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Health Alert (Australia) - March 2, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 23 February 2015 - Same-sex adoption a step closer with review of laws - Same-sex adoption in Victoria is a step closer,...more

Can Attorneys be Held Liable for Damages to the Adverse Client?

On October 9, 2014, the New Jersey Supreme Court announced that it would hear the case of Innes v. Marzano-Lesnevich. The case deals with the interesting question of whether attorneys can be held liable for damages to...more

Appellate Court Notes

?AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

The confusion being engendered by the Uniform Trust Code’s default trust-revocation methodologies (§ 602(c)).

In the pre-Uniform Trust Code UTC), unless the terms of a revocable inter vivos trust provided otherwise, the trust could not have been revoked by the settlor’s will. A will speaks at the time of the testator’s death, an...more

The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A...more

The Uniform Trust Code’s stealth attack on the Trustee’s time-honored duty to defend his trust

One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of...

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections In was in the course of preparing the 2013 edition of Loring and...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Does a trust beneficiary incur any personal liability?

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

Legal Byte: Is judicial legal advice the same as an advisory opinion?

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...more

Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm...

Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform Principal and Income Act...more

Asset Protection and The Title To Your Home - Common Mistakes

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Damage from medical malpractise-Quantification

The quantification of damage from medical malpractice...more

Privacy

PRIVACY >> UNLOW PROCCESSING <<

Privacy -- unlaw processing -- active subjects --...more

La responsabilità professionale medica

Aspetti e considerazioni sulla responsabilità professionale medica...more

Hard to Detect Nursing Home Neglect

Nursing home abuse is often very hard to detect. If you have a feeling your loved one is being mistreated, take extra precautions like these to prevent neglect or determine that nursing home negligence is happening. The...more

DRUG TESTING AND CHILD WELFARE

Document from HHS on drug testing for child welfare. Relevant to family law and civpro....more

SUBSTANCE ABUSE AND CHILD WELFARE COURTS

This Document from Health and Human Services serves as a guide for substance abuse and child welfare. Relevant to civil procedure and Family law issues....more

Common Signs of Nursing Home Abuse

As Baby Boomers age into their twilight, more families are relying on assisted living to take care of them. As nursing home populations increase, so do instances of nursing home abuse and neglect. It is even more important...more

Twelve Questions to Ask Daycare Providers

There have been more than one shocking story of child abuse in Texas daycare centers this month – one former daycare employee was accused of sexual misconduct with a child for the fourth time, while another daycare was shut...more

Code of Ethics for Philippine Psychologists

This is the Code of Ethics provided by the Psychological Association of the Philippines for Practicing Psychologists in our country....more

Harnois v. Fullerton

Notice of Motion and Motion for Sanctions

Attorney liability for false assertions in pleadings and affidavits pursuant to Minn. Stat. § 549.211...more

Do Liberals and Conservatives Punish Differently?

An intriguing look at how liberal versus conservative orientation plays into decisions to punish. Three experienced ASTC-member trial consultants respond to this article and discuss how they would use the results in court....more

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