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Prepare to defend court victories politically: Winning in court often isn’t enough, as opponents can mount attempts through legislatures or at the ballot to reverse good decisions and otherwise try to delegitimize the win. State constitutional amendments nullified court victories in Hawaii in the 1990s and stripped away the freedom to marry in California in 2008. Advocates should be completely prepared to fight back against efforts to overturn the rulings, and should also work post-victory to allay concerns, refute falsehoods, and solidify support so as to leverage the win. In Massachusetts, for example, the Massachusetts Supreme Judicial Court victory on the freedom to marry was immediately followed by attempts in the legislature to pass a constitutional amendment repealing the freedom to marry. Without the strong leadership of MassEquality, supported by national groups and funders, and many months of public education work and organizing across the state, the nation’s first marriage state could have been a short-lived triumph. Similarly, in New Mexico in 2013, we prepared for an eventual state Supreme Court ruling on marriage by launching one of our joint campaigns, New Mexico United for Marriage, focused singularly on protecting the ruling, organizing in the legislature, and directing state-wide attention to the joy brought on by the freedom to marry.
Oakland, CA: A Northern California owner and operator of two horse training facilities--Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister, doing business as EWC & Associates Inc.—has been reigned in by federal court and ordered to pay $1,270,683 to 30 employees for several work visa program violations and California labor law violations.
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Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time period specified in the summons for an answer. If all of the above motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), and finally the defendant must file an answer.
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It's also important to remember that your attorney understands the litigation process in a way that you don't. While you're a foreigner in the legal realm, your lawyer lives there. So, it's worth paying careful heed to your lawyer's advice. If you don't understand something, ask probing questions. However, always keep in mind that your lawyer has extensive professional training and experience in these matters.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.