Personal Injury Wills, Trusts, & Estate Planning

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Heirs’ Right of Publicity

When I read about one of the recent “right of publicity” cases, I thought back to the Eighties and “Who Shot JR?” This is because Mary Crosby, as the character Kristin Shepard, was the one who shot JR in 1980 on the widely...more

Illinois Supreme Court to Decide If Wrongful Death Plaintiff's Lawyer Owes Duty to Next of Kin

Our previews of the newest additions to the Illinois Supreme Court's civil docket continue with Estate of Powell v. John C. Wunsch, P.C., a case from the Third Division of the First District which poses this question: does...more

Pennsylvania Commonwealth Court Holds Structured Settlement Annuity Is Transfer for Less Than Fair Market Value Under the Deficit...

The Pennsylvania Commonwealth Court’s recent decision in the matter of Sams v. Department of Public Welfare may significantly affect the structured settlement industry, and the settlement of lawsuits on behalf of certain...more

Michael Jackson Wrongful Death Suit Elicits Children’s Testimony

Prince and Paris Jackson, the children of deceased superstar Michael Jackson, have been deposed in a wrongful death suit brought by their grandmother Katherine Jackson against concert promoter AEG for the untimely death of...more

The Impact of Death of Defendant Prior to Filing Claim for Injuries

This week's discussion looks at the potential timing limitations that can impact a claim filed against a defendant who has deceased. The discussion is done in the confines of Indiana's Probate Code and the recent Indiana...more

Group Health Plan Can Enforce Reimbursement Rights Against Trustee

On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it...more

Today’s Take: Don’t Mess With Elders

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

Damages Pt. 13 – Sentimental Value in Personal Property

This week we reopen our Damages series with a thirteenth installment to discuss the availability of sentimental value damages for the loss of items of personal property. We examine both the general rule that such damages are...more

When Should I Call a Lawyer?

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

Legal Solutions, March 2013

Legal Solutions is the quarterly newsletter of Sullivans Law LLP Solicitors based in Belfast, Northern Ireland - UK. Included in the March 2013 edition: + confidentiality agreements + county courts jurisdiction...more

Insurance Bad Faith Claims Involving a Decedent’s Estate: Pistalo v. Progressive

This week's article focuses upon the recent Indiana Court of Appeals decision Pistalo v. Progressive in which the court held that a bad faith claim against an insurance company could progress even though the policy holder had...more

I Won My Lawsuit - Am I Going To Be Taxed On My Settlement?

Guest Blogger and Tax Expert Stephen D. Kraft, CPA Explains The IRS Tax Issues of Personal Injury Settlements...more

Argument Report: Suit for Tortious Interference Barred After It's Tossed From Probate Court?

Our reports on the civil oral arguments of the Illinois Supreme Court's November term continue with Bjork v. O'Meara... Before his death, decedent begins taking steps to transfer a bank account to the plaintiff. He dies...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

Requiring In-Home Caregivers to Obtain Permits

Ask any trust and estate litigator what the fastest rising trend in trust and estate litigation is and they will almost surely answer financial elder abuse. While the perpetrators of financial elder abuse are various, an...more

Executors and Personal Representatives Equally Bound to Arbitrate Wrongful Death Claims

The Eleventh Circuit has “ironed out a wrinkle” in Alabama’s arbitration jurisprudence that seemed to find executors outside the scope of arbitration contracts signed by the decedent. In Entrekin v. Internal Medicine...more

California Recognizes Intentional Interference with an Expected Inheritance as a Valid Cause of Action

The Problem: So often a family member or friend is told by a Decedent that he will inherit some or all of an estate. The Decedent truly has that intention, but as he or she ages and becomes weak of mind, the Decedent is...more

Illinois Supreme Court Sets Civil Argument Schedule for May

Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are... ...more

NJ LAWS Email Newsletter E391

NJ LAWS Email Newsletter E391 In This Issue: 1. "How to Appeal Your New Jersey Property Taxes and Win" 2. 911 Operators Immune from Mishandled Calls. 3. County not Liable for Laxity in Road Inspections. ...more

NJ LAWS Email Newsletter E390

NJ LAWS Email Newsletter E390 In This Issue: Recent Cases 1. Non-Profit Facility not Liable for Criminal Acts of Employee. 2. No Vacating of 2005 Guilty Plea where Defendant did not prove he was misadvised by...more

NJ LAWS Email Newsletter E389

NJ LAWS Email Newsletter E389 In This Issue: Recent Cases 1. Lab Report Not Admissible in DWI Case. 2. Laurick Motion to vacate DWI guilty plea Requires Prima facie Case for Relief. 3. Social Networking...more

NJ Laws Email Newsletter E388

NJ Laws Email Newsletter E388 In This Issue: 1. Free Will Seminars and Speakers Bureau 2. New YouTube Videos / Podcasts Videos; Can you help instruct us how to add to iTunes? 3. Community Events ...more

Medical Records Speak Louder Than Words: What It Takes to Win a Social Security Disability Claim Medical Records Speak Louder...

Columbia, MO – February 28, 2012 -- To SSA, the word “disabled” is not a medical term. This is the number one reason that the agency will not accept your doctor’s pronouncement that you are “disabled.” To SSA, being disabled...more

E378 1. Selecting A Guardian in Your Will for Minor Children. 2. Objection to Lab Report Starts After all Reports Provided. 3....

E378 1. Selecting A Guardian in Your Will for Minor Children. 2. Objection to Lab Report Starts After all Reports Provided. 3. Dispatch of Suspiciously Parked Car Permits Questioning. 4. Join AVVO and rate Kenneth Vercammen,...more

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