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Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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Case Assignment Rules: Understanding Legal Procedures

Mastering case assignment rules: a comprehensive guide.

Case assignment rules are an essential aspect of the legal system, governing how cases are assigned to judges and courts. Understanding these rules is crucial for legal professionals and anyone involved in the legal process. In this article, we will explore the intricacies of case assignment rules, including their importance, implementation, and impact on the legal system.

Importance of Case Assignment Rules

Case assignment rules play a vital role in ensuring fair and efficient allocation of cases within the legal system. By establishing clear guidelines for assigning cases to judges and courts, these rules help prevent biases or favoritism and promote transparency and accountability. Additionally, well-defined case assignment rules contribute to the smooth functioning of the legal process, reducing delays and backlog of cases.

Implementation of Case Assignment Rules

The Implementation of Case Assignment Rules varies across different jurisdictions legal systems. In some jurisdictions, cases are assigned through a random selection process, while others may use a rotational system or specific criteria such as case complexity or judge specialization. It is essential for legal professionals to be familiar with the specific case assignment rules applicable to their jurisdiction to navigate the legal process effectively.

Impact of Case Assignment Rules

Research and statistics have shown that well-designed case assignment rules can significantly impact the outcomes of legal proceedings. A study conducted by the American Bar Association found that jurisdictions with clear and consistent case assignment rules exhibited lower rates of case appeals and higher levels of public trust in the legal system. Moreover, efficient case assignment rules have been linked to reduced case processing times and improved judicial efficiency.

Case Assignment Rules in Practice

Let`s take a look at a real-world example to illustrate the practical application of case assignment rules. In the state of California, the Superior Court uses a case management system that incorporates a computerized random assignment process for civil cases. This system ensures that cases are allocated to judges in a fair and impartial manner, enhancing public confidence in the judicial system.

Mastering case assignment rules is crucial for legal professionals seeking to navigate the legal landscape with confidence and proficiency. By understanding importance, implementation, Impact of Case Assignment Rules, legal professionals can contribute fair efficient legal system upholds principles justice equality.

Professional Legal Contract: Case Assignment Rules

This agreement is made and entered into as of [Date], by and between the parties involved in the assignment and allocation of cases, hereinafter referred to as “Parties”.

In witness whereof, the parties have executed this agreement as of the date first above written.

Unlocking the Mysteries of Case Assignment Rules:

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Understanding an assignment and assumption agreement

Need to assign your rights and duties under a contract? Learn more about the basics of an assignment and assumption agreement.

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by   Belle Wong, J.D.

Belle Wong, is a freelance writer specializing in small business, personal finance, banking, and tech/SAAS. She ...

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Updated on: November 24, 2023 · 3min read

The assignment and assumption agreement

The basics of assignment and assumption, filling in the assignment and assumption agreement.

While every business should try its best to meet its contractual obligations, changes in circumstance can happen that could necessitate transferring your rights and duties under a contract to another party who would be better able to meet those obligations.

If you find yourself in such a situation, and your contract provides for the possibility of assignment, an assignment and assumption agreement can be a good option for preserving your relationship with the party you initially contracted with, while at the same time enabling you to pass on your contractual rights and duties to a third party.

An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.

In order for an assignment and assumption agreement to be valid, the following criteria need to be met:

• The initial contract must provide for the possibility of assignment by one of the initial contracting parties.
• The assignor must agree to assign their rights and duties under the contract to the assignee.
• The assignee must agree to accept, or "assume," those contractual rights and duties.
• The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.

A standard assignment and assumption contract is often a good starting point if you need to enter into an assignment and assumption agreement. However, for more complex situations, such as an assignment and amendment agreement in which several of the initial contract terms will be modified, or where only some, but not all, rights and duties will be assigned, it's a good idea to retain the services of an attorney who can help you draft an agreement that will meet all your needs.

When you're ready to enter into an assignment and assumption agreement, it's a good idea to have a firm grasp of the basics of assignment:

• First, carefully read and understand the assignment and assumption provision in the initial contract. Contracts vary widely in their language on this topic, and each contract will have specific criteria that must be met in order for a valid assignment of rights to take place.
• All parties to the agreement should carefully review the document to make sure they each know what they're agreeing to, and to help ensure that all important terms and conditions have been addressed in the agreement.
• Until the agreement is signed by all the parties involved, the assignor will still be obligated for all responsibilities stated in the initial contract. If you are the assignor, you need to ensure that you continue with business as usual until the assignment and assumption agreement has been properly executed.

Unless you're dealing with a complex assignment situation, working with a template often is a good way to begin drafting an assignment and assumption agreement that will meet your needs. Generally speaking, your agreement should include the following information:

• Identification of the existing agreement, including details such as the date it was signed and the parties involved, and the parties' rights to assign under this initial agreement
• The effective date of the assignment and assumption agreement
• Identification of the party making the assignment (the assignor), and a statement of their desire to assign their rights under the initial contract
• Identification of the third party accepting the assignment (the assignee), and a statement of their acceptance of the assignment
• Identification of the other initial party to the contract, and a statement of their consent to the assignment and assumption agreement
• A section stating that the initial contract is continued; meaning, that, other than the change to the parties involved, all terms and conditions in the original contract stay the same

In addition to these sections that are specific to an assignment and assumption agreement, your contract should also include standard contract language, such as clauses about indemnification, future amendments, and governing law.

Sometimes circumstances change, and as a business owner you may find yourself needing to assign your rights and duties under a contract to another party. A properly drafted assignment and assumption agreement can help you make the transfer smoothly while, at the same time, preserving the cordiality of your initial business relationship under the original contract.

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Assignment of Personal Injury Cases

Brien Roche

To assign something means to sell it. Certain claims may be sold. For instance contract claims may be sold. You see that all the time in terms of debt collection. Debt collectors will frequently buy contract claims that a particular creditor may have. They may buy them for a lump sum dollar amount. In the alternative they may buy them in return for payment to the assignor of a certain percentage of what might be collected. 

Legal malpractice claims are considered to be contract claims. They however may not be assigned.  MNC Credit Corp v. Sickels , 255 Va. 314 (1998)

Assignment Personal Injury Cases

In general personal injury claims may not be assigned. Likewise fraud claims may not be assigned.  RTC v. Winthrop , 923 F.Supp. 83 (1995)  Likewise punitive damage claims cannot be assigned.

Within the personal injury context however, an assignment may be given of proceeds. What that means is that the plaintiff continues to own the claim but the plaintiff may assign the proceeds of the claim to someone else. The assignment in that case serves as security for what is called “new value given”. G em Construction Corp. of Virginia, 262 B.R. 638 (E.D. Va. 2000)  What that means is that if somebody renders a service to a plaintiff, such as a healthcare provider, and that service is worth “X” amount of money, then the plaintiff may assign “X” amount of money out of the personal injury proceeds to that provider.

The assignor (the plaintiff) must retain exclusive control of the litigation and any settlement.  Musser , 24 B.R. 913, 920 (W.D. Va. 1982);  Duty , 78 B.R. 111, 114 (E.D. Va. 1987)  To do otherwise would encourage champerty and maintenance. Both of those are disallowed. Likewise assignments tend to discourage settlement. The public policy of Virginia encourages settlement.  Midwest Mutual v. Aetna , 216 Va. 926 (1976)

Assignment Personal Injury Cases-Code 8.01-26

In looking at any assignment issue, you have to look closely at Va. Code § 8.01-26. That Code section does expressly allow assignment as to claims for damage to real or personal property. Likewise it allows assignment as to contract claims. Likewise it does not prohibit an injured party from making a voluntary assignment of proceeds in a personal injury action.

All of that has to be analyzed in conjunction with Va. Code § 8.01-13 which allows for a credit as to the party being sued for whatever the plaintiff received for the assignment before the defendant had notice of the assignment.

The long and short of assignments of personal injury claims is that the proceeds may be assigned. The plaintiff must continue to control the litigation. If the plaintiff actually received something of value for the assignment prior to the defendant having notice, then the defendant may be entitled to that credit. 

Work With a Skilled Personal Injury Lawyer in the DMV Area

Call, or  contact us  for a free consult. Also for more info on assignment of contracts see the Wikipedia pages. Also see the post on this site dealing with contract issues.

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6.4: Assignment, Delegation, and Commonly Used Contracts Clauses

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Learning Objectives

• Learn about assignment and delegation.
• Examine novation.
• Explore restrictions on assignment, exculpatory clauses, noncompete clauses, mandatory arbitration clauses, acceleration clauses, and liquidated damages clauses.
• Explore the parol evidence rule.

What if you formed a contract with a rock ’n’ roll band for its services? Specifically, you wanted the band to play at your nightclub, because you thought that your customers would enjoy the band enough to pay to see it perform. You hired this specific band because you heard that it drew large crowds of paying customers. Imagine your surprise when, as you anticipate the band’s performance, you discover that another band—one you have never heard of—has come to play instead of the original contracting band. On inquiry, you learn that the original band transferred its duties to perform to a lesser-known band. Can it do that?

Contract elements—the terms of the contract—are important. They may, among other things, foreclose your ability to bring a complaint in court, they may render you unable to be hired in your profession (at least within certain boundaries), or they may limit liability to a party that had a role in causing injury to you. If you are not aware of these elements, then you may face an unpleasant surprise if you act in a way contrary to the restrictions imposed by those terms. Likewise, contracts possess certain qualities that prohibit parties from acting in certain ways, unless those qualities are expressly waived. This section identifies common properties of contracts, as well as commonly used elements of contracts. If you are negotiating a contract and you do not like a term, then you should not agree to it. In law, there is a presumption that you have read, understood, and agreed to each and every term of any contract to which you are a party. Arguing that you did not understand or that you did not approve of a particular term in the contract will not be a valid excuse to performance. You should know what you can expect when you enter into a contract. Are you getting the band that you wanted to hire to play in your nightclub, or are you really getting any band that the original band happens to transfer its duties to?

As a preliminary matter, it is important to realize that contracts are, by law, assignable and delegable. This means that the rights conveyed by the contract may be transferred to another party by assignment, unless an express restriction on assignment exists within the contract, or unless an assignment would violate public policy. Likewise, the duties imposed on a party may be transferred to another party by delegation, unless the contract expressly restricts delegation, or there is a substantial interest in personal performance by the original party to the contract, or if delegation would violate public policy. In the case of a band hired to perform at a nightclub, an argument could be made that the original band cannot delegate its duties under the contract because there was a substantial interest in personal performance by the original band. This would render the contract nondelegable. To be on the safe side, your contract with that band should have had a clause expressly prohibiting delegation.

Many students have seen restrictions on assignment in the form of no-sublease clauses in leases with landlords. Do you have a no-sublease clause in your lease? If so, that is a restriction on assignment. This clause is necessary to prevent you from assigning your rights under the lease—your rights to inhabit the premises—to another party. It is necessary for the landlord to include that provision expressly if she wishes to prevent you from subleasing the unit, because there is a presumption in law that assignment is permitted unless it is expressly prohibited by the contract or unless the assignment would violate public policy. Since it is unlikely that letting someone else live in your housing unit in your absence would violate public policy, then the landlord must expressly prohibit the assignment within the original contract if she wishes to prevent tenants from subleasing. A landlord may have a very good reason to wish to prevent subleasing; she may wish to ensure that each tenant is creditworthy prior to allowing the tenant to live in the property.

Note that in delegation and in assignment, the original contracting party is not “off the hook” if it transfers its duties or rights to another party. For instance, if subleasing was not prohibited, and the new tenant assumed the rights and duties imposed by the original contract, the original party to the contract is still liable for the payment of rent. If the subleasing tenant does not pay the rent, the original party to the lease is still liable. The way to excuse oneself from this liability is to form a three-way novation with the original party and the new party, thereby excusing the exiting party from future liability arising under the contract. A novation is essentially a new contract that transfers all rights and duties to the new party to the contract and releases the previous party from any further obligation arising from the original contract.

Restrictions on assignment or delegation are not the only common elements that can be found in contracts. For example, you have probably encountered exculpatory clauses. An exculpatory clause is an express limitation on potential or actual liability arising under the subject matter of the contract. In short, exculpatory clauses are often employed when risk of injury exists. They seek to limit one party’s liability to another. You most certainly have signed exculpatory agreements or contracts containing exculpatory clauses if you have participated in any potentially dangerous activity at a club or with an organized group that could incur liability from injuries suffered by its patrons or members. For example, if you join a kayaking club, you will most likely be asked to sign such an agreement to “hold harmless” the club in the event of any accident or injury. However, despite the existence of an exculpatory clause, liability will not be limited (that is, the liability limitations will be unenforceable) when the party who would benefit from the limitation on liability acted with gross negligence, committed an intentional tort, or possessed greatly unequal bargaining power, or if the limitation on liability violates public policy. Imagine that you signed an agreement to engage in kayaking activities with a kayaking group, but the leader of the group battered you with her oar because she was angry with you for mishandling your kayak. Since battery is an intentional tort, the exculpatory clause will not protect the kayaking organization from liability it incurred through the actions of its employee.

Another common contract element that you may have encountered is a noncompete clause. A noncompete clause attempts to restrict competition for a specified period of time, within a certain geographic region, and for specified activities. Noncomplete clauses are generally valid against the party who signed it if the time, place, and scope are reasonable. These are very common clauses in employment contracts, particularly where the duties involved in employment are likely to involve trade secrets or other proprietary information that the company wishes to protect.

A mandatory arbitration clause is very common in consumer contracts and employment contracts. You have certainly subjected yourself to the restrictions imposed by these clauses if you have signed a contract for a credit card. Mandatory arbitration clauses require parties to a contract that contains such a clause to submit to mandatory arbitration in the event of a dispute arising under the contract. Mandatory arbitration clauses frequently foreclose any possibility of appealing arbitration awards in court.

