the primary concerns when one first begins to initiate action with respect to a case.

The only one asset that they are not sure of is, Bitcoin.  It is with the emergence of a regulated futures market and a volatile and misunderstood at a time when a bubble is likely to emerge. It is felt that the CTFC will be in a better position to protect the public by understanding better as to the ways in which Bitcoin and other crypto-currencies are traded.   Most of the trade is unsupervised and regulated where stocks can be manipulated making it risky and if the introduction of litigation is involved, issues such as venue and jurisdiction make the exercise more challenging.

The proper venue for litigation also comes up in case concerning patent infringement more often than not. In fact, so much so that new offices are made in those environments that host patentee-friendly jurisdictions.  Venue selection matters in order to have an advantage of being on “home field”.  It also matters when it is likely to be a venue which is more likely to give an outcome that is desirous to a certain party.

Thus, for reasons above listed, “location-location” is a term that could equally apply to lawyers and litigation as well.



https://www.bloomberg.com/news/articles/2018-01-12/who-wants-to-be-bitcoin-s-watchdogSuper Lawyers named Illinois commercial law trial attorney Peter Lubin a Super Lawyer and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, noncompete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes.  Our Oak Park and Evanston business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business lawsuits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist Chicago and Oak Brook area businesses and business owners who are victims of fraud. You can contact us by calling at 630-333-0333.  You can also contact us online here.

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