For the Public

military aviation

Identifying and Handling a Military Aviation Claim

A military aviation claim is a tort claim – usually negligence – that arises out of an aviation mishap resulting in injury or death to military members or veterans. Defendants are commonly the government, aircraft manufacturers, component manufacturers, maintenance companies, and pilots or the companies who employ them. Claimants are commonly close family members or estates of deceased persons. Only

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Wake Forest

Secret Thefts in Sports

Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can

Read More »
Married Couple

Property Classifications for Married Couples in Utah: When and Why They Matter in Estate Planning

The list of property classifications in Utah is long and sometimes confusing: marital property, separate property, joint property, community property, probate property, non-probate property, intestate property, exempt property, joint tenancy, tenants in common. What precisely do these terms mean as it relates to a married couple’s property? In what context is each relevant? Utah estate planners should have a precise

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Republican

Will the New Administration Trump Class Actions?

If history has taught us anything, it would seem obvious that a Republican presidency, as well as a new Republican congress, would be vehemently opposed to class actions. In the past, they have teamed up to take on litigation reform. They have passed the Federal Arbitration Act; as well as the charmingly named Class Action Fairness Act and the Fairness

Read More »
profanity

Patent Profanity

A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true

Read More »
spousal

Key Questions and Considerations in Spousal Maintenance Cases

Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district

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appeals

Invited Error: An Argument for Appellees

Four types of error are often discussed in appeals. The appellant argues that the lower court’s errors are reversible. Sometimes appellants also assert that errors are fundamental, as we explained in Vol. 4 No. 4 (“The Fundamental Error Exception to the Preservation-of- Error Rule”). Conversely, the appellee wants the order or judgment to be affirmed and usually argues that there

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jurors

Criminal Law — The Best of Times, The Worst of Times

Recently it seems like not a day passes by, without a report of some form of government corruption in the news. In just the last few weeks, two high ranking Kern County police officers were convicted of smuggling drugs with the mafia; the attorney general of Pennsylvania was sentenced to five years in prison for perjury and obstruction; and our

Read More »
digital

Digital Estate Planning

A client called recently and shared the challenging situation she is experiencing. A family member passed the previous month, and she was named the executor. Her relative did not have a list of their online accounts and passwords; they merely had a cheat sheet hinting as to what existed online. My client is now in the awkward position of collecting

Read More »
Appellate

Donaldson v. Donaldson: Court of Appeals Vacates Alimony Award

“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that

Read More »
military aviation

Identifying and Handling a Military Aviation Claim

A military aviation claim is a tort claim – usually negligence – that arises out of an aviation mishap resulting in injury or death to military members or veterans. Defendants are commonly the government, aircraft manufacturers, component manufacturers, maintenance companies, and pilots or the companies who employ them. Claimants are commonly close family members or estates of deceased persons. Only

Read More »
Wake Forest

Secret Thefts in Sports

Recently a Wake Forest football radio broadcaster (who was previously a Wake Forest football player and assistant coach) was caught providing at least parts of Wake Forest’s game plans to opposing football programs. He had been given access to game plans to better understand, announce, and provide insight to the Wake Forest radio audience during his football broadcasts. We can

Read More »
Married Couple

Property Classifications for Married Couples in Utah: When and Why They Matter in Estate Planning

The list of property classifications in Utah is long and sometimes confusing: marital property, separate property, joint property, community property, probate property, non-probate property, intestate property, exempt property, joint tenancy, tenants in common. What precisely do these terms mean as it relates to a married couple’s property? In what context is each relevant? Utah estate planners should have a precise

Read More »
Republican

Will the New Administration Trump Class Actions?

If history has taught us anything, it would seem obvious that a Republican presidency, as well as a new Republican congress, would be vehemently opposed to class actions. In the past, they have teamed up to take on litigation reform. They have passed the Federal Arbitration Act; as well as the charmingly named Class Action Fairness Act and the Fairness

Read More »
profanity

Patent Profanity

A good rule of thumb for most is to keep profanity out one’s work product (unless you’re a rapper; and then it’s expected). Decorum in the courtroom is important, as well as in our day-to-day interactions. Just as you should not utter certain words in court, it is likewise important not to put them in writing. The same is true

Read More »
spousal

Key Questions and Considerations in Spousal Maintenance Cases

Family Law attorneys have been waiting impatiently for the release of the Minnesota Supreme Court decision in the case of Curtis v. Curtis. The decision, which was filed Nov. 16, 2016, represents the first decision by the Supreme Court in a long while on a substantive spousal maintenance issue and while it addresses the tax issue raised by the district

Read More »
appeals

Invited Error: An Argument for Appellees

Four types of error are often discussed in appeals. The appellant argues that the lower court’s errors are reversible. Sometimes appellants also assert that errors are fundamental, as we explained in Vol. 4 No. 4 (“The Fundamental Error Exception to the Preservation-of- Error Rule”). Conversely, the appellee wants the order or judgment to be affirmed and usually argues that there

Read More »
jurors

Criminal Law — The Best of Times, The Worst of Times

Recently it seems like not a day passes by, without a report of some form of government corruption in the news. In just the last few weeks, two high ranking Kern County police officers were convicted of smuggling drugs with the mafia; the attorney general of Pennsylvania was sentenced to five years in prison for perjury and obstruction; and our

Read More »
digital

Digital Estate Planning

A client called recently and shared the challenging situation she is experiencing. A family member passed the previous month, and she was named the executor. Her relative did not have a list of their online accounts and passwords; they merely had a cheat sheet hinting as to what existed online. My client is now in the awkward position of collecting

Read More »
Appellate

Donaldson v. Donaldson: Court of Appeals Vacates Alimony Award

“The decision presents an instructive example of how a reversal may be obtained, when a trial court’s alimony award is not supported by sufficient factual findings.” Appellate court reversals of trial courts’ alimony awards are rare. The determination whether to make such an award is highly fact-driven and, in most cases, the trial court will write an alimony decision that

Read More »

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