An acceleration clause commonly exists in contracts where periodic payments are contemplated by the agreement. For example, if you signed a lease for your housing unit, then you most likely pay rent on a month-to-month basis. If you breached your lease, you would still owe rent for each subsequent month contemplated by the lease agreement. This means that your landlord would have new injury every month that you did not pay. An acceleration clause accelerates all payments due under the contract on breach. This allows the injured party—in this case, the landlord—to sue for all damages due for unpaid rent under that contract at once, rather than having to bring a new suit each month to seek monthly unpaid rent.

A liquidated damages clause allows parties to set the amount of damages in the event of breach. Agreeing to a damage amount before any breach occurs can save money and time spent litigating. Providing that the liquidated damages clause does not look like a penalty, the clause will be valid and enforced by a court that hears a dispute arising under the contract. For example, imagine that you entered into a contract for the sale of your car. If the liquidated damages clause provided for two thousand dollars of damages in the event of breach, that will probably be a valid liquidated damages clause, providing that your car is an “average” car. However, if the liquidated damages clause provided for one million dollars of damages payable by the breaching party, then that would not be enforceable by the court because it looks like a penalty. The proposed liquidated damages far exceed the value of the car that is the subject of the agreement.

Of course, there are additional common elements to contracts. This is not an exhaustive study of possible provisions, though it is a list of commonly encountered elements. For example, time of performance is often included as a separate provision. However, time for performance is an essential element in common-law contract formation, and without it, the contract may fail due to lack of definite and certain terms in formation.

A major assumption made about a written contract is that it is integrated, which means that it contains the entire expression of the parties’ agreement. That means that any statements made before the parties signed the contract are not part of the contract, unless those statements are memorialized in the contract itself. In fact, any statements or actions that are not captured within the four corners of the contract are considered parol evidence, and they will not be used to interpret the meaning of the contract.

Key Takeaways

Parties to contracts must not only take care to form the agreement so that it is legally enforceable, but they must also be aware of the properties of contracts in general, as well as specific provisions contained within contracts to which they are a party. Properties of contracts include ability to assign, delegate, and exclude parol evidence. Several types of contracts clauses are commonly used to restrict rights and limit liability.

Exercise \(\PageIndex{1}\)

• Think of an example of an exculpatory clause that you have signed. For what type of activity would you be unwilling to sign an exculpatory clause? If your refusal to sign the exculpatory clause or agreement prevented you from participating in that activity, would you still refuse to sign it?
• Do you think that too many limitations and restrictions can be placed on parties in a contract? Should there be more government regulation and standardization of contract terms between private parties? Why or why not?

5 Case theory

A first look at case, the basic purpose of case, case government, synthetic versus analytic case marking, case theory, case features, case licensing configurations.

Spotting issues with assignment clauses in M&A Due Diligence

Written by: Kira Systems

January 19, 2016

6 minute read

Although not nearly as complex as change of control provisions , assignment provisions may still present a challenge in due diligence projects. We hope this blog post will help you navigate the ambiguities of assignment clauses with greater ease by explaining some of the common variations. (And, if you like it, please check out our full guide on Reviewing Change of Control and Assignment Provisions in Due Diligence. )

What is an Assignment Clause?

First, the basics:

Anti-assignment clauses are common because without them, generally, contracts are freely assignable. (The exceptions are (i) contracts that are subject to statutes or public policies prohibiting their assignment, such as intellectual property contracts, or (ii) contracts where an assignment without consent would cause material and adverse consequences to non-assigning counterparties, such as employment agreements and consulting agreements.) For all other contracts, parties may want an anti-assignment clause that allows them the opportunity to review and understand the impact of an assignment (or change of control) before deciding whether to continue or terminate the relationship.

In the mergers and acquisitions context, an assignment of a contract from a target company entity to the relevant acquirer entity is needed whenever a contract has to be placed in the name of an entity other than the existing target company entity after consummation of a transaction. This is why reviewing contracts for assignment clauses is so critical.

A simple anti-assignment provision provides that a party may not assign the agreement without the consent of the other party. Assignment provisions may also provide specific exclusions or inclusions to a counterparty’s right to consent to the assignment of a contract. Below are five common occurrences in which assignment provisions may provide exclusions or inclusions.

Common Exclusions and Inclusions

Exclusion for change of control transactions.

In negotiating an anti-assignment clause, a company would typically seek the exclusion of assignments undertaken in connection with change of control transactions, including mergers and sales of all or substantially all of the assets of the company. This allows a company to undertake a strategic transaction without worry. If an anti-assignment clause doesn’t exclude change of control transactions, a counterparty might materially affect a strategic transaction through delay and/or refusal of consent. Because there are many types of change of control transactions, there is no standard language for these. An example might be:

In the event of the sale or transfer by [Party B] of all or substantially all of its assets related to this Agreement to an Affiliate or to a third party, whether by sale, merger, or change of control, [Party B] would have the right to assign any or all rights and obligations contained herein and the Agreement to such Affiliate or third party without the consent of [Party A] and the Agreement shall be binding upon such acquirer and would remain in full force and effect, at least until the expiration of the then current Term.

Exclusion for Affiliate Transactions

A typical exclusion is one that allows a target company to assign a contract to an affiliate without needing the consent of the contract counterparty. This is much like an exclusion with respect to change of control, since in affiliate transfers or assignments, the ultimate actors and responsible parties under the contract remain essentially the same even though the nominal parties may change. For example:

Either party may assign its rights under this Agreement, including its right to receive payments hereunder, to a subsidiary, affiliate or any financial institution, but in such case the assigning party shall remain liable to the other party for the assigning party’s obligations hereunder. All or any portion of the rights and obligations of [Party A] under this Agreement may be transferred by [Party A] to any of its Affiliates without the consent of [Party B].

Assignment by Operation of Law

Assignments by operation of law typically occur in the context of transfers of rights and obligations in accordance with merger statutes and can be specifically included in or excluded from assignment provisions. An inclusion could be negotiated by the parties to broaden the anti-assignment clause and to ensure that an assignment occurring by operation of law requires counterparty approval:

[Party A] agrees that it will not assign, sublet or otherwise transfer its rights hereunder, either voluntarily or by operations of law, without the prior written consent of [Party B].

while an exclusion could be negotiated by a target company to make it clear that it has the right to assign the contract even though it might otherwise have that right as a matter of law:

This Guaranty shall be binding upon the successors and assigns of [Party A]; provided, that no transfer, assignment or delegation by [Party A], other than a transfer, assignment or delegation by operation of law, without the consent of [Party B], shall release [Party A] from its liabilities hereunder.

This helps settle any ambiguity regarding assignments and their effects under mergers statutes (particularly in forward triangular mergers and forward mergers since the target company ceases to exist upon consummation of the merger).

Direct or Indirect Assignment

More ambiguity can arise regarding which actions or transactions require a counterparty’s consent when assignment clauses prohibit both direct and indirect assignments without the consent of a counterparty. Transaction parties will typically choose to err on the side of over-inclusiveness in determining which contracts will require consent when dealing with material contracts. An example clause prohibiting direct or indirect assignment might be:

Except as provided hereunder or under the Merger Agreement, such Shareholder shall not, directly or indirectly, (i) transfer (which term shall include any sale, assignment, gift, pledge, hypothecation or other disposition), or consent to or permit any such transfer of, any or all of its Subject Shares, or any interest therein.

“Transfer” of Agreement vs. “Assignment” of Agreement

In some instances, assignment provisions prohibit “transfers” of agreements in addition to, or instead of, explicitly prohibiting “assignments”. Often, the word “transfer” is not defined in the agreement, in which case the governing law of the contract will determine the meaning of the term and whether prohibition on transfers are meant to prohibit a broader or narrower range of transactions than prohibitions on assignments. Note that the current jurisprudence on the meaning of an assignment is broader and deeper than it is on the meaning of a transfer. In the rarer case where “transfer” is defined, it might look like this:

As used in this Agreement, the term “transfer” includes the Franchisee’s voluntary, involuntary, direct or indirect assignment, sale, gift or other disposition of any interest in…

The examples listed above are only of five common occurrences in which an assignment provision may provide exclusions or inclusions. As you continue with due diligence review, you may find that assignment provisions offer greater variety beyond the factors discussed in this blog post. However, you now have a basic understand of the possible variations of assignment clauses. For a more in-depth discussion of reviewing change of control and assignment provisions in due diligence, please download our full guide on Reviewing Change of Control and Assignment Provisions in Due Diligence.

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• Assignment Clause

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Contract Clauses

• Acceleration Clause
• Arbitration Clause
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• Privacy Clause
• Release Clause
• Severability Clause
• Subordination Clause
• Subrogation Clause
• Survival Clause
• Termination Clause
• Time of Essence Clause

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Assignment clause defined.

Assignment clauses are legally binding provisions in contracts that give a party the chance to engage in a transfer of ownership or assign their contractual obligations and rights to a different contracting party.

In other words, an assignment clause can reassign contracts to another party. They can commonly be seen in contracts related to business purchases.

Here’s an article about assignment clauses.

Assignment Clause Explained

Assignment contracts are helpful when you need to maintain an ongoing obligation regardless of ownership. Some agreements have limitations or prohibitions on assignments, while other parties can freely enter into them.

Here’s another article about assignment clauses.

Purpose of Assignment Clause

The purpose of assignment clauses is to establish the terms around transferring contractual obligations. The Uniform Commercial Code (UCC) permits the enforceability of assignment clauses.

Assignment Clause Examples

Examples of assignment clauses include:

• Example 1 . A business closing or a change of control occurs
• Example 2 . New services providers taking over existing customer contracts
• Example 3 . Unique real estate obligations transferring to a new property owner as a condition of sale
• Example 4 . Many mergers and acquisitions transactions, such as insurance companies taking over customer policies during a merger

Here’s an article about the different types of assignment clauses.

Assignment Clause Samples

Sample 1 – sales contract.

Assignment; Survival .  Neither party shall assign all or any portion of the Contract without the other party’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that either party may, without such consent, assign this Agreement, in whole or in part, in connection with the transfer or sale of all or substantially all of the assets or business of such Party relating to the product(s) to which this Agreement relates. The Contract shall bind and inure to the benefit of the successors and permitted assigns of the respective parties. Any assignment or transfer not in accordance with this Contract shall be void. In order that the parties may fully exercise their rights and perform their obligations arising under the Contract, any provisions of the Contract that are required to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of the Contract.

Reference :

Security Exchange Commission - Edgar Database,  EX-10.29 3 dex1029.htm SALES CONTRACT , Viewed May 10, 2021, <  https://www.sec.gov/Archives/edgar/data/1492426/000119312510226984/dex1029.htm >.

Sample 2 – Purchase and Sale Agreement

Assignment . Purchaser shall not assign this Agreement or any interest therein to any Person, without the prior written consent of Seller, which consent may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, upon prior written notice to Seller, Purchaser may designate any Affiliate as its nominee to receive title to the Property, or assign all of its right, title and interest in this Agreement to any Affiliate of Purchaser by providing written notice to Seller no later than five (5) Business Days prior to the Closing; provided, however, that (a) such Affiliate remains an Affiliate of Purchaser, (b) Purchaser shall not be released from any of its liabilities and obligations under this Agreement by reason of such designation or assignment, (c) such designation or assignment shall not be effective until Purchaser has provided Seller with a fully executed copy of such designation or assignment and assumption instrument, which shall (i) provide that Purchaser and such designee or assignee shall be jointly and severally liable for all liabilities and obligations of Purchaser under this Agreement, (ii) provide that Purchaser and its designee or assignee agree to pay any additional transfer tax as a result of such designation or assignment, (iii) include a representation and warranty in favor of Seller that all representations and warranties made by Purchaser in this Agreement are true and correct with respect to such designee or assignee as of the date of such designation or assignment, and will be true and correct as of the Closing, and (iv) otherwise be in form and substance satisfactory to Seller and (d) such Assignee is approved by Manager as an assignee of the Management Agreement under Article X of the Management Agreement. For purposes of this Section 16.4, “Affiliate” shall include any direct or indirect member or shareholder of the Person in question, in addition to any Person that would be deemed an Affiliate pursuant to the definition of “Affiliate” under Section 1.1 hereof and not by way of limitation of such definition.

Security Exchange Commission - Edgar Database,  EX-10.8 3 dex108.htm PURCHASE AND SALE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1490985/000119312510160407/dex108.htm >.

Sample 3 – Share Purchase Agreement

Assignment . Neither this Agreement nor any right or obligation hereunder may be assigned by any Party without the prior written consent of the other Parties, and any attempted assignment without the required consents shall be void.

Security Exchange Commission - Edgar Database,  EX-4.12 3 dex412.htm SHARE PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1329394/000119312507148404/dex412.htm >.

Sample 4 – Asset Purchase Agreement

Assignment . This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, at any time after the Closing, are freely assignable by Buyer. This Agreement and any of the rights, interests, or obligations incurred hereunder, in part or as a whole, are assignable by Seller only upon the prior written consent of Buyer, which consent shall not be unreasonably withheld. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.

Security Exchange Commission - Edgar Database,  EX-2.1 2 dex21.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1428669/000119312510013625/dex21.htm >.

Sample 5 – Asset Purchase Agreement

Assignment; Binding Effect; Severability

This Agreement may not be assigned by any party hereto without the other party’s written consent; provided, that Buyer may transfer or assign in whole or in part to one or more Buyer Designee its right to purchase all or a portion of the Purchased Assets, but no such transfer or assignment will relieve Buyer of its obligations hereunder. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors, legal representatives and permitted assigns of each party hereto. The provisions of this Agreement are severable, and in the event that any one or more provisions are deemed illegal or unenforceable the remaining provisions shall remain in full force and effect unless the deletion of such provision shall cause this Agreement to become materially adverse to either party, in which event the parties shall use reasonable commercial efforts to arrive at an accommodation that best preserves for the parties the benefits and obligations of the offending provision.

