“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
There is a lot of controversy concerning the treatment of minors following an auto collision injury. Insurance companies hold a strong position that minors don’t need medical care simply because they can’t communicate the injuries properly. Common symptoms such as headaches, neck pain and low back pain, are often overlooked after an auto accident, simply because the child does not
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
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
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
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
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
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
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
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
“Too often in our family law practice we are confronted with the problem of a non-disclosing spouse. Most typically, this is a self-employed spouse or a spouse who runs his or her own business.” All civil litigators must contend with the issue of the statute of limitations. Few things are worse than telling a client with a viable claim, “I
There is a lot of controversy concerning the treatment of minors following an auto collision injury. Insurance companies hold a strong position that minors don’t need medical care simply because they can’t communicate the injuries properly. Common symptoms such as headaches, neck pain and low back pain, are often overlooked after an auto accident, simply because the child does not
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
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
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
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
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
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
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
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
