The Utterant Comic: Seemed Like a Good Idea at the Time
A comic about the inventor of the duty of care in negligence… drawn by the Utterant. The Utterant’s legal cartoons are published every Monday here and at www.utterant.co.uk
View ArticleLenders are not Required to Report to the Three Credit Bureaus
(US law & generally) How information is supplied to the three credit reporting agencies is governed by the Fair Credit Reporting Act (FCRA). However, the law does not say that lenders are required...
View ArticleThe Consumer Financial Protection Bureau Wants to Hear from Consumers about...
Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them. They are preparing to update the rules that govern how debt...
View ArticleEstate Planning Basics for Aging and Infirm Parents
One of the quickest ways to learn about the importance of having a solid and comprehensive estate plan is having to facilitate the process for elderly parents who encounter unexpected hardships. For...
View ArticleDebt Collectors Cannot Engage in Conduct that Harasses a Consumer When...
The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer. Under the FDCPA, 15 USC Section 1692d, debt collectors...
View ArticleLasting Powers of Attorney and Enduring Powers of Attorney.
By Emma Fuller, Director at Edward Hands and Lewis After Lasting Powers of Attorney or Enduring Powers of Attorney have been made by a Donor (ie the person who has entered into the Lasting Power if...
View ArticleThe Impact of Drug or Alcohol Abuse on Government Disability Cases
(US law) Drug or alcohol use can potentially impact the outcome of a social security claim and will be determined by the Social Security Administration (SSA). A professional social security doctor or...
View ArticleMims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone...
The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers...
View ArticleTips on how managed print services can reduce your law firm’s overheads
There are massive opportunities to reduce your law firm’s spend on A4 Desktop Printing using Managed Print Services. The real bonus is you can realise these “bottom line” savings immediately with NO...
View ArticleGetting Confessions: The Reid Interrogation Technique
Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes...
View ArticleLegal Theft By Adverse Possession
While I handle only personal injury cases and criminal defense cases, on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of...
View ArticlePolygraphs in the Criminal Justice System
In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an...
View ArticleTo Partner or Not to Partner
Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership. Since there...
View ArticleDefendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply...
As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable...
View ArticleLabor Law Claims Dismissed Based On Proximate Cause
The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell...
View ArticleInsurance Coverage Can Not be Created by Untimely Disclaimer
In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff...
View ArticleHacking Privileged Communications Warrants Striking Answer
The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole...
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