Security Exchange Commission - Edgar Database,  EX-2.4 2 dex24.htm ASSET PURCHASE AGREEMENT , Viewed May 10, 2021, < https://www.sec.gov/Archives/edgar/data/1002047/000119312511171858/dex24.htm >.

Common Contracts with Assignment Clauses

Common contracts with assignment clauses include:

• Real estate contracts
• Sales contract
• Asset purchase agreement
• Purchase and sale agreement
• Bill of sale
• Assignment and transaction financing agreement

Assignment Clause FAQs

Assignment clauses are powerful when used correctly. Check out the assignment clause FAQs below to learn more:

What is an assignment clause in real estate?

Assignment clauses in real estate transfer legal obligations from one owner to another party. They also allow house flippers to engage in a contract negotiation with a seller and then assign the real estate to the buyer while collecting a fee for their services. Real estate lawyers assist in the drafting of assignment clauses in real estate transactions.

What does no assignment clause mean?

No assignment clauses prohibit the transfer or assignment of contract obligations from one part to another.

What’s the purpose of the transfer and assignment clause in the purchase agreement?

The purpose of the transfer and assignment clause in the purchase agreement is to protect all involved parties’ rights and ensure that assignments are not to be unreasonably withheld. Contract lawyers can help you avoid legal mistakes when drafting your business contracts’ transfer and assignment clauses.

Nicholas M.

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Understanding Assignments

What this handout is about.

The first step in any successful college writing venture is reading the assignment. While this sounds like a simple task, it can be a tough one. This handout will help you unravel your assignment and begin to craft an effective response. Much of the following advice will involve translating typical assignment terms and practices into meaningful clues to the type of writing your instructor expects. See our short video for more tips.

Basic beginnings

Regardless of the assignment, department, or instructor, adopting these two habits will serve you well :

• Read the assignment carefully as soon as you receive it. Do not put this task off—reading the assignment at the beginning will save you time, stress, and problems later. An assignment can look pretty straightforward at first, particularly if the instructor has provided lots of information. That does not mean it will not take time and effort to complete; you may even have to learn a new skill to complete the assignment.
• Ask the instructor about anything you do not understand. Do not hesitate to approach your instructor. Instructors would prefer to set you straight before you hand the paper in. That’s also when you will find their feedback most useful.

Assignment formats

Many assignments follow a basic format. Assignments often begin with an overview of the topic, include a central verb or verbs that describe the task, and offer some additional suggestions, questions, or prompts to get you started.

An Overview of Some Kind

The instructor might set the stage with some general discussion of the subject of the assignment, introduce the topic, or remind you of something pertinent that you have discussed in class. For example:

“Throughout history, gerbils have played a key role in politics,” or “In the last few weeks of class, we have focused on the evening wear of the housefly …”

The Task of the Assignment

Pay attention; this part tells you what to do when you write the paper. Look for the key verb or verbs in the sentence. Words like analyze, summarize, or compare direct you to think about your topic in a certain way. Also pay attention to words such as how, what, when, where, and why; these words guide your attention toward specific information. (See the section in this handout titled “Key Terms” for more information.)

“Analyze the effect that gerbils had on the Russian Revolution”, or “Suggest an interpretation of housefly undergarments that differs from Darwin’s.”

Additional Material to Think about

Here you will find some questions to use as springboards as you begin to think about the topic. Instructors usually include these questions as suggestions rather than requirements. Do not feel compelled to answer every question unless the instructor asks you to do so. Pay attention to the order of the questions. Sometimes they suggest the thinking process your instructor imagines you will need to follow to begin thinking about the topic.

“You may wish to consider the differing views held by Communist gerbils vs. Monarchist gerbils, or Can there be such a thing as ‘the housefly garment industry’ or is it just a home-based craft?”

These are the instructor’s comments about writing expectations:

“Be concise”, “Write effectively”, or “Argue furiously.”

Technical Details

These instructions usually indicate format rules or guidelines.

“Your paper must be typed in Palatino font on gray paper and must not exceed 600 pages. It is due on the anniversary of Mao Tse-tung’s death.”

The assignment’s parts may not appear in exactly this order, and each part may be very long or really short. Nonetheless, being aware of this standard pattern can help you understand what your instructor wants you to do.

Interpreting the assignment

Ask yourself a few basic questions as you read and jot down the answers on the assignment sheet:

Why did your instructor ask you to do this particular task?

Who is your audience.

• What kind of evidence do you need to support your ideas?

What kind of writing style is acceptable?

• What are the absolute rules of the paper?

Try to look at the question from the point of view of the instructor. Recognize that your instructor has a reason for giving you this assignment and for giving it to you at a particular point in the semester. In every assignment, the instructor has a challenge for you. This challenge could be anything from demonstrating an ability to think clearly to demonstrating an ability to use the library. See the assignment not as a vague suggestion of what to do but as an opportunity to show that you can handle the course material as directed. Paper assignments give you more than a topic to discuss—they ask you to do something with the topic. Keep reminding yourself of that. Be careful to avoid the other extreme as well: do not read more into the assignment than what is there.

Of course, your instructor has given you an assignment so that he or she will be able to assess your understanding of the course material and give you an appropriate grade. But there is more to it than that. Your instructor has tried to design a learning experience of some kind. Your instructor wants you to think about something in a particular way for a particular reason. If you read the course description at the beginning of your syllabus, review the assigned readings, and consider the assignment itself, you may begin to see the plan, purpose, or approach to the subject matter that your instructor has created for you. If you still aren’t sure of the assignment’s goals, try asking the instructor. For help with this, see our handout on getting feedback .

Given your instructor’s efforts, it helps to answer the question: What is my purpose in completing this assignment? Is it to gather research from a variety of outside sources and present a coherent picture? Is it to take material I have been learning in class and apply it to a new situation? Is it to prove a point one way or another? Key words from the assignment can help you figure this out. Look for key terms in the form of active verbs that tell you what to do.

Key Terms: Finding Those Active Verbs

Here are some common key words and definitions to help you think about assignment terms:

Information words Ask you to demonstrate what you know about the subject, such as who, what, when, where, how, and why.

• define —give the subject’s meaning (according to someone or something). Sometimes you have to give more than one view on the subject’s meaning
• describe —provide details about the subject by answering question words (such as who, what, when, where, how, and why); you might also give details related to the five senses (what you see, hear, feel, taste, and smell)
• explain —give reasons why or examples of how something happened
• illustrate —give descriptive examples of the subject and show how each is connected with the subject
• summarize —briefly list the important ideas you learned about the subject
• trace —outline how something has changed or developed from an earlier time to its current form
• research —gather material from outside sources about the subject, often with the implication or requirement that you will analyze what you have found

Relation words Ask you to demonstrate how things are connected.

• compare —show how two or more things are similar (and, sometimes, different)
• contrast —show how two or more things are dissimilar
• apply—use details that you’ve been given to demonstrate how an idea, theory, or concept works in a particular situation
• cause —show how one event or series of events made something else happen
• relate —show or describe the connections between things

Interpretation words Ask you to defend ideas of your own about the subject. Do not see these words as requesting opinion alone (unless the assignment specifically says so), but as requiring opinion that is supported by concrete evidence. Remember examples, principles, definitions, or concepts from class or research and use them in your interpretation.

• assess —summarize your opinion of the subject and measure it against something
• prove, justify —give reasons or examples to demonstrate how or why something is the truth
• evaluate, respond —state your opinion of the subject as good, bad, or some combination of the two, with examples and reasons
• support —give reasons or evidence for something you believe (be sure to state clearly what it is that you believe)
• synthesize —put two or more things together that have not been put together in class or in your readings before; do not just summarize one and then the other and say that they are similar or different—you must provide a reason for putting them together that runs all the way through the paper
• analyze —determine how individual parts create or relate to the whole, figure out how something works, what it might mean, or why it is important
• argue —take a side and defend it with evidence against the other side

More Clues to Your Purpose As you read the assignment, think about what the teacher does in class:

• What kinds of textbooks or coursepack did your instructor choose for the course—ones that provide background information, explain theories or perspectives, or argue a point of view?
• In lecture, does your instructor ask your opinion, try to prove her point of view, or use keywords that show up again in the assignment?
• What kinds of assignments are typical in this discipline? Social science classes often expect more research. Humanities classes thrive on interpretation and analysis.
• How do the assignments, readings, and lectures work together in the course? Instructors spend time designing courses, sometimes even arguing with their peers about the most effective course materials. Figuring out the overall design to the course will help you understand what each assignment is meant to achieve.

Now, what about your reader? Most undergraduates think of their audience as the instructor. True, your instructor is a good person to keep in mind as you write. But for the purposes of a good paper, think of your audience as someone like your roommate: smart enough to understand a clear, logical argument, but not someone who already knows exactly what is going on in your particular paper. Remember, even if the instructor knows everything there is to know about your paper topic, he or she still has to read your paper and assess your understanding. In other words, teach the material to your reader.

Aiming a paper at your audience happens in two ways: you make decisions about the tone and the level of information you want to convey.

• Tone means the “voice” of your paper. Should you be chatty, formal, or objective? Usually you will find some happy medium—you do not want to alienate your reader by sounding condescending or superior, but you do not want to, um, like, totally wig on the man, you know? Eschew ostentatious erudition: some students think the way to sound academic is to use big words. Be careful—you can sound ridiculous, especially if you use the wrong big words.
• The level of information you use depends on who you think your audience is. If you imagine your audience as your instructor and she already knows everything you have to say, you may find yourself leaving out key information that can cause your argument to be unconvincing and illogical. But you do not have to explain every single word or issue. If you are telling your roommate what happened on your favorite science fiction TV show last night, you do not say, “First a dark-haired white man of average height, wearing a suit and carrying a flashlight, walked into the room. Then a purple alien with fifteen arms and at least three eyes turned around. Then the man smiled slightly. In the background, you could hear a clock ticking. The room was fairly dark and had at least two windows that I saw.” You also do not say, “This guy found some aliens. The end.” Find some balance of useful details that support your main point.

You’ll find a much more detailed discussion of these concepts in our handout on audience .

The Grim Truth

With a few exceptions (including some lab and ethnography reports), you are probably being asked to make an argument. You must convince your audience. It is easy to forget this aim when you are researching and writing; as you become involved in your subject matter, you may become enmeshed in the details and focus on learning or simply telling the information you have found. You need to do more than just repeat what you have read. Your writing should have a point, and you should be able to say it in a sentence. Sometimes instructors call this sentence a “thesis” or a “claim.”

So, if your instructor tells you to write about some aspect of oral hygiene, you do not want to just list: “First, you brush your teeth with a soft brush and some peanut butter. Then, you floss with unwaxed, bologna-flavored string. Finally, gargle with bourbon.” Instead, you could say, “Of all the oral cleaning methods, sandblasting removes the most plaque. Therefore it should be recommended by the American Dental Association.” Or, “From an aesthetic perspective, moldy teeth can be quite charming. However, their joys are short-lived.”

Convincing the reader of your argument is the goal of academic writing. It doesn’t have to say “argument” anywhere in the assignment for you to need one. Look at the assignment and think about what kind of argument you could make about it instead of just seeing it as a checklist of information you have to present. For help with understanding the role of argument in academic writing, see our handout on argument .

What kind of evidence do you need?

There are many kinds of evidence, and what type of evidence will work for your assignment can depend on several factors–the discipline, the parameters of the assignment, and your instructor’s preference. Should you use statistics? Historical examples? Do you need to conduct your own experiment? Can you rely on personal experience? See our handout on evidence for suggestions on how to use evidence appropriately.

Make sure you are clear about this part of the assignment, because your use of evidence will be crucial in writing a successful paper. You are not just learning how to argue; you are learning how to argue with specific types of materials and ideas. Ask your instructor what counts as acceptable evidence. You can also ask a librarian for help. No matter what kind of evidence you use, be sure to cite it correctly—see the UNC Libraries citation tutorial .

You cannot always tell from the assignment just what sort of writing style your instructor expects. The instructor may be really laid back in class but still expect you to sound formal in writing. Or the instructor may be fairly formal in class and ask you to write a reflection paper where you need to use “I” and speak from your own experience.

Try to avoid false associations of a particular field with a style (“art historians like wacky creativity,” or “political scientists are boring and just give facts”) and look instead to the types of readings you have been given in class. No one expects you to write like Plato—just use the readings as a guide for what is standard or preferable to your instructor. When in doubt, ask your instructor about the level of formality she or he expects.

No matter what field you are writing for or what facts you are including, if you do not write so that your reader can understand your main idea, you have wasted your time. So make clarity your main goal. For specific help with style, see our handout on style .

Technical details about the assignment

The technical information you are given in an assignment always seems like the easy part. This section can actually give you lots of little hints about approaching the task. Find out if elements such as page length and citation format (see the UNC Libraries citation tutorial ) are negotiable. Some professors do not have strong preferences as long as you are consistent and fully answer the assignment. Some professors are very specific and will deduct big points for deviations.

Usually, the page length tells you something important: The instructor thinks the size of the paper is appropriate to the assignment’s parameters. In plain English, your instructor is telling you how many pages it should take for you to answer the question as fully as you are expected to. So if an assignment is two pages long, you cannot pad your paper with examples or reword your main idea several times. Hit your one point early, defend it with the clearest example, and finish quickly. If an assignment is ten pages long, you can be more complex in your main points and examples—and if you can only produce five pages for that assignment, you need to see someone for help—as soon as possible.

