News
Litigation
[08/26] Mass. reaches $1.35M settlement with biotech co.
[08/19] Billionaire Donald Bren breaks privacy in lawsuit
[08/12] Judge orders Wells Fargo to pay back $203M in fees
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Real Estate
[09/04] Coalition Threatens Transfer Fee Funding for Non-Profits
[09/03] First Industrial Realty Trust Declares Preferred Stock Dividends
[09/03] Learning on a Shoe-String: Top Tips for Cheap Student Living
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Health Care
[09/07] Biostar Pharmaceuticals, Inc. to Present at the Rodman & Renshaw Annual Global Investment Conference on September 13 at 12:30 pm ET
[09/07] Medtronic Announces First European Implant of New Drug-eluting Stent at Southampton General Hospital, UK
[09/07] DSM Launches InnoSyn Route Scouting Services to Meet Pharmaceutical Company Needs to Outsource R&D
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Articles
Litigation
What to Expect: Small Claims or Conciliation Court
Most states have "small claims" or "conciliation" courts. These courts are set up to handle disputes up to a certain dollar amount (usually $1,500 to $9,000). If the amount of your claim against the defendant is under the dollar limit of the small claims court, you can file suit yourself (you don't need to hire a lawyer). It will take some time and energy on your part, but will save you some money on attorney fees.
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Anatomy of a Trial
Trials are typically heard by a jury of twelve individuals. Before the trial, a group of jury candidates are questioned by the counsel for each party during a process called voir dire examination. Individuals can be excluded from the jury in several ways. Each party is given a certain number of peremptory challenges through which it may exclude certain jurors; and each party can object to an individual's participation on the jury with a challenge for cause, which simply means the competency of a certain juror is questioned. The court can reject or dismiss a juror who is unqualified, even if both sides do not challenge the juror.
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Probate-Estate Planning and Administration
What is a Health Care Proxy?
A health care proxy, also known as a health care agent or health care power of attorney, is the person you select to make decisions about medical treatment on your behalf if you become unable to make these decisions.
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Powers of Attorney and Appointment
Powers of attorney and appointment are distinct powers that allow individuals to act on behalf of others to manage certain decisions. While these may appear to be simple devices, a competent estate planner should be consulted to ensure that the desired powers are properly created and exercised, and that the laws of any applicable states — both where the power is to be created and where it is likely to be exercised — are properly examined.
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Banking and Finance
Finding and Working with a Business Angel
A business angel is a special type of venture capitalist. They are usually individuals with high net worth, rather than companies. They mainly differ from conventional venture capitalists in two ways. First, they risk their own money rather than money from a fund. Second, they invest less than many venture capitalists, usually on the order of $250,000 to $5 million.
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Nonprofit and Tax-Exempt Organizations
Many organizations wish to benefit from tax exemptions offered by the Internal Revenue Service for certain types of groups; however, the process of gaining this status is lengthy and complex. The procedure requires time, money, and technical expertise in legal and tax implications in order to be successful. Once the IRS grants tax-exempt status, the organization must follow specific operational rules, which require careful oversight and ongoing professional assistance. Despite these obstacles, the result can make a phenomenal difference to achievement of organizational goals.
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Case Summaries
Wills & Trusts
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Property Law & Real Estate
[09/07] McEvoy v. KKL Dev., LLC.
In plaintiffs' suit against a local company for violations of the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations, objecting to the nearby pile of coal stored by the defendant and alleging theories of recovery under the citizen-suit provision of the Clean Air Act (Act), district court's grant of summary judgment in favor of the defendant is affirmed where: 1) contrary to the district court's ruling, the Act permits citizen enforcement of standards found in an SIP, even if those standards are not repeated in a permit; 2) the Illinois's Prohibition of Air Pollution and Fugitive Particulate Matter regulations cannot be used as the basis of a citizen's suit under the Act, as the regulations do not set forth judicially enforceable standards or limitations; and 3) the district court was well within its rights to dismiss the supplemental state claims without prejudice.
[09/03] Official Comm. of Unsecured Creditors v. Anderson Senior Living Prop., LLC.
In an appeal from the Bankruptcy Appellate Panel's (BAP) grant of debtors' motion to dismiss as moot pursuant to 11 U.S.C. section 363(m), plaintiffs' appeal of the bankruptcy court's authorization of the sale of debtors' interests in seven co-owned properties as well as the undivided interests of the tenants in common (TIC), is affirmed as the BAP properly determined that section 363(m) moots the appeal because, even though the bankruptcy court approved the sale of the TIC property interests pursuant to section 363(h), the debtors ultimately sold the properties pursuant to section 363(b) and that sale was never stayed.
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Banking Law
[09/03] Allied Maritime, Inc. v. Descatrade SA
An order vacating the process of maritime attachment and garnishment issued on April 15, 2009 attaching defendant's assets to secure a putative foreign arbitral award and dismissal of the complaint for lack of jurisdiction is affirmed where the district court properly concluded that it lacked jurisdiction over defendant’s bank account in Paris, France, the suspense account created by the bank in response to the attachment order, and any other intangible property arising from an electronic funds transfer.
[08/31] Force Framing, Inc. v. Chinatrust Bank
In plaintiff's suit against defendant-lender for a bonded stop notice, trial court's grant of defendant's motion for summary judgment because plaintiff served the statutorily required 20-day preliminary notice on another lender, and not defendant, is reversed where: 1) the trial court erred when it granted summary judgment because there is a triable issue of fact regarding the reasonableness of plaintiff's belief that another lender was the lender for the project; 2) defendant's argument that plaintiff could not have held a good faith belief that the other lender was the actual lender because plaintiff did not check the county records for the deed of trust that the lender recorded in 2005 is rejected; and 3) the court is not persuaded that, as a matter of law, pursuant to Kodiak, plaintiff had constructive notice that defendant was the actual lender and could not have held a good faith belief that the other lender was the actual lender.
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