If you’re facing overwhelming debt, you may be considering filing for Chapter 7 bankruptcy. Chapter 7 bankruptcy is a solid option for many, as it can give you a “fresh start,” erasing the obligation to repay and giving you a chance to get on with your life. However, just because you can eliminate your debt with a Chapter 7 bankruptcy, doesn’t necessarily mean it’s the best option for you. You may also want to look into an alternative like Chapter 13....
There is no minimum settlement amount for injury claims. Parties to a lawsuit can agree to pretty much any terms they choose. But the court will scrutinize any settlement for signs of unfairness or coercion, especially if the difference in power between the parties is significant. So while you can theoretically agree to anything, your attorney will realistically need to be prepared to explain the deal. What Looks Weird to a Judge?...
It is hard enough dividing up house, car, and bank accounts in a divorce. But what about a business? Maybe you started your business in college, long before you got married. Or maybe you and your spouse started the business together. Is your small business separate property or community property? How do you divide that up? Started During Marriage This is the easy scenario. Income from your efforts during your marriage is community property....
Although an inheritance of money, property, or other assets is often a welcome gift for the recipient, there are circumstances in which a person may want to disclaim a gift from another person’s estate. For example, a person whose own estate may already be at or near the limit of the federal estate tax exemption may choose to disclaim an inheritance for tax purposes. Disclaimers may also be used to take advantage of marital deductions or to prevent a beneficiary’s creditors from making a claim on property that he or she inherited....
A mother of nine children is suing Baystate Medical Center after undergoing a tubal ligation that she claims she never gave permission for. According to ABC News, Ms. Tessa Savicki is claiming that she underwent a permanent sterilization she never consented to. She claims that she wanted the hospital to insert an intrauterine device (IUD) which is method of birth control that is reversible, but that they performed a tubal ligation instead....
If you don’t think you’re responsible for underage drinking in your home, think again. Social host laws impose liability for drunk teens. In many jurisdictions, you’re required to supervise any minors in your care. That includes ensuring that they don’t engage in illegal behavior. Liability doesn’t end here. If you knowingly furnish teens with alcohol, or should have known they were drinking while under your care, you may be arrested....
A week after the Arnold Schwarzenegger and Maria Shriver break-up, it turns out that the couple split after Shriver learned that her husband had fathered a child with a long-time staff member 10 years ago. Though Arnold has acknowledged that the child is his and has dutifully paid child support, one has got to wonder what would have happened if he had denied paternity. What are the applicable paternity laws and how would one establish paternity?...
According to CBS, the multinational oil company BP has been hit hard with a fine from the Occupational Safety and Health Administration. That fine is worth $87 million dollars. What would cause OSHA to levy such a hefty fine? This fine comes after a six month inspection by OSHA revealed that the oil giant failed to repair hazards that were found at the BP refinery in Texas City, Texas back in 2005....
Editor’s Note: Ronnie Lee Gardner was executed by a Utah firing squad just after midnight on Friday, June 18. Like sands through the hourglass, the remaining moments of Ronnie Lee Gardner’s life slowly drip away. Shortly after midnight tonight, Gardner will be blindfolded, strapped to a chair and will have a target placed on his chest. Five marksmen will fire from a distance of 25 feet, with one having an “ineffective round....
It’s a refrain likely heard around the country these days: “Is it legal to grow marijuna?” Seventeen states and the District of Columbia have passed marijuana laws that allow certain individuals to legally use marijuana for medical purposes, reports ProCon.org. Recreational marijuana use is still banned in every state, but these state marijuana laws may allow both the use and cultivation of cannabis for medical reasons. Keep in mind these laws are very state-specific, so you will definitely want to consult an attorney or doctor before lighting up a joint or installing grow lights into your basement....
The nation’s largest TGI Fridays franchisee has been fined $500,000 for serving customers cheap booze when they’d ordered the good stuff. The Briad Group, which runs 70 TGI Fridays nationwide, agreed to pay the fine after an investigation revealed that eight of its New Jersey restaurants were serving customers lower-quality liquor when they’d ordered premium-quality alcohol, reports The Associated Press. How did these franchise restaurants allegedly get away with it?...
An out-of-court settlement has been reached in the Toyota wrongful death case that brought national attention to Toyota’s products liability issue, and also spurred the recall of over 8 million Toyota vehicles. The deaths brought national attention to the potential that a driver-side door mat could trap the accelerator pedal, causing deadly sudden acceleration problems. The New York Times quotes the only statement given by Toyota on the confidential settlement, “Through mutual respect and cooperation we were able to resolve this matter without the need the for litigation....
A Texas pastor called a “cat killer” for allegedly throwing his neighbor’s cat off a bridge is being sued for negligence in the cat’s untimely death. Pastor Rick Bartlett of Bastrop, Texas, was arrested and charged with animal cruelty after joggers found the 12-year-old cat, Moody, at the bottom of a bridge, the Huffington Post reports. But the cat’s owners aren’t waiting for the results of Bartlett’s criminal case, which is making its way through the courts....
After federal agents raided his lawyer Michael Cohen’s office, current U.S. president and noted legal expert Donald Trump tweeted: “Attorney-client privilege is dead!” This will be news to lawyers and legal scholars nationwide. What may be news to Trump and Cohen is that there are exceptions to attorney-client privilege, one of which applies to communications between an attorney and a client that are made in furtherance of a fraud or other crime....
A broken down car can be heartbreaking. You just want your car back and running like new again. And most of the time, car repair shops take good care of us and our automobiles. But about the times they don’t? What happens if you get your car back from the shop with the same problems it had when you sent it in? While you may not know a radiator from a rocking arm, you do have rights when it comes to getting your car repaired the right way....
With the recent development in same-sex marriage in New York, many have now wondered, is it time for other states to follow suit and legalize gay marriage? Gay marriage in America has been a heated topic for years, drawing both political lines and religious lines for many Americans. There is some hope for widespread success for supporters of gay marriage. In recent years, public opinion seems to be swaying towards support for gay marriage, according to recent Gallup polls....
In recent years, vineyards have been marketing wines towards specific demographics with hopes to sell more wine. Well, they’ve officially set their sights on the “mommy market,” and they’re not being very nice about it. Makers of “MommyJuice” have filed suit in a San Francisco court requesting that a judge declare that their wine does not violate the trademark of another mommy wine, “Mommy’s Time Out.” Besides their names and the fact that both come in white and red, the similarity between the two wines isn’t particularly extensive....
A Seattle bus driver heard an argument and someone yelling to open the back door of the bus. Moments later, he heard a young boy say he was hurt. But it turns out that the young boy, only 10, was the instigator of the event. The shooting on Tuesday was the second in two days at the same intersection. On Monday, a man fired a gun and nicked a teenager’s back, Seattle police report....
Those tiny 5-Hour Energy drinks may pack a bigger punch than you think: They’ve been cited in 13 death reports over the past four years, according to the Food and Drug Administration. In addition, 5-Hour Energy has also been mentioned in 90 filings with the FDA that involved serious injuries such as heart attacks, convulsions, and even an abortion, reports The New York Times. This is the second time in recent weeks that the FDA has cited a caffeinated energy drink as possibly linked to deaths....
Divorce is one of the hardest legal events anyone will ever face. When you divorce, you face losses that are not just emotional, but financial and legal as well. This blog series will help answer some basic questions you might have about divorce. Every marriage is unique, and every divorce can present its own set of emotional and legal challenges. But every now and then couples are faced with some especially demanding or downright odd circumstances, many of which aren’t easy to deal with....