Tricks that don’t work

Your instructors are not fooled when you:

• spend more time on the cover page than the essay —graphics, cool binders, and cute titles are no replacement for a well-written paper.
• use huge fonts, wide margins, or extra spacing to pad the page length —these tricks are immediately obvious to the eye. Most instructors use the same word processor you do. They know what’s possible. Such tactics are especially damning when the instructor has a stack of 60 papers to grade and yours is the only one that low-flying airplane pilots could read.
• use a paper from another class that covered “sort of similar” material . Again, the instructor has a particular task for you to fulfill in the assignment that usually relates to course material and lectures. Your other paper may not cover this material, and turning in the same paper for more than one course may constitute an Honor Code violation . Ask the instructor—it can’t hurt.
• get all wacky and “creative” before you answer the question . Showing that you are able to think beyond the boundaries of a simple assignment can be good, but you must do what the assignment calls for first. Again, check with your instructor. A humorous tone can be refreshing for someone grading a stack of papers, but it will not get you a good grade if you have not fulfilled the task.

Critical reading of assignments leads to skills in other types of reading and writing. If you get good at figuring out what the real goals of assignments are, you are going to be better at understanding the goals of all of your classes and fields of study.

You may reproduce it for non-commercial use if you use the entire handout and attribute the source: The Writing Center, University of North Carolina at Chapel Hill

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What Is Early Case Assessment?

by Giulianno Lopez

Reading Time — 6 minutes

March 1, 2022

Without a way to reduce massive data volumes during the  ediscovery process , legal teams can see workflows and costs quickly spiral out of control. However, early case assessment ( ECA ) through the use of  ediscovery software solutions  can provide a “preliminary walk-through” of  electronically stored information  (ESI).

ECA can play a critical role in decreasing data volumes to allow legal professionals to focus on the relevant information at hand and in controlling costs to assuage concerns about surpassing their budgets. By conducting a comprehensive evaluation at the onset, legal teams can adequately assess the financial impact and legal liability of taking on a potential case, which inevitably helps control and reduce costs.

Depending on whom you ask, the answer to this question may vary. Early case assessment can mean a variety of different things to a legal professional since each organization may assess a case differently due to specific variables unique to an organization. But in the broadest terms, ECA is a process used to investigate and quickly review ESI, paper documents, and other evidence in the early stages of a potential legal matter.

Once the data is collected, it is used to evaluate risk and guide case strategy. With ECA, it is much easier for legal teams to determine whether or not to pursue an early settlement, go to trial, or attempt to adjust the scope of ediscovery to make it less costly and burdensome for the parties.

ECA helps legal professionals answer critical questions like:

What are the estimated ediscovery costs?

What is the legal liability?

How much data is there? How much data can defensibly be culled?

How much data requires actual human review?

Who are the significant custodians?

Where does the data reside?

What file types does the data include?

However, ECA is much more than just examining potentially relevant evidence. It is a comprehensive assessment of legal liability and potential costs at the beginning of a case, which helps organizations feel more confident about their ultimate decision.

Benefits of Early Case Assessment in Ediscovery

The overall benefit of ECA is that it allows you to gather knowledge about your case early on so you’ll be better positioned to make strategic decisions about the case. But the traditional approach to ECA has involved legal teams collecting and reviewing ESI in large sets, without preliminary analysis to determine the potential scope, relevance, or key relationships between their data. The inefficiency of this method costs time and money for legal teams who not only have to sort through duplicative and irrelevant data, but also may miss key early insights that could otherwise provide strategic advantages. In contrast, teams that transition from traditional ECA methods to modern ediscovery technology benefit from the ability to assess critical information about a legal matter at the onset. As a result, they’re better able to uncover relevant documents, target their collection efforts, and chart a successful case strategy.  

Legal teams are battling a growing volume of data in litigation, as well as increasing numbers of claims with complexity and protraction — all while dealing with tighter budgets and the  struggle to attract and retain talent . As such, both law firms and in-house legal teams are prioritizing a balance of value and cost savings. They need the ability to get ahead of costly and time-consuming ediscovery challenges in order to determine the most effective approach to a matter. 

Getting control of ediscovery early in the process allows legal teams to efficiently cull data, help reviewers be more productive, and make sure the process is defensible. Part of getting that much-needed control means using ediscovery software for ECA to review documents from collections and uncover relevant documents that are likely responsive in the matter. Choosing the right ECA process and supporting it with the right software allows legal teams to realize ECA benefits that include:

Early risk identification and analysis.

Enhanced ability to evaluate potential end-game solutions.

Improved client satisfaction.

A reduction in settlement and resolution costs and the time it takes to come to a resolution.

Ediscovery software is critical to efficient ECA, but only if you have a grasp on the process.

What Happens During ECA?

Most attorneys can estimate the potential size of a case and how much it will cost by simply looking at basic facts. However, assigning concrete figures and data to initial forecasts requires an efficient ECA process, from conducting complex searches to creating comprehensive reports. Following are some actions to take in order to move through this process efficiently and thoroughly.

Conduct Complex Searches

Complex searches are one of the most essential components of early case assessment. Legal teams need to be able to create, run, save, share, and manage complex searches to simplify finding documents containing specific and relevant information.  ECA software  can allow teams to easily run search term reports and create precise searches to programmatically remove irrelevant content and promote it to the review stage.

Visualize Data Points

It’s one thing to have access to data, but gaining a clear understanding of what that data means is another thing entirely. Data visualization software makes the early case assessment process run more smoothly by giving legal teams a modern and visual interpretation of data points. This expedites an otherwise lengthy and tedious process, allowing legal teams to explore documents at a glance without the need to review individual documents or conduct a predetermined search.

Evaluate Search Term Reports

During early case assessment, it’s critical to see what patterns arise from the evidence during the discovery stage. With ECA technology, legal teams can run search term reports to identify documents containing specific keywords or terms that are important to a case. Everlaw’s ECA tool, for example, can run numerous metadata and content searches simultaneously and quickly find out the number of documents that hit on any searches within a given report. 

Perform Data Analytics

Data analytics can turn heaps of raw data into useful information. Legal teams use data analytics to create reports describing data volume, custodian names, date ranges, email domains, critical concepts, and other insights into large data sets. Data analysis using ECA software can help parties make informed decisions about the best course of action to take in a particular matter. 

Utilize Sampling to Analyze Data Sets

Data sampling, another way to analyze large data sets, operates on the premise that, by reviewing a representative subset of documents, accurate conclusions can be drawn regarding the entire data set. In ediscovery, this involves examining a small set of documents for relevancy to determine how many relevant documents might exist within a voluminous data set. Legal teams can program ECA technology to look for specific keywords and other identifiers to pull only what’s relevant.

Create Comprehensive Reports

Reports make it easier for legal teams to understand important figures, trends, and other information about a particular case. Cloud-based ediscovery software lets legal teams create, upload, share, and export these reports on demand when it becomes necessary to hand them over to the court or opposing counsel. They also deliver a record of ediscovery activities for post-litigation review and analysis.

Early Case Assessment Checklist

While individual approaches to early case assessment may vary, this ECA checklist of items to cover can help guide legal professionals through the process.

1. The Facts of the Case

A timeline that shows key dates aligned with the relevant facts of the case and any supporting documents.

Summaries of all key interviews and witness evaluations.

A list of likely expert witnesses who can support the case.

2. A Legal Analysis

A summary of the plaintiff’s claims as well as the defendant’s response.

The position the other side is taking, including their complaint, response, and anything that provides their perspective in their own words. 

A draft of the jury charge to discuss with the opposing attorney and judge to keep the jury on track. 

A summary of any additional legal issues that may arise, including an assessment of the likelihood of successful legal motions.

3. An Analysis of the Venue and Opposing Parties

An evaluation of the court and jury pool.

Research into past verdicts in similar cases.

An analysis of the opposing counsel and their previous trial experience.

4. A Strategy

An outline of your strategy, involving collaboration with the client.

A settlement plan and analysis to support it. 

5. An Assessment of Potential Exposure

An assessment of the client’s risk of exposure to damages and costs such as:

Attorneys’ fees.

Compensatory damages.

Statutory damages.

Punitive damages.

Offers of judgment.

6. An Assessment of Possible Outcomes

An analysis of the likelihood of favorable termination, compared with the risks of continuing the litigation — enabling the client to make informed decisions throughout each stage of the case, including the:

Pre-filing stage. 

Pleadings stage.  

Class certification stage.  

Discovery stage.  

Summary judgment stage.  

Pre-trial conference stage. 

Trial stage.

Post-trial and appellate stages.  

7. An Initial Cost Estimate

A line-item budget to help inform the litigation plan to assess whether to continue litigating after reaching various stages of the case, including:

Pre-filing.

Pleadings. 

Discovery (fact and expert), which is the most costly stage of litigation. 

Class certification (if applicable). 

Summary judgment and adjudication. 

Pre-trial conference.

Post-trial motions.

While not all of these steps will be relevant to every case, such a checklist can help you streamline the ECA process and more effectively manage litigation.

Everlaw’s Interactive ECA Solution

Everlaw’s single, unified platform for ECA and review can do the following for litigators when paired with an effective ECA process:

Control costs by narrowing the scope of review.   A U.S. State Attorney General’s Office predicts reducing spend by over 20% by leveraging Everlaw ECA.

Streamline workflows.  Everlaw makes culling efficient and accelerates document review using an integrated platform that eliminates the need to export data to other platforms.  

Reduce data volumes.  Law firms have reduced data volumes by over 70% on average using Everlaw ECA.

Rapid upload speeds.  Ingest up to 900,000 documents per hour while simultaneously checking for errors and duplicates from nearly every type of data.

Cloud connectivity.  Upload data directly from the most popular cloud applications, thanks to Everlaw’s Application Programming Interface (API), which integrates with Office 365, Dropbox, Google Drive, SharePoint, OneDrive, Google Vault, and more.

Upfront processing and imaging.  Everlaw ECA allows full interaction with documents that are processed and imaged up front, even before they’re promoted from the ECA environment to Active Review. 

Single-click promotion.  Immediately promote documents in bulk from the ECA environment to the Active Review environment.

Simple, yet powerful searches.  Easily run search term reports and create precise searches to cull documents and isolate only the information you need for your case.

Data visualization.  Access visual communication patterns to help narrow down specific dates or custodians.

Learn how Everlaw’s  ECA databases  streamline the early case assessment process and help reduce the costs associated with hosting large amounts of data. For a deep dive into ECA, download our white paper:  Getting Started with Early Case Assessment: Strategies for Performing ECA .

Giulianno Lopez is a content marketing manager and screenwriter who is passionate about research, writing, and data.

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Methodology

• What Is a Case Study? | Definition, Examples & Methods

What Is a Case Study? | Definition, Examples & Methods

Published on May 8, 2019 by Shona McCombes . Revised on November 20, 2023.

A case study is a detailed study of a specific subject, such as a person, group, place, event, organization, or phenomenon. Case studies are commonly used in social, educational, clinical, and business research.

A case study research design usually involves qualitative methods , but quantitative methods are sometimes also used. Case studies are good for describing , comparing, evaluating and understanding different aspects of a research problem .

Table of contents

When to do a case study, step 1: select a case, step 2: build a theoretical framework, step 3: collect your data, step 4: describe and analyze the case, other interesting articles.

A case study is an appropriate research design when you want to gain concrete, contextual, in-depth knowledge about a specific real-world subject. It allows you to explore the key characteristics, meanings, and implications of the case.

Case studies are often a good choice in a thesis or dissertation . They keep your project focused and manageable when you don’t have the time or resources to do large-scale research.

You might use just one complex case study where you explore a single subject in depth, or conduct multiple case studies to compare and illuminate different aspects of your research problem.

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Once you have developed your problem statement and research questions , you should be ready to choose the specific case that you want to focus on. A good case study should have the potential to:

• Provide new or unexpected insights into the subject
• Challenge or complicate existing assumptions and theories
• Propose practical courses of action to resolve a problem
• Open up new directions for future research

TipIf your research is more practical in nature and aims to simultaneously investigate an issue as you solve it, consider conducting action research instead.

Unlike quantitative or experimental research , a strong case study does not require a random or representative sample. In fact, case studies often deliberately focus on unusual, neglected, or outlying cases which may shed new light on the research problem.

Example of an outlying case studyIn the 1960s the town of Roseto, Pennsylvania was discovered to have extremely low rates of heart disease compared to the US average. It became an important case study for understanding previously neglected causes of heart disease.

However, you can also choose a more common or representative case to exemplify a particular category, experience or phenomenon.

Example of a representative case studyIn the 1920s, two sociologists used Muncie, Indiana as a case study of a typical American city that supposedly exemplified the changing culture of the US at the time.

While case studies focus more on concrete details than general theories, they should usually have some connection with theory in the field. This way the case study is not just an isolated description, but is integrated into existing knowledge about the topic. It might aim to:

• Exemplify a theory by showing how it explains the case under investigation
• Expand on a theory by uncovering new concepts and ideas that need to be incorporated
• Challenge a theory by exploring an outlier case that doesn’t fit with established assumptions

To ensure that your analysis of the case has a solid academic grounding, you should conduct a literature review of sources related to the topic and develop a theoretical framework . This means identifying key concepts and theories to guide your analysis and interpretation.

There are many different research methods you can use to collect data on your subject. Case studies tend to focus on qualitative data using methods such as interviews , observations , and analysis of primary and secondary sources (e.g., newspaper articles, photographs, official records). Sometimes a case study will also collect quantitative data.

Example of a mixed methods case studyFor a case study of a wind farm development in a rural area, you could collect quantitative data on employment rates and business revenue, collect qualitative data on local people’s perceptions and experiences, and analyze local and national media coverage of the development.

The aim is to gain as thorough an understanding as possible of the case and its context.

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In writing up the case study, you need to bring together all the relevant aspects to give as complete a picture as possible of the subject.

How you report your findings depends on the type of research you are doing. Some case studies are structured like a standard scientific paper or thesis , with separate sections or chapters for the methods , results and discussion .

Others are written in a more narrative style, aiming to explore the case from various angles and analyze its meanings and implications (for example, by using textual analysis or discourse analysis ).

In all cases, though, make sure to give contextual details about the case, connect it back to the literature and theory, and discuss how it fits into wider patterns or debates.

