The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Tuesday, May 17, 2011

How to obtain a judgment on the Pleadings in Federal Court

Our Law Firm has been representing victims of police violence in Federal Court with great success. Many times, our lawyers obtain judgments on the pleadings before going to a trial.

Our San Antonio Lawyers are here to help the victims of police brutality, specially when the victim is dead. Bellow is an example of pleading filed in Federal Court to help practitioners obtain a judgment on the pleadings pursuant the Federal Rules of Civil Procedure.



NOW COME Plaintiffs, Movants herein, and request the Court to enter Judgment on the Pleadings in favor of Movants on the claims set forth herein, and against Defendants (hereinafter Non-Movants), and in support thereof, show the Court the following:

After the pleadings are closed but within such time as not to delay the trial, any party my move for judgment on the pleadings. Federal Rules of Civil Procedure 12(c).The standard for deciding a Rule 12(c) motion is the same as a Rule 12(b)(6) motion to dismiss.

The court "accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff." In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007), petition for cert. filed, (U.S. Nov. 26, 2007) (No. 07-713).

The plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, - U.S. -, 127 S.Ct. 1955, 1974 (2007).

"Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. at 1965.

Averments in a pleading which a responsive pleasing is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Federal Rules of Civil Procedure 8(d).

When the facts of the case are such that a judgment on the pleadings can be obtain, practitioners need to be aware of them.

If you, or someone you know has been a victim of police brutality, give us a call at (210) 979-9777. We care about your legal needs!

Tuesday, May 3, 2011

How to petition for damages in a personal injury case

Our law firm has represented hundreds of cases for personal injury in Texas and the San Antonio area. Although each case is unique, the vast majority can be proven with the same efficiency, so long as some parameters are put in place.

This blog is intended to help those practitioners to have the tools needed to successfully litigate a personal injury case. Remember to always "humanize" your client.

As a direct and proximate result of the occurrence made the basis of this lawsuit, and Defendants' acts as described herein, Plaintiff was caused to suffer severe medical trauma damages more fully set forth below.

As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, has incurred the following damages:

A. Reasonable medical care and expenses. These expenses were incurred by Plaintiffs, for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Bexar County, Texas;

B. Reasonable and necessary medical care and expenses which will, in all reasonable probability, be incurred in the future;

C. Physical pain and suffering in the past;

D. Physical pain and suffering in the future; and

E. Mental anguish in the future;

F. Physical impairment which, in all reasonable probability, will be suffered in the future;

G. Cost of medical monitoring and prevention in the future.

By reason of the above, Plaintiff, has suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought.

PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for damages in an amount within the jurisdictional limits of the Court; exemplary damages, as addressed to each Defendant per Section 41.006, Chapter 41, Texas Civil Practice and Remedies Code, , excluding interest, and as allowed by Sec. 41.008, Chapter 41, Texas Civil Practice and Remedies Code; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.

We hope this has been helpful to practitioners. You can change, add or subtract on your petition as necessary, so that it fits your case when you are filing with court. Good luck, and happy litigating.

If you need a lawyer in san antonio for your personal injury case, give us a call (210) 979-9777 or visit our website: The Baez Law Firm, P.C.

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San Antonio, Texas, United States
Find Personal Injury Trial Lawyers that will treat you with dignity and respect. The Baez Law Firm, P.C. is dedicated to help those less fortunate. Our San Antonio Lawyers also handle family law, criminal defense, business law, immigration, social security disability, patent law, trade marks and much more. We are professionals that care about your legal needs. Our motto is simple: “Minimizing Legal Worries!”℠ Visit us at or call us (210) 979-9777. Have a blessed day!

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1100 NW Loop 410, Suite 500
San Antonio, Texas 78213
Tel. (210) 979-9777
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