Wills, Trusts, & Estate Planning Personal Injury Civil Procedure

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U.S. Supreme Court Asked to Decide Whether Wrongful Death Suits are Subject to Arbitration

The United States Supreme Court was recently asked to determine whether the Federal Arbitration Act (FAA) preempts a state law rule that prohibits enforcement of pre-dispute arbitration agreements in certain wrongful death...more

Appellate Court Notes

Plaintiff was appointed conservator over a young woman with psychological issues. A married man befriended her over the internet. She then suffered a stroke, limiting her mobility, and the married man started visiting her...more

Argument Report: Illinois Supreme Court Likely to Find Wrongful Death Lawyer Owes Duty to Next of Kin

Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who...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

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

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

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

California Supreme Court Holds That Heirs in a Wrongful Death Action Are Bound by Decedent's Agreement to Arbitration

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

Pro Per Living Trust Beneficiary v. Sibling Beneficiary Trustees

Petition Determine Validity of Trust, Accounting, Remove Trustees, Breach of Trust

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

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