If you want to know more about statistics , methodology , or research bias , make sure to check out some of our other articles with explanations and examples.

• Normal distribution
• Degrees of freedom
• Null hypothesis
• Discourse analysis
• Control groups
• Mixed methods research
• Non-probability sampling
• Quantitative research
• Ecological validity

Research bias

• Rosenthal effect
• Implicit bias
• Cognitive bias
• Selection bias
• Negativity bias
• Status quo bias

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Organizing Your Social Sciences Research Assignments

• Annotated Bibliography
• Analyzing a Scholarly Journal Article
• Group Presentations
• Dealing with Nervousness
• Using Visual Aids
• Grading Someone Else's Paper
• Types of Structured Group Activities
• Group Project Survival Skills
• Leading a Class Discussion
• Multiple Book Review Essay
• Reviewing Collected Works
• Writing a Case Analysis Paper
• Writing a Case Study
• About Informed Consent
• Writing Field Notes
• Writing a Policy Memo
• Writing a Reflective Paper
• Writing a Research Proposal
• Generative AI and Writing
• Acknowledgments

Definition and Introduction

Case analysis is a problem-based teaching and learning method that involves critically analyzing complex scenarios within an organizational setting for the purpose of placing the student in a “real world” situation and applying reflection and critical thinking skills to contemplate appropriate solutions, decisions, or recommended courses of action. It is considered a more effective teaching technique than in-class role playing or simulation activities. The analytical process is often guided by questions provided by the instructor that ask students to contemplate relationships between the facts and critical incidents described in the case.

Cases generally include both descriptive and statistical elements and rely on students applying abductive reasoning to develop and argue for preferred or best outcomes [i.e., case scenarios rarely have a single correct or perfect answer based on the evidence provided]. Rather than emphasizing theories or concepts, case analysis assignments emphasize building a bridge of relevancy between abstract thinking and practical application and, by so doing, teaches the value of both within a specific area of professional practice.

Given this, the purpose of a case analysis paper is to present a structured and logically organized format for analyzing the case situation. It can be assigned to students individually or as a small group assignment and it may include an in-class presentation component. Case analysis is predominately taught in economics and business-related courses, but it is also a method of teaching and learning found in other applied social sciences disciplines, such as, social work, public relations, education, journalism, and public administration.

Ellet, William. The Case Study Handbook: A Student's Guide . Revised Edition. Boston, MA: Harvard Business School Publishing, 2018; Christoph Rasche and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Analysis . Writing Center, Baruch College; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

How to Approach Writing a Case Analysis Paper

The organization and structure of a case analysis paper can vary depending on the organizational setting, the situation, and how your professor wants you to approach the assignment. Nevertheless, preparing to write a case analysis paper involves several important steps. As Hawes notes, a case analysis assignment “...is useful in developing the ability to get to the heart of a problem, analyze it thoroughly, and to indicate the appropriate solution as well as how it should be implemented” [p.48]. This statement encapsulates how you should approach preparing to write a case analysis paper.

Before you begin to write your paper, consider the following analytical procedures:

• Review the case to get an overview of the situation . A case can be only a few pages in length, however, it is most often very lengthy and contains a significant amount of detailed background information and statistics, with multilayered descriptions of the scenario, the roles and behaviors of various stakeholder groups, and situational events. Therefore, a quick reading of the case will help you gain an overall sense of the situation and illuminate the types of issues and problems that you will need to address in your paper. If your professor has provided questions intended to help frame your analysis, use them to guide your initial reading of the case.
• Read the case thoroughly . After gaining a general overview of the case, carefully read the content again with the purpose of understanding key circumstances, events, and behaviors among stakeholder groups. Look for information or data that appears contradictory, extraneous, or misleading. At this point, you should be taking notes as you read because this will help you develop a general outline of your paper. The aim is to obtain a complete understanding of the situation so that you can begin contemplating tentative answers to any questions your professor has provided or, if they have not provided, developing answers to your own questions about the case scenario and its connection to the course readings,lectures, and class discussions.
• Determine key stakeholder groups, issues, and events and the relationships they all have to each other . As you analyze the content, pay particular attention to identifying individuals, groups, or organizations described in the case and identify evidence of any problems or issues of concern that impact the situation in a negative way. Other things to look for include identifying any assumptions being made by or about each stakeholder, potential biased explanations or actions, explicit demands or ultimatums , and the underlying concerns that motivate these behaviors among stakeholders. The goal at this stage is to develop a comprehensive understanding of the situational and behavioral dynamics of the case and the explicit and implicit consequences of each of these actions.
• Identify the core problems . The next step in most case analysis assignments is to discern what the core [i.e., most damaging, detrimental, injurious] problems are within the organizational setting and to determine their implications. The purpose at this stage of preparing to write your analysis paper is to distinguish between the symptoms of core problems and the core problems themselves and to decide which of these must be addressed immediately and which problems do not appear critical but may escalate over time. Identify evidence from the case to support your decisions by determining what information or data is essential to addressing the core problems and what information is not relevant or is misleading.
• Explore alternative solutions . As noted, case analysis scenarios rarely have only one correct answer. Therefore, it is important to keep in mind that the process of analyzing the case and diagnosing core problems, while based on evidence, is a subjective process open to various avenues of interpretation. This means that you must consider alternative solutions or courses of action by critically examining strengths and weaknesses, risk factors, and the differences between short and long-term solutions. For each possible solution or course of action, consider the consequences they may have related to their implementation and how these recommendations might lead to new problems. Also, consider thinking about your recommended solutions or courses of action in relation to issues of fairness, equity, and inclusion.
• Decide on a final set of recommendations . The last stage in preparing to write a case analysis paper is to assert an opinion or viewpoint about the recommendations needed to help resolve the core problems as you see them and to make a persuasive argument for supporting this point of view. Prepare a clear rationale for your recommendations based on examining each element of your analysis. Anticipate possible obstacles that could derail their implementation. Consider any counter-arguments that could be made concerning the validity of your recommended actions. Finally, describe a set of criteria and measurable indicators that could be applied to evaluating the effectiveness of your implementation plan.

Use these steps as the framework for writing your paper. Remember that the more detailed you are in taking notes as you critically examine each element of the case, the more information you will have to draw from when you begin to write. This will save you time.

NOTE : If the process of preparing to write a case analysis paper is assigned as a student group project, consider having each member of the group analyze a specific element of the case, including drafting answers to the corresponding questions used by your professor to frame the analysis. This will help make the analytical process more efficient and ensure that the distribution of work is equitable. This can also facilitate who is responsible for drafting each part of the final case analysis paper and, if applicable, the in-class presentation.

Framework for Case Analysis . College of Management. University of Massachusetts; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Rasche, Christoph and Achim Seisreiner. Guidelines for Business Case Analysis . University of Potsdam; Writing a Case Study Analysis . University of Arizona Global Campus Writing Center; Van Ness, Raymond K. A Guide to Case Analysis . School of Business. State University of New York, Albany; Writing a Case Analysis . Business School, University of New South Wales.

Structure and Writing Style

A case analysis paper should be detailed, concise, persuasive, clearly written, and professional in tone and in the use of language . As with other forms of college-level academic writing, declarative statements that convey information, provide a fact, or offer an explanation or any recommended courses of action should be based on evidence. If allowed by your professor, any external sources used to support your analysis, such as course readings, should be properly cited under a list of references. The organization and structure of case analysis papers can vary depending on your professor’s preferred format, but its structure generally follows the steps used for analyzing the case.

Introduction

The introduction should provide a succinct but thorough descriptive overview of the main facts, issues, and core problems of the case . The introduction should also include a brief summary of the most relevant details about the situation and organizational setting. This includes defining the theoretical framework or conceptual model on which any questions were used to frame your analysis.

Following the rules of most college-level research papers, the introduction should then inform the reader how the paper will be organized. This includes describing the major sections of the paper and the order in which they will be presented. Unless you are told to do so by your professor, you do not need to preview your final recommendations in the introduction. U nlike most college-level research papers , the introduction does not include a statement about the significance of your findings because a case analysis assignment does not involve contributing new knowledge about a research problem.

Background Analysis

Background analysis can vary depending on any guiding questions provided by your professor and the underlying concept or theory that the case is based upon. In general, however, this section of your paper should focus on:

• Providing an overarching analysis of problems identified from the case scenario, including identifying events that stakeholders find challenging or troublesome,
• Identifying assumptions made by each stakeholder and any apparent biases they may exhibit,
• Describing any demands or claims made by or forced upon key stakeholders, and
• Highlighting any issues of concern or complaints expressed by stakeholders in response to those demands or claims.

These aspects of the case are often in the form of behavioral responses expressed by individuals or groups within the organizational setting. However, note that problems in a case situation can also be reflected in data [or the lack thereof] and in the decision-making, operational, cultural, or institutional structure of the organization. Additionally, demands or claims can be either internal and external to the organization [e.g., a case analysis involving a president considering arms sales to Saudi Arabia could include managing internal demands from White House advisors as well as demands from members of Congress].

Throughout this section, present all relevant evidence from the case that supports your analysis. Do not simply claim there is a problem, an assumption, a demand, or a concern; tell the reader what part of the case informed how you identified these background elements.

Identification of Problems

In most case analysis assignments, there are problems, and then there are problems . Each problem can reflect a multitude of underlying symptoms that are detrimental to the interests of the organization. The purpose of identifying problems is to teach students how to differentiate between problems that vary in severity, impact, and relative importance. Given this, problems can be described in three general forms: those that must be addressed immediately, those that should be addressed but the impact is not severe, and those that do not require immediate attention and can be set aside for the time being.

All of the problems you identify from the case should be identified in this section of your paper, with a description based on evidence explaining the problem variances. If the assignment asks you to conduct research to further support your assessment of the problems, include this in your explanation. Remember to cite those sources in a list of references. Use specific evidence from the case and apply appropriate concepts, theories, and models discussed in class or in relevant course readings to highlight and explain the key problems [or problem] that you believe must be solved immediately and describe the underlying symptoms and why they are so critical.

Alternative Solutions

This section is where you provide specific, realistic, and evidence-based solutions to the problems you have identified and make recommendations about how to alleviate the underlying symptomatic conditions impacting the organizational setting. For each solution, you must explain why it was chosen and provide clear evidence to support your reasoning. This can include, for example, course readings and class discussions as well as research resources, such as, books, journal articles, research reports, or government documents. In some cases, your professor may encourage you to include personal, anecdotal experiences as evidence to support why you chose a particular solution or set of solutions. Using anecdotal evidence helps promote reflective thinking about the process of determining what qualifies as a core problem and relevant solution .

Throughout this part of the paper, keep in mind the entire array of problems that must be addressed and describe in detail the solutions that might be implemented to resolve these problems.

Recommended Courses of Action

In some case analysis assignments, your professor may ask you to combine the alternative solutions section with your recommended courses of action. However, it is important to know the difference between the two. A solution refers to the answer to a problem. A course of action refers to a procedure or deliberate sequence of activities adopted to proactively confront a situation, often in the context of accomplishing a goal. In this context, proposed courses of action are based on your analysis of alternative solutions. Your description and justification for pursuing each course of action should represent the overall plan for implementing your recommendations.

For each course of action, you need to explain the rationale for your recommendation in a way that confronts challenges, explains risks, and anticipates any counter-arguments from stakeholders. Do this by considering the strengths and weaknesses of each course of action framed in relation to how the action is expected to resolve the core problems presented, the possible ways the action may affect remaining problems, and how the recommended action will be perceived by each stakeholder.

In addition, you should describe the criteria needed to measure how well the implementation of these actions is working and explain which individuals or groups are responsible for ensuring your recommendations are successful. In addition, always consider the law of unintended consequences. Outline difficulties that may arise in implementing each course of action and describe how implementing the proposed courses of action [either individually or collectively] may lead to new problems [both large and small].

Throughout this section, you must consider the costs and benefits of recommending your courses of action in relation to uncertainties or missing information and the negative consequences of success.

The conclusion should be brief and introspective. Unlike a research paper, the conclusion in a case analysis paper does not include a summary of key findings and their significance, a statement about how the study contributed to existing knowledge, or indicate opportunities for future research.

Begin by synthesizing the core problems presented in the case and the relevance of your recommended solutions. This can include an explanation of what you have learned about the case in the context of your answers to the questions provided by your professor. The conclusion is also where you link what you learned from analyzing the case with the course readings or class discussions. This can further demonstrate your understanding of the relationships between the practical case situation and the theoretical and abstract content of assigned readings and other course content.

Problems to Avoid

The literature on case analysis assignments often includes examples of difficulties students have with applying methods of critical analysis and effectively reporting the results of their assessment of the situation. A common reason cited by scholars is that the application of this type of teaching and learning method is limited to applied fields of social and behavioral sciences and, as a result, writing a case analysis paper can be unfamiliar to most students entering college.

After you have drafted your paper, proofread the narrative flow and revise any of these common errors:

• Unnecessary detail in the background section . The background section should highlight the essential elements of the case based on your analysis. Focus on summarizing the facts and highlighting the key factors that become relevant in the other sections of the paper by eliminating any unnecessary information.
• Analysis relies too much on opinion . Your analysis is interpretive, but the narrative must be connected clearly to evidence from the case and any models and theories discussed in class or in course readings. Any positions or arguments you make should be supported by evidence.
• Analysis does not focus on the most important elements of the case . Your paper should provide a thorough overview of the case. However, the analysis should focus on providing evidence about what you identify are the key events, stakeholders, issues, and problems. Emphasize what you identify as the most critical aspects of the case to be developed throughout your analysis. Be thorough but succinct.
• Writing is too descriptive . A paper with too much descriptive information detracts from your analysis of the complexities of the case situation. Questions about what happened, where, when, and by whom should only be included as essential information leading to your examination of questions related to why, how, and for what purpose.
• Inadequate definition of a core problem and associated symptoms . A common error found in case analysis papers is recommending a solution or course of action without adequately defining or demonstrating that you understand the problem. Make sure you have clearly described the problem and its impact and scope within the organizational setting. Ensure that you have adequately described the root causes w hen describing the symptoms of the problem.
• Recommendations lack specificity . Identify any use of vague statements and indeterminate terminology, such as, “A particular experience” or “a large increase to the budget.” These statements cannot be measured and, as a result, there is no way to evaluate their successful implementation. Provide specific data and use direct language in describing recommended actions.
• Unrealistic, exaggerated, or unattainable recommendations . Review your recommendations to ensure that they are based on the situational facts of the case. Your recommended solutions and courses of action must be based on realistic assumptions and fit within the constraints of the situation. Also note that the case scenario has already happened, therefore, any speculation or arguments about what could have occurred if the circumstances were different should be revised or eliminated.

