First Amendment Case: Sexual Assault Victim’s Counterclaim

There have been further developments in Wade v. Foster, an important First Amendment case in which I represent Erin Foster, a woman who reported being sexually assaulted.  As I  mentioned in a previous post, the case is unusual in that although Erin, my client, reported the sexual assault, she is being sued by Bret Wade, the person identified as her assailant.  Erin believes that the lawsuit, in federal court in Maryland, is meant to intimidate her into remaining silent. Wade,…

First Amendment: Defending Right to Speak About Sexual Assault

In an important First Amendment case, The Kaplan Law Firm currently represents a client being sued for, according to the lawsuit against her, reporting that she was sexually assaulted.  This case highlights an unfortunate aspect of our legal system—individuals who have money can sue others who say things that they do not like, even if they have little hope of winning the case, and use the enormous costs of defending oneself from a lawsuit for defamation to silence such individuals.  This…

New DC Superior Court Debt Collection Practice Ignores the Law

In litigating throughout the country over the last decade, I have found that courts and court clerks sometimes impose their own practices on litigants, practices not supported by, and sometimes directly in conflict with, relevant law, including the court’s own formal rules.  A new procedure recently adopted by the DC Superior Court clerk’s office is a good example—the procedure reduces the clerk’s workload, but it violates the law. I am pursuing collection lawsuits in D.C. Superior Court on behalf of…

Do not ignore a lawsuit!!

Many issues surrounding litigation are complicated.  But there is one straightforward, uncomplicated rule that applies to all lawsuits anywhere—if you are sued do not ignore the lawsuit!!  No matter how ridiculous the lawsuit seems or how much you do not want to pay for an attorney, you must respond to avoid a default judgment.  This rule may be obvious to many, but, it is ignored by untold numbers of individuals and small businesses every year.  Following this rule is especially…