Burkam Fuller & Herzog

General Litigation

The Jury in a Civil Lawsuit
There is a constitutional right to a jury trial in certain types of civil cases. The jury in a civil lawsuit usually contains 6 to 12 people. More...
Preclusion and Effect of a Judgment in a Civil Lawsuit
There are several doctrines of preclusion in civil procedure. Some of these doctrines are res judicata, collateral estoppel, judicial estoppel, full faith and credit and law of the case. More...
Housing Courts
Housing courts are specialized courts that handle landlord-tenant cases. The New York City Housing Court handles only residential landlord-tenant cases; another court division handles commercial landlord-tenant cases. Housing courts in Minnesota handle civil and criminal cases related to residential rental housing. The Boston Housing Court handles landlord-tenant disputes, evictions, and housing code violations. This article covers the most common types of cases filed in housing court. More...
Mandatory Arbitration Clauses
Contracts often include arbitration clauses. Arbitration is a method of alternative dispute resolution. The arbitration process is less formal than a trial, and the dispute is resolved much more quickly than traditional litigation. Arbitration clauses require a dispute to be submitted to arbitration instead of filing a lawsuit. The arbitrator's decision is final and binding on the parties. Some legal commentators claim that mandatory arbitration clauses undermine consumer rights. This article discusses the impact of mandatory arbitration clauses on consumers. More...
Judicial Ethics
One of the cornerstones of our American judicial system is the impartial administration of justice. It is crucial that a judge act fairly and impartially, avoiding any appearance of impropriety. Every state has adopted a code of judicial conduct that sets ethical guidelines for judges. All states also have judicial conduct commissions with the power to investigate, prosecute, and decide cases of judicial misconduct. There is also a code of conduct for federal judges. More...

Areas of Practice

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