Bee, Lian Song et al. "Business Students' Perspectives on Case Method Coaching for Problem-Based Learning: Impacts on Student Engagement and Learning Performance in Higher Education." Education & Training 64 (2022): 416-432; The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Georgallis, Panikos and Kayleigh Bruijn. "Sustainability Teaching using Case-Based Debates." Journal of International Education in Business 15 (2022): 147-163; Hawes, Jon M. "Teaching is Not Telling: The Case Method as a Form of Interactive Learning." Journal for Advancement of Marketing Education 5 (Winter 2004): 47-54; Georgallis, Panikos, and Kayleigh Bruijn. "Sustainability Teaching Using Case-based Debates." Journal of International Education in Business 15 (2022): 147-163; .Dean,  Kathy Lund and Charles J. Fornaciari. "How to Create and Use Experiential Case-Based Exercises in a Management Classroom." Journal of Management Education 26 (October 2002): 586-603; Klebba, Joanne M. and Janet G. Hamilton. "Structured Case Analysis: Developing Critical Thinking Skills in a Marketing Case Course." Journal of Marketing Education 29 (August 2007): 132-137, 139; Klein, Norman. "The Case Discussion Method Revisited: Some Questions about Student Skills." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 30-32; Mukherjee, Arup. "Effective Use of In-Class Mini Case Analysis for Discovery Learning in an Undergraduate MIS Course." The Journal of Computer Information Systems 40 (Spring 2000): 15-23; Pessoa, Silviaet al. "Scaffolding the Case Analysis in an Organizational Behavior Course: Making Analytical Language Explicit." Journal of Management Education 46 (2022): 226-251: Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Schweitzer, Karen. "How to Write and Format a Business Case Study." ThoughtCo. https://www.thoughtco.com/how-to-write-and-format-a-business-case-study-466324 (accessed December 5, 2022); Reddy, C. D. "Teaching Research Methodology: Everything's a Case." Electronic Journal of Business Research Methods 18 (December 2020): 178-188; Volpe, Guglielmo. "Case Teaching in Economics: History, Practice and Evidence." Cogent Economics and Finance 3 (December 2015). doi:https://doi.org/10.1080/23322039.2015.1120977.

Writing Tip

Ca se Study and Case Analysis Are Not the Same!

Confusion often exists between what it means to write a paper that uses a case study research design and writing a paper that analyzes a case; they are two different types of approaches to learning in the social and behavioral sciences. Professors as well as educational researchers contribute to this confusion because they often use the term "case study" when describing the subject of analysis for a case analysis paper. But you are not studying a case for the purpose of generating a comprehensive, multi-faceted understanding of a research problem. R ather, you are critically analyzing a specific scenario to argue logically for recommended solutions and courses of action that lead to optimal outcomes applicable to professional practice.

To avoid any confusion, here are twelve characteristics that delineate the differences between writing a paper using the case study research method and writing a case analysis paper:

• Case study is a method of in-depth research and rigorous inquiry ; case analysis is a reliable method of teaching and learning . A case study is a modality of research that investigates a phenomenon for the purpose of creating new knowledge, solving a problem, or testing a hypothesis using empirical evidence derived from the case being studied. Often, the results are used to generalize about a larger population or within a wider context. The writing adheres to the traditional standards of a scholarly research study. A case analysis is a pedagogical tool used to teach students how to reflect and think critically about a practical, real-life problem in an organizational setting.
• The researcher is responsible for identifying the case to study; a case analysis is assigned by your professor . As the researcher, you choose the case study to investigate in support of obtaining new knowledge and understanding about the research problem. The case in a case analysis assignment is almost always provided, and sometimes written, by your professor and either given to every student in class to analyze individually or to a small group of students, or students select a case to analyze from a predetermined list.
• A case study is indeterminate and boundless; a case analysis is predetermined and confined . A case study can be almost anything [see item 9 below] as long as it relates directly to examining the research problem. This relationship is the only limit to what a researcher can choose as the subject of their case study. The content of a case analysis is determined by your professor and its parameters are well-defined and limited to elucidating insights of practical value applied to practice.
• Case study is fact-based and describes actual events or situations; case analysis can be entirely fictional or adapted from an actual situation . The entire content of a case study must be grounded in reality to be a valid subject of investigation in an empirical research study. A case analysis only needs to set the stage for critically examining a situation in practice and, therefore, can be entirely fictional or adapted, all or in-part, from an actual situation.
• Research using a case study method must adhere to principles of intellectual honesty and academic integrity; a case analysis scenario can include misleading or false information . A case study paper must report research objectively and factually to ensure that any findings are understood to be logically correct and trustworthy. A case analysis scenario may include misleading or false information intended to deliberately distract from the central issues of the case. The purpose is to teach students how to sort through conflicting or useless information in order to come up with the preferred solution. Any use of misleading or false information in academic research is considered unethical.
• Case study is linked to a research problem; case analysis is linked to a practical situation or scenario . In the social sciences, the subject of an investigation is most often framed as a problem that must be researched in order to generate new knowledge leading to a solution. Case analysis narratives are grounded in real life scenarios for the purpose of examining the realities of decision-making behavior and processes within organizational settings. A case analysis assignments include a problem or set of problems to be analyzed. However, the goal is centered around the act of identifying and evaluating courses of action leading to best possible outcomes.
• The purpose of a case study is to create new knowledge through research; the purpose of a case analysis is to teach new understanding . Case studies are a choice of methodological design intended to create new knowledge about resolving a research problem. A case analysis is a mode of teaching and learning intended to create new understanding and an awareness of uncertainty applied to practice through acts of critical thinking and reflection.
• A case study seeks to identify the best possible solution to a research problem; case analysis can have an indeterminate set of solutions or outcomes . Your role in studying a case is to discover the most logical, evidence-based ways to address a research problem. A case analysis assignment rarely has a single correct answer because one of the goals is to force students to confront the real life dynamics of uncertainly, ambiguity, and missing or conflicting information within professional practice. Under these conditions, a perfect outcome or solution almost never exists.
• Case study is unbounded and relies on gathering external information; case analysis is a self-contained subject of analysis . The scope of a case study chosen as a method of research is bounded. However, the researcher is free to gather whatever information and data is necessary to investigate its relevance to understanding the research problem. For a case analysis assignment, your professor will often ask you to examine solutions or recommended courses of action based solely on facts and information from the case.
• Case study can be a person, place, object, issue, event, condition, or phenomenon; a case analysis is a carefully constructed synopsis of events, situations, and behaviors . The research problem dictates the type of case being studied and, therefore, the design can encompass almost anything tangible as long as it fulfills the objective of generating new knowledge and understanding. A case analysis is in the form of a narrative containing descriptions of facts, situations, processes, rules, and behaviors within a particular setting and under a specific set of circumstances.
• Case study can represent an open-ended subject of inquiry; a case analysis is a narrative about something that has happened in the past . A case study is not restricted by time and can encompass an event or issue with no temporal limit or end. For example, the current war in Ukraine can be used as a case study of how medical personnel help civilians during a large military conflict, even though circumstances around this event are still evolving. A case analysis can be used to elicit critical thinking about current or future situations in practice, but the case itself is a narrative about something finite and that has taken place in the past.
• Multiple case studies can be used in a research study; case analysis involves examining a single scenario . Case study research can use two or more cases to examine a problem, often for the purpose of conducting a comparative investigation intended to discover hidden relationships, document emerging trends, or determine variations among different examples. A case analysis assignment typically describes a stand-alone, self-contained situation and any comparisons among cases are conducted during in-class discussions and/or student presentations.

The Case Analysis . Fred Meijer Center for Writing and Michigan Authors. Grand Valley State University; Mills, Albert J. , Gabrielle Durepos, and Eiden Wiebe, editors. Encyclopedia of Case Study Research . Thousand Oaks, CA: SAGE Publications, 2010; Ramsey, V. J. and L. D. Dodge. "Case Analysis: A Structured Approach." Exchange: The Organizational Behavior Teaching Journal 6 (November 1981): 27-29; Yin, Robert K. Case Study Research and Applications: Design and Methods . 6th edition. Thousand Oaks, CA: Sage, 2017; Crowe, Sarah et al. “The Case Study Approach.” BMC Medical Research Methodology 11 (2011):  doi: 10.1186/1471-2288-11-100; Yin, Robert K. Case Study Research: Design and Methods . 4th edition. Thousand Oaks, CA: Sage Publishing; 1994.

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Orioles’ Means allows 7 runs in 1st rehab assignment for Norfolk

Orioles starting pitcher John Means allowed seven runs on six hits in one-plus inning in his first rehab assignment for Triple-A Norfolk.

Means started four times last September after recovering from April 2022 Tommy John surgery. The Orioles had hoped he’d start during the American League Division Series against the Texas Rangers in October.

However, Means was not put on the active roster, and the Orioles decided he should  rest his elbow in the offseason. He didn’t pitch in any Grapefruit League games.

Means threw 32 pitches against Durham, walking one and striking out two.

His rehab assignment may last up to 30 days.

• Ravens expected to still be among NFL’s best despite free-agent exodus
• John Harbaugh, Lamar Jackson brainstorming to improve Ravens’ offense

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Orioles starter John Means to begin rehab assignment in Triple-A on Sunday

T he first John Means Day of the year is Sunday, but it will come in Triple-A Norfolk as the veteran left-hander begins his minor league rehabilitation assignment.

The Norfolk Tides announced that Means will take the ball Sunday against the Durham Bulls, the Tampa Bay Rays’ affiliate. The start will be the first time Means, the Orioles’ No. 1 starter during the rebuild, will pitch in a game since September, and it will start his clock to potentially make his return to Baltimore.

Minor league rehabilitation assignments cannot extend past 30 days unless the player is reinjured. If the assignment takes the full 30 days and Means remains healthy, he would be back with the Orioles on April 30.

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Manager Brandon Hyde said before Saturday’s game against the Los Angeles Angels that Means will pitch a couple innings and it is the beginning of his “build up process.” Hyde said the length of Means’ assignment will be “close to 30 days.”

A late April return falls in line with the original plan for Means after he began his offseason throwing progression a month late to fully recover from his elbow flare-up before the American League Division Series. The Orioles entered spring training hoping he could return in April. Means didn’t appear in a Grapefruit League game during spring training.

Means was an All-Star in 2019 and was equally as good in 2021 with a 3.62 ERA and 134 strikeouts in 146 2/3 innings for the 110-loss Orioles. He was the club’s opening day starter in 2022 but tore the ulnar collateral ligament in his elbow and underwent Tommy John elbow reconstruction in late April 2022. His recovery took about 18 months — the longer-end of the typical timeline — and the 30-year-old returned in September. He was instantly one of the Orioles’ best starting pitchers, posting a 2.66 ERA in four starts and taking a no-hitter into the seventh inning against the Cleveland Guardians.

It’s unclear how the rotation will sort out upon his return, although the likeliest scenario, assuming everyone remains healthy, is that left-hander Cole Irvin would be moved to the bullpen.

Around the horn

• Right-handers Kyle Bradish and Félix Bautista packed their bags in the clubhouse Saturday to head to the team’s facility in Sarasota, Florida, to continue their recoveries. Bradish (UCL sprain) is expected back “early in the first half of the season,” general manager Mike Elias said at the end of spring training, while Bautista (Tommy John reconstruction) will miss the entire 2024 season after tearing his UCL in August.

• Right-hander Jacob Webb was reinstated from the paternity list Saturday after the reliever missed opening day for the birth of his daughter. Left-hander Nick Vespi, who experienced his first MLB opening day in Webb’s stead, was optioned to Triple-A, although the option will not count as one of the five times Vespi can be optioned in 2024. Webb’s daughter, Hudson, was born Wednesday night in Marietta, Georgia, at 6 pounds, 15 ounces and 19 1/2 inches tall. Webb couldn’t get a flight home until Thursday morning, but “it was awesome to just be able to hold her,” he said. Will she be a righty or a lefty? “She was swinging her left hand quite a bit, so hopefully left-handed,” he said with a chuckle.

• The Tides opened their 2024 season Friday at home against the Bulls in hopes of defending their International League title and Triple-A national championship. The top of the lineup was filled with prospects from the Orioles’ top-ranked farm system, and the Tides got off to a fitting start with a 12-8 win . Prospects Jackson Holliday, Connor Norby, Coby Mayo, Heston Kjerstad and Kyle Stowers combined to go 12-for-25 at the plate with a home run, three doubles and nine RBIs. The long ball came off Holliday’s bat to lead off the bottom of the first, and, naturally, it came off a left-handed pitcher. Elias used the 20-year-old top prospect’s lack of experience and success off high-quality left-handed pitching as a reason to have him begin the year in the minor leagues while saying the youngster’s service time wasn’t a factor. Holliday went 3-for-5 with four RBIs and was a triple away from the cycle.

