A civil case can be filed for any number of reasons, but the goal is to have the judge or jury decide if the defendant should be held liable for damages the plaintiff allegedly suffered. The judge and jury will listen to both sides present their arguments and consider if the defendant should be liable for the damages that have been alleged or not. If they will be held liable, the jury or judge has to decide to what extend they should be held liable.
While many people don't believe it's possible, you can actually sue for another person hurting your emotional state. Through civil litigation, it's possible to seek compensation for the intentional infliction of emotional distress (IIED.)
You weren't fired, but your boss or others at work made your life so miserable that you felt you had no choice but to quit your job. Can you take legal action against your employer since technically you voluntarily left? You may be able to if you can show that what happened to you was "constructive discharge."
The new year has brought more than one new California law that was helped along by the momentum of the #MeToo movement. The movement received notoriety largely because of well-known actresses who shared their stories of harassment and abuse. However, activists have focused on sexual assault, abuse and misconduct in all industries.
Employers, even universities, can be held liable in a wrongful termination case by creating a pretext for firing an employee. Earlier this month, former San Diego State University women's basketball coach Beth Burns settled civil litigation for $4 million.
California homeowners have oftentimes faced the frightening risk of civil litigation that could take their homes, especially during the mortgage crisis 10 years ago. However, California law provided essential protections against mortgage foreclosure that were unavailable elsewhere.
At times, civil litigation may reflect ongoing social issues, such as the sexual harassment exposed by the "Me Too" movement. For example, a wrongful termination lawsuit was recently filed in California against Google, charging that the company permitted a workplace culture that diminished women.
Data breaches have become frightening. These incidents have imposed costs, loss of confidentiality and serious inconvenience to email users. In one case, a California federal court judge ruled that victims of data breaches may continue their civil litigation.
A manufacturer who does not meet their contract responsibilities can harm consumers and face civil litigation. In a case that may have an impact across the nation, a California appellate court ruled earlier this year that a woman can sue CarMax for the sale of a car with an unfixed safety recall.
False and deceptive practices associated with mental health or medical care may have long-term and harmful consequences. The California legislature is considering a bill that provides another civil litigation tool for victims of this fraud. The bill treats practicing or advertising conversion therapy as consumer fraud under California's consumer protection laws and allow individuals to file a private lawsuit against practitioners.