After class action claims are resolved, sometimes there are remaining funds because some class members can’t be found, died, moved, etc. The class members who did receive their full share are not entitled to a windfall in the form of an additional distribution. Similarly, the defendant is not entitled to keep money it agreed to forfeit in a settlement or
Minnesota’s Revised Uniformed Limited Liability Company Act (Minnesota’s Revised LLC Act), which applies to all Minnesota limited liability companies (LLCs) as of Jan. 1, 2018, introduces a new legal concept applicable to Minnesota LLC’s referred to as “dissociation.” While an undefined term, it essentially means the right to legally break up as business owners. After all, people can legally break
As a criminal defense attorney in federal and Texas state courts, I have dealt with numerous cases of allegations known as “crimes against children,” primarily have to do with the online conduct of citizens that run afoul of the law. The Federal Bureau of Investigation (FBI) and other federal law enforcement agencies getting aggressive in these cases. The FBI is
Summer is a time for BBQs, pool parties, and… personal injuries? Every year, homeowners are sued by their guests for injuries arising from things like faulty stairs, misplaced rugs, dilapidated porches, holes in yards and a variety of injuries resulting from interactions with pools. Homeowners have a duty to their social guests – legally described as a gratuitous licensee –
Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class
The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal
For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such
Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in
American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress
An ELHF is an Expedited Limited Healthcare Fiduciary. ELHFs are appointed by a court when a hospital does not believe a patient is capable of making safe discharge choices and no family members are willing, or capable, of helping the patient. Authorized by § 34-1-133, it went into effect July 1, 2013. It is an expensive procedure because the hospital
After class action claims are resolved, sometimes there are remaining funds because some class members can’t be found, died, moved, etc. The class members who did receive their full share are not entitled to a windfall in the form of an additional distribution. Similarly, the defendant is not entitled to keep money it agreed to forfeit in a settlement or
Minnesota’s Revised Uniformed Limited Liability Company Act (Minnesota’s Revised LLC Act), which applies to all Minnesota limited liability companies (LLCs) as of Jan. 1, 2018, introduces a new legal concept applicable to Minnesota LLC’s referred to as “dissociation.” While an undefined term, it essentially means the right to legally break up as business owners. After all, people can legally break
As a criminal defense attorney in federal and Texas state courts, I have dealt with numerous cases of allegations known as “crimes against children,” primarily have to do with the online conduct of citizens that run afoul of the law. The Federal Bureau of Investigation (FBI) and other federal law enforcement agencies getting aggressive in these cases. The FBI is
Summer is a time for BBQs, pool parties, and… personal injuries? Every year, homeowners are sued by their guests for injuries arising from things like faulty stairs, misplaced rugs, dilapidated porches, holes in yards and a variety of injuries resulting from interactions with pools. Homeowners have a duty to their social guests – legally described as a gratuitous licensee –
Imagine filing a complaint, and two weeks later, receiving a brief in which the defendant argues that if you were to prosecute your claim, the defendant would have to review its own documents; therefore, your claim should be dismissed. Class action plaintiffs routinely encounter a variation of that frivolous argument, under the guise of “ascertainability.” Courts generally require a class
The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal
For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such
Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in
American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress
An ELHF is an Expedited Limited Healthcare Fiduciary. ELHFs are appointed by a court when a hospital does not believe a patient is capable of making safe discharge choices and no family members are willing, or capable, of helping the patient. Authorized by § 34-1-133, it went into effect July 1, 2013. It is an expensive procedure because the hospital