• The Orioles on Friday placed 11 minor league players on the 60-day injured list: Double-A Bowie right-handers Tyler Burch and Peter Van Loon; High-A Aberdeen right-handers Cooper Chandler and Daniel Lloyd and IronBirds infielder Luis Valdez; Low-A Delmarva infielder Maikol Hernández and right-hander Pablo Falconett; Florida Complex League right-hander Pedro Figueroa; and Dominican Summer League right-handers Anthony Morillo and Yonatan Pineda and outfielder Raylin Ramos. The domestic players on the 60-day IL do not count against the Orioles’ total number of minor leaguers, which cannot exceed 165 — down across MLB from 180 last year.

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• The Case for Marrying an Older Man

A woman’s life is all work and little rest. An age gap relationship can help.

In the summer, in the south of France, my husband and I like to play, rather badly, the lottery. We take long, scorching walks to the village — gratuitous beauty, gratuitous heat — kicking up dust and languid debates over how we’d spend such an influx. I purchase scratch-offs, jackpot tickets, scraping the former with euro coins in restaurants too fine for that. I never cash them in, nor do I check the winning numbers. For I already won something like the lotto, with its gifts and its curses, when he married me.

He is ten years older than I am. I chose him on purpose, not by chance. As far as life decisions go, on balance, I recommend it.

When I was 20 and a junior at Harvard College, a series of great ironies began to mock me. I could study all I wanted, prove myself as exceptional as I liked, and still my fiercest advantage remained so universal it deflated my other plans. My youth. The newness of my face and body. Compellingly effortless; cruelly fleeting. I shared it with the average, idle young woman shrugging down the street. The thought, when it descended on me, jolted my perspective, the way a falling leaf can make you look up: I could diligently craft an ideal existence, over years and years of sleepless nights and industry. Or I could just marry it early.

So naturally I began to lug a heavy suitcase of books each Saturday to the Harvard Business School to work on my Nabokov paper. In one cavernous, well-appointed room sat approximately 50 of the planet’s most suitable bachelors. I had high breasts, most of my eggs, plausible deniability when it came to purity, a flush ponytail, a pep in my step that had yet to run out. Apologies to Progress, but older men still desired those things.

I could not understand why my female classmates did not join me, given their intelligence. Each time I reconsidered the project, it struck me as more reasonable. Why ignore our youth when it amounted to a superpower? Why assume the burdens of womanhood, its too-quick-to-vanish upper hand, but not its brief benefits at least? Perhaps it came easier to avoid the topic wholesale than to accept that women really do have a tragically short window of power, and reason enough to take advantage of that fact while they can. As for me, I liked history, Victorian novels, knew of imminent female pitfalls from all the books I’d read: vampiric boyfriends; labor, at the office and in the hospital, expected simultaneously; a decline in status as we aged, like a looming eclipse. I’d have disliked being called calculating, but I had, like all women, a calculator in my head. I thought it silly to ignore its answers when they pointed to an unfairness for which we really ought to have been preparing.

I was competitive by nature, an English-literature student with all the corresponding major ambitions and minor prospects (Great American novel; email job). A little Bovarist , frantic for new places and ideas; to travel here, to travel there, to be in the room where things happened. I resented the callow boys in my class, who lusted after a particular, socially sanctioned type on campus: thin and sexless, emotionally detached and socially connected, the opposite of me. Restless one Saturday night, I slipped on a red dress and snuck into a graduate-school event, coiling an HDMI cord around my wrist as proof of some technical duty. I danced. I drank for free, until one of the organizers asked me to leave. I called and climbed into an Uber. Then I promptly climbed out of it. For there he was, emerging from the revolving doors. Brown eyes, curved lips, immaculate jacket. I went to him, asked him for a cigarette. A date, days later. A second one, where I discovered he was a person, potentially my favorite kind: funny, clear-eyed, brilliant, on intimate terms with the universe.

I used to love men like men love women — that is, not very well, and with a hunger driven only by my own inadequacies. Not him. In those early days, I spoke fondly of my family, stocked the fridge with his favorite pasta, folded his clothes more neatly than I ever have since. I wrote his mother a thank-you note for hosting me in his native France, something befitting a daughter-in-law. It worked; I meant it. After graduation and my fellowship at Oxford, I stayed in Europe for his career and married him at 23.

Of course I just fell in love. Romances have a setting; I had only intervened to place myself well. Mainly, I spotted the precise trouble of being a woman ahead of time, tried to surf it instead of letting it drown me on principle. I had grown bored of discussions of fair and unfair, equal or unequal , and preferred instead to consider a thing called ease.

The reception of a particular age-gap relationship depends on its obviousness. The greater and more visible the difference in years and status between a man and a woman, the more it strikes others as transactional. Transactional thinking in relationships is both as American as it gets and the least kosher subject in the American romantic lexicon. When a 50-year-old man and a 25-year-old woman walk down the street, the questions form themselves inside of you; they make you feel cynical and obscene: How good of a deal is that? Which party is getting the better one? Would I take it? He is older. Income rises with age, so we assume he has money, at least relative to her; at minimum, more connections and experience. She has supple skin. Energy. Sex. Maybe she gets a Birkin. Maybe he gets a baby long after his prime. The sight of their entwined hands throws a lucid light on the calculations each of us makes, in love, to varying degrees of denial. You could get married in the most romantic place in the world, like I did, and you would still have to sign a contract.

Twenty and 30 is not like 30 and 40; some freshness to my features back then, some clumsiness in my bearing, warped our decade, in the eyes of others, to an uncrossable gulf. Perhaps this explains the anger we felt directed at us at the start of our relationship. People seemed to take us very, very personally. I recall a hellish car ride with a friend of his who began to castigate me in the backseat, in tones so low that only I could hear him. He told me, You wanted a rich boyfriend. You chased and snuck into parties . He spared me the insult of gold digger, but he drew, with other words, the outline for it. Most offended were the single older women, my husband’s classmates. They discussed me in the bathroom at parties when I was in the stall. What does he see in her? What do they talk about? They were concerned about me. They wielded their concern like a bludgeon. They paraphrased without meaning to my favorite line from Nabokov’s Lolita : “You took advantage of my disadvantage,” suspecting me of some weakness he in turn mined. It did not disturb them, so much, to consider that all relationships were trades. The trouble was the trade I’d made struck them as a bad one.

The truth is you can fall in love with someone for all sorts of reasons, tiny transactions, pluses and minuses, whose sum is your affection for each other, your loyalty, your commitment. The way someone picks up your favorite croissant. Their habit of listening hard. What they do for you on your anniversary and your reciprocal gesture, wrapped thoughtfully. The serenity they inspire; your happiness, enlivening it. When someone says they feel unappreciated, what they really mean is you’re in debt to them.

When I think of same-age, same-stage relationships, what I tend to picture is a woman who is doing too much for too little.

I’m 27 now, and most women my age have “partners.” These days, girls become partners quite young. A partner is supposed to be a modern answer to the oppression of marriage, the terrible feeling of someone looming over you, head of a household to which you can only ever be the neck. Necks are vulnerable. The problem with a partner, however, is if you’re equal in all things, you compromise in all things. And men are too skilled at taking .

There is a boy out there who knows how to floss because my friend taught him. Now he kisses college girls with fresh breath. A boy married to my friend who doesn’t know how to pack his own suitcase. She “likes to do it for him.” A million boys who know how to touch a woman, who go to therapy because they were pushed, who learned fidelity, boundaries, decency, manners, to use a top sheet and act humanely beneath it, to call their mothers, match colors, bring flowers to a funeral and inhale, exhale in the face of rage, because some girl, some girl we know, some girl they probably don’t speak to and will never, ever credit, took the time to teach him. All while she was working, raising herself, clawing up the cliff-face of adulthood. Hauling him at her own expense.

I find a post on Reddit where five thousand men try to define “ a woman’s touch .” They describe raised flower beds, blankets, photographs of their loved ones, not hers, sprouting on the mantel overnight. Candles, coasters, side tables. Someone remembering to take lint out of the dryer. To give compliments. I wonder what these women are getting back. I imagine them like Cinderella’s mice, scurrying around, their sole proof of life their contributions to a more central character. On occasion I meet a nice couple, who grew up together. They know each other with a fraternalism tender and alien to me.  But I think of all my friends who failed at this, were failed at this, and I think, No, absolutely not, too risky . Riskier, sometimes, than an age gap.

My younger brother is in his early 20s, handsome, successful, but in many ways: an endearing disaster. By his age, I had long since wisened up. He leaves his clothes in the dryer, takes out a single shirt, steams it for three minutes. His towel on the floor, for someone else to retrieve. His lovely, same-age girlfriend is aching to fix these tendencies, among others. She is capable beyond words. Statistically, they will not end up together. He moved into his first place recently, and she, the girlfriend, supplied him with a long, detailed list of things he needed for his apartment: sheets, towels, hangers, a colander, which made me laugh. She picked out his couch. I will bet you anything she will fix his laundry habits, and if so, they will impress the next girl. If they break up, she will never see that couch again, and he will forget its story. I tell her when I visit because I like her, though I get in trouble for it: You shouldn’t do so much for him, not for someone who is not stuck with you, not for any boy, not even for my wonderful brother.

Too much work had left my husband, by 30, jaded and uninspired. He’d burned out — but I could reenchant things. I danced at restaurants when they played a song I liked. I turned grocery shopping into an adventure, pleased by what I provided. Ambitious, hungry, he needed someone smart enough to sustain his interest, but flexible enough in her habits to build them around his hours. I could. I do: read myself occupied, make myself free, materialize beside him when he calls for me. In exchange, I left a lucrative but deadening spreadsheet job to write full-time, without having to live like a writer. I learned to cook, a little, and decorate, somewhat poorly. Mostly I get to read, to walk central London and Miami and think in delicious circles, to work hard, when necessary, for free, and write stories for far less than minimum wage when I tally all the hours I take to write them.

At 20, I had felt daunted by the project of becoming my ideal self, couldn’t imagine doing it in tandem with someone, two raw lumps of clay trying to mold one another and only sullying things worse. I’d go on dates with boys my age and leave with the impression they were telling me not about themselves but some person who didn’t exist yet and on whom I was meant to bet regardless. My husband struck me instead as so finished, formed. Analyzable for compatibility. He bore the traces of other women who’d improved him, small but crucial basics like use a coaster ; listen, don’t give advice. Young egos mellow into patience and generosity.

My husband isn’t my partner. He’s my mentor, my lover, and, only in certain contexts, my friend. I’ll never forget it, how he showed me around our first place like he was introducing me to myself: This is the wine you’ll drink, where you’ll keep your clothes, we vacation here, this is the other language we’ll speak, you’ll learn it, and I did. Adulthood seemed a series of exhausting obligations. But his logistics ran so smoothly that he simply tacked mine on. I moved into his flat, onto his level, drag and drop, cleaner thrice a week, bills automatic. By opting out of partnership in my 20s, I granted myself a kind of compartmentalized, liberating selfishness none of my friends have managed. I am the work in progress, the party we worry about, a surprising dominance. When I searched for my first job, at 21, we combined our efforts, for my sake. He had wisdom to impart, contacts with whom he arranged coffees; we spent an afternoon, laughing, drawing up earnest lists of my pros and cons (highly sociable; sloppy math). Meanwhile, I took calls from a dear friend who had a boyfriend her age. Both savagely ambitious, hyperclose and entwined in each other’s projects. If each was a start-up , the other was the first hire, an intense dedication I found riveting. Yet every time she called me, I hung up with the distinct feeling that too much was happening at the same time: both learning to please a boss; to forge more adult relationships with their families; to pay bills and taxes and hang prints on the wall. Neither had any advice to give and certainly no stability. I pictured a three-legged race, two people tied together and hobbling toward every milestone.

I don’t fool myself. My marriage has its cons. There are only so many times one can say “thank you” — for splendid scenes, fine dinners — before the phrase starts to grate. I live in an apartment whose rent he pays and that shapes the freedom with which I can ever be angry with him. He doesn’t have to hold it over my head. It just floats there, complicating usual shorthands to explain dissatisfaction like, You aren’t being supportive lately . It’s a Frenchism to say, “Take a decision,” and from time to time I joke: from whom? Occasionally I find myself in some fabulous country at some fabulous party and I think what a long way I have traveled, like a lucky cloud, and it is frightening to think of oneself as vapor.

Mostly I worry that if he ever betrayed me and I had to move on, I would survive, but would find in my humor, preferences, the way I make coffee or the bed nothing that he did not teach, change, mold, recompose, stamp with his initials, the way Renaissance painters hid in their paintings their faces among a crowd. I wonder if when they looked at their paintings, they saw their own faces first. But this is the wrong question, if our aim is happiness. Like the other question on which I’m expected to dwell: Who is in charge, the man who drives or the woman who put him there so she could enjoy herself? I sit in the car, in the painting it would have taken me a corporate job and 20 years to paint alone, and my concern over who has the upper hand becomes as distant as the horizon, the one he and I made so wide for me.

To be a woman is to race against the clock, in several ways, until there is nothing left to be but run ragged.

We try to put it off, but it will hit us at some point: that we live in a world in which our power has a different shape from that of men, a different distribution of advantage, ours a funnel and theirs an expanding cone. A woman at 20 rarely has to earn her welcome; a boy at 20 will be turned away at the door. A woman at 30 may find a younger woman has taken her seat; a man at 30 will have invited her. I think back to the women in the bathroom, my husband’s classmates. What was my relationship if not an inconvertible sign of this unfairness? What was I doing, in marrying older, if not endorsing it? I had taken advantage of their disadvantage. I had preempted my own. After all, principled women are meant to defy unfairness, to show some integrity or denial, not plan around it, like I had. These were driven women, successful, beautiful, capable. I merely possessed the one thing they had already lost. In getting ahead of the problem, had I pushed them down? If I hadn’t, would it really have made any difference?

