Thomas J. West
Krilich, La Porte, West & Lockner, P.S.
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Personal Injury Newsletter
Federal Jurisdicton in Recreational Boating Accidents
 
When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.More...
 
The Longshore and Harbor Workers' Compensation Act - Death Benefits
 
If a maritime employee's death was caused by a work related injury, the employee's widow, widower, or other eligible survivor may recover death benefits under the Longshore and Harbor Workers' Compensation Act. The widow, widower, or survivor may also recover funeral expenses of up to $3,000.More...
 
Defendant's Wrongful Use of Process
 
It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.More...
 
The Military Claims Act
 
When a person has died, has sustained injuries, or has sustained property damage as a result of the activities of military personnel or civilians who are employed by the military, the person or his or her representative may be entitled to recover damages from the federal government under the Military Claims Act (MCA). More...
 
Defense of Property
 
Generally, a person has a legal right to use reasonable force to prevent the commission of a tort (such as trespass or conversion) against his or her property. Therefore, if a person uses force to prevent the commission of a tort against his or her property and he or she is sued for assault, battery, or another intentional tort, he or she may claim defense of property as a defense to the action. A person is required to make a request to desist before using force to defend his or her property unless such a request would be futile or dangerous. More...
 
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