When we decided we wanted to be equal to men, we got on men’s time. We worked when they worked, retired when they retired, had to squeeze pregnancy, children, menopause somewhere impossibly in the margins. I have a friend, in her late 20s, who wears a mood ring; these days it is often red, flickering in the air like a siren when she explains her predicament to me. She has raised her fair share of same-age boyfriends. She has put her head down, worked laboriously alongside them, too. At last she is beginning to reap the dividends, earning the income to finally enjoy herself. But it is now, exactly at this precipice of freedom and pleasure, that a time problem comes closing in. If she would like to have children before 35, she must begin her next profession, motherhood, rather soon, compromising inevitably her original one. The same-age partner, equally unsettled in his career, will take only the minimum time off, she guesses, or else pay some cost which will come back to bite her. Everything unfailingly does. If she freezes her eggs to buy time, the decision and its logistics will burden her singly — and perhaps it will not work. Overlay the years a woman is supposed to establish herself in her career and her fertility window and it’s a perfect, miserable circle. By midlife women report feeling invisible, undervalued; it is a telling cliché, that after all this, some husbands leave for a younger girl. So when is her time, exactly? For leisure, ease, liberty? There is no brand of feminism which achieved female rest. If women’s problem in the ’50s was a paralyzing malaise, now it is that they are too active, too capable, never permitted a vacation they didn’t plan. It’s not that our efforts to have it all were fated for failure. They simply weren’t imaginative enough.

For me, my relationship, with its age gap, has alleviated this rush , permitted me to massage the clock, shift its hands to my benefit. Very soon, we will decide to have children, and I don’t panic over last gasps of fun, because I took so many big breaths of it early: on the holidays of someone who had worked a decade longer than I had, in beautiful places when I was young and beautiful, a symmetry I recommend. If such a thing as maternal energy exists, mine was never depleted. I spent the last nearly seven years supported more than I support and I am still not as old as my husband was when he met me. When I have a child, I will expect more help from him than I would if he were younger, for what does professional tenure earn you if not the right to set more limits on work demands — or, if not, to secure some child care, at the very least? When I return to work after maternal upheaval, he will aid me, as he’s always had, with his ability to put himself aside, as younger men are rarely able.

Above all, the great gift of my marriage is flexibility. A chance to live my life before I become responsible for someone else’s — a lover’s, or a child’s. A chance to write. A chance at a destiny that doesn’t adhere rigidly to the routines and timelines of men, but lends itself instead to roomy accommodation, to the very fluidity Betty Friedan dreamed of in 1963 in The Feminine Mystique , but we’ve largely forgotten: some career or style of life that “permits year-to-year variation — a full-time paid job in one community, part-time in another, exercise of the professional skill in serious volunteer work or a period of study during pregnancy or early motherhood when a full-time job is not feasible.” Some things are just not feasible in our current structures. Somewhere along the way we stopped admitting that, and all we did was make women feel like personal failures. I dream of new structures, a world in which women have entry-level jobs in their 30s; alternate avenues for promotion; corporate ladders with balconies on which they can stand still, have a smoke, take a break, make a baby, enjoy themselves, before they keep climbing. Perhaps men long for this in their own way. Actually I am sure of that.

Once, when we first fell in love, I put my head in his lap on a long car ride; I remember his hands on my face, the sun, the twisting turns of a mountain road, surprising and not surprising us like our romance, and his voice, telling me that it was his biggest regret that I was so young, he feared he would lose me. Last week, we looked back at old photos and agreed we’d given each other our respective best years. Sometimes real equality is not so obvious, sometimes it takes turns, sometimes it takes almost a decade to reveal itself.

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Trump's bond is now $175 million in fraud case. Here's what the New York attorney general could do if he doesn't pay.

By Katrina Kaufman , Graham Kates

Updated on: March 25, 2024 / 7:46 PM EDT / CBS News

Former President Donald Trump and other defendants in his fraud case won an appeal Monday to have their bond reduced , requiring them now to put up $175 million within 10 days to pause enforcement of a $464 million judgment against them . If Trump fails to post bond, it could leave some of his prized real estate and other assets vulnerable to seizure by the state.

The bond was lowered from $464 million on the day that a 30-day grace period for payment expired. New York Attorney General Letitia James had indicated her office would pursue Trump's assets if he failed to post bond.

"If he does not have funds to pay off the judgment, then we will seek judgment enforcement mechanisms in court, and we will ask the judge to seize his assets," she said during a February interview with ABC News.

Attorneys for Trump wrote in a March 18 filing in the case that it was a "practical impossibility" for the defendants to secure such a large bond. 

"Very few bonding companies will consider a bond of anything approaching that magnitude," wrote the lawyers, Alina Habba, Clifford Robert, Christopher Kise and John Sauer. They noted that surety providers often require collateral up to 120% to guarantee the bond, driving the amount Trump might need over $500 million.

Trump claimed to have nearly $500 million in cash in a Truth Social post on March 22. In depositions and testimony in 2023,  he claimed to have between $300 and $400 million.

JD Weisbrot, managing director of the surety operation at Risk Strategies, said Trump's options for amassing the full $464 million were "frankly very limited."

"The issue is that this type of bond is very hazardous in nature to a surety company. And why is that? It's a demand instrument, the bond guarantees that in the event that the defendant loses the appeal, that the sum be immediately made available to the plaintiff," Weisbrot said.

As a result, Weisbrot said surety companies want liquid assets as collateral, specifically cash or a letter of credit, and not hard assets like real estate.

The judgment stems from a civil case in which a judge found Trump and others connected to his company liable for a decade-long scheme to use falsified real estate and net worth valuations to obtain favorable loan and insurance rates. The judge concluded Trump and others gained more than $364 million through the scheme.

Bruce Lederman, an attorney who specializes in real estate law  for the New York firm DL Partners, said James' office has a range of options to choose from in its effort to enforce the judgment if Trump fails to post bond.

Once the deadline passes, "the attorney general can start enforcement proceedings, which could include sending restraining notices, could include sending executions to the sheriff for real property, could include tying up security accounts, could include sending notices to companies that they can't make any payments to Donald Trump personally, or any of the children, the boys, against whom judgments are entered," said Lederman, referring to Trump's adult sons Eric and Donald Trump Jr.

To execute on Trump's real property, James could get judicial liens against the properties.  In New York, the process to sell a property takes 63 days. The sheriff's office must publicly post notice of sale in three places in the town or city where the property is located, and the notice must be published four times throughout that period. After 63 days, there is a sheriff's sale, typically on the courthouse steps. 

However, untangling the web of ownership of some of Trump's properties may be challenging. In the event of sale, there are also loans and mortgages that could impact how much the state can even collect - not to mention the disputed valuation of Trump's properties, an issue that was at the heart of the civil fraud trial.

For properties located outside of Manhattan, James has to enter the judgment with local jurisdictions — even those as near as suburban Westchester County, New York, where her office registered the judgment on March 6. 

"The New York judgment can be filed in any state and is then entitled to full faith and credit under the Constitution," said Lederman, who noted that Trump's Mar-a-Lago club might be more complicated to seize than other properties. "Enforcement rights in other states would be based upon the law of the state where property is located. For example, Florida does not allow a sale of a primary residence." 

Adam Pollock,  a former New York assistant attorney general, said a restraining notice would limit Trump's ability to spend freely.

"A restraining notice … says, 'Don't spend money, don't transfer any property, until you pay us.' And for good reason. You shouldn't be out, you know, fueling up your jets with $20,000 of gas, when you owe the people in the state of New York nearly $500 million," said Pollock.

Pollock said James' office could get a bank execution and give it to a New York sheriff or marshal, who can then walk into a bank branch and drain Trump's account. A bank normally has to wait at least 27 days to turn over the money in an account — unless the plaintiff is the state of New York, in which case, the bank is supposed to transfer the funds immediately.

James can also sign an execution forcing Trump to turn over his personal property.

"If I have a judgment against you, I get to take any property I can find of yours. Whether it's your Rembrandt, your Rolls Royce, or your iPad, or like your 500 LLCs that you happen to own," said Pollock.

Trump, the presumptive Republican nominee for president, could ultimately end up among the one in 100 Americans whose pay is withheld so creditors can collect.

Adam Kaufmann, an attorney at Lewis Baach Kaufmann Middlemiss, said the state could garnish Trump's income and revenues from the Mar-a-Lago Club, for example.

"You could have a president of the United States having his wages garnished by a creditor," Kaufmann said.

• Donald Trump

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Baltimore Orioles | Orioles starter John Means to begin rehab…

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Baltimore orioles | key bridge collapse live updates: businesses could qualify for $2 million in emergency loans, baltimore orioles, subscriber only, baltimore orioles | orioles starter john means to begin rehab assignment in triple-a on sunday | notes.

The first John Means Day of the year is Sunday, but it will come in Triple-A Norfolk as the veteran left-hander begins his minor league rehabilitation assignment.

The Norfolk Tides announced that Means will take the ball Sunday against the Durham Bulls, the Tampa Bay Rays’ affiliate. The start will be the first time Means, the Orioles’ No. 1 starter during the rebuild, will pitch in a game since September, and it will start his clock to potentially make his return to Baltimore.

Minor league rehabilitation assignments cannot extend past 30 days unless the player is reinjured. If the assignment takes the full 30 days and Means remains healthy, he would be back with the Orioles on April 30.

Manager Brandon Hyde said before Saturday’s game against the Los Angeles Angels that Means will pitch a couple innings and it is the beginning of his “build up process.” Hyde said the length of Means’ assignment will be “close to 30 days.”

A late April return falls in line with the original plan for Means after he began his offseason throwing progression a month late to fully recover from his elbow flare-up before the American League Division Series. The Orioles entered spring training hoping he could return in April. Means didn’t appear in a Grapefruit League game during spring training.

Means was an All-Star in 2019 and was equally as good in 2021 with a 3.62 ERA and 134 strikeouts in 146 2/3 innings for the 110-loss Orioles. He was the club’s opening day starter in 2022 but tore the ulnar collateral ligament in his elbow and underwent Tommy John elbow reconstruction in late April 2022. His recovery took about 18 months — the longer-end of the typical timeline — and the 30-year-old returned in September. He was instantly one of the Orioles’ best starting pitchers, posting a 2.66 ERA in four starts and taking a no-hitter into the seventh inning against the Cleveland Guardians.

It’s unclear how the rotation will sort out upon his return, although the likeliest scenario, assuming everyone remains healthy, is that left-hander Cole Irvin would be moved to the bullpen.

The Orioles entered the offseason with their future on the field as bright as any MLB club. Their future off it was anything but. Through the uncertainty, the Orioles, with a new owner and ace, came out better on the other side. https://t.co/W2NQZIDfUK — Jacob Calvin Meyer (@jcalvinmeyer) March 29, 2024

Around the horn

• Right-handers Kyle Bradish and Félix Bautista packed their bags in the clubhouse Saturday to head to the team’s facility in Sarasota, Florida, to continue their recoveries. Bradish (UCL sprain) is expected back “early in the first half of the season,” general manager Mike Elias said at the end of spring training, while Bautista (Tommy John reconstruction) will miss the entire 2024 season after tearing his UCL in August.

• Right-hander Jacob Webb was reinstated from the paternity list Saturday after the reliever missed opening day for the birth of his daughter. Left-hander Nick Vespi, who experienced his first MLB opening day in Webb’s stead, was optioned to Triple-A, although the option will not count as one of the five times Vespi can be optioned in 2024. Webb’s daughter, Hudson, was born Wednesday night in Marietta, Georgia, at 6 pounds, 15 ounces and 19 1/2 inches tall. Webb couldn’t get a flight home until Thursday morning, but “it was awesome to just be able to hold her,” he said. Will she be a righty or a lefty? “She was swinging her left hand quite a bit, so hopefully left-handed,” he said with a chuckle.

• Before Saturday’s game, Adley Rutschman and Gunnar Henderson both received their Silver Slugger Awards for the 2023 season. Rutschman hit .277 with an .809 OPS to win the award at catcher, while Henderson, who won the American League’s Rookie of the Year Award, hit 28 homers with an .814 OPS to earn the honor as a utility player.

• The Tides opened their 2024 season Friday at home against the Bulls in hopes of defending their International League title and Triple-A national championship. The top of the lineup was filled with prospects from the Orioles’ top-ranked farm system, and the Tides got off to a fitting start with a 12-8 win . Prospects Jackson Holliday, Connor Norby, Coby Mayo, Heston Kjerstad and Kyle Stowers combined to go 12-for-25 at the plate with a home run, three doubles and nine RBIs. The long ball came off Holliday’s bat to lead off the bottom of the first, and, naturally, it came off a left-handed pitcher. Elias used the 20-year-old top prospect’s lack of experience and success off high-quality left-handed pitching as a reason to have him begin the year in the minor leagues while saying the youngster’s service time wasn’t a factor. Holliday went 3-for-5 with four RBIs and was a triple away from the cycle.

JACKSON HOLLIDAY HOMERS IN HIS 1ST AT-BAT OF THE YEAR! @Orioles | @OsPlayerDev pic.twitter.com/iCFE37qo6r — MLB Pipeline (@MLBPipeline) March 29, 2024

• DL Hall, the former Orioles farmhand who they traded to Milwaukee for Corbin Burnes, started the Brewers’ second game of the season Saturday against the New York Mets, pitching four innings of two-run ball while allowing six hits and striking out one. Joey Ortiz, the other prospect sent to Milwaukee in the trade, started at second base on opening day and went 1-for-4.

• The Orioles on Friday placed 11 minor league players on the 60-day injured list: Double-A Bowie right-handers Tyler Burch and Peter Van Loon; High-A Aberdeen right-handers Cooper Chandler and Daniel Lloyd and IronBirds infielder Luis Valdez; Low-A Delmarva infielder Maikol Hernández and right-hander Pablo Falconett; Florida Complex League right-hander Pedro Figueroa; and Dominican Summer League right-handers Anthony Morillo and Yonatan Pineda and outfielder Raylin Ramos. The domestic players on the 60-day IL do not count against the Orioles’ total number of minor leaguers, which cannot exceed 165 — down across MLB from 180 last year.

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