In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more
It’s your will, so you can say whatever you want to say in it, or change any part of it, whenever you want to, right? Well, not quite. First, you’re bound to follow the prevailing laws of your state. Second, your will could...more
In a decision that will surprise no one who has followed the situation in the past six months (see "Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman"), the Judicial Council of the Federal...more
A Special Committee of Federal Circuit judges (consisting of Chief Judge Kimberly Moore, former Chief Judge Sharon Prost, and Judge Richard Taranto) that has been investigating for several months allegations against Judge...more
In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances. General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth...more
As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more
In 2009, 16-year-old Jquan Humphrey shot and wounded two people. Plagued by severe mental illness, he was found incompetent to stand trial and remained imprisoned, mentally deteriorating, until February of 2022 when a Court...more
Senate Bill 2, signed by Ohio Governor DeWine on April 27, 2021, makes various changes to criminal law regarding competency issues of defendants in criminal cases. Several of the revisions impact hospitals, including the...more
Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a final, appealable judgment, but a...more
We all know that a person can control who will own his or her property after death by signing a will. But when questions arise as to the circumstances surrounding the signing of the will, what can be done to challenge it? ...more
The President of First Bank of Buxboro Ernest “Big Daddy” Bux is growing older, and he’s showing it. Despite tightening bank regulations on lending and credit documentation, Big Daddy seems to be getting even more lax....more
Governor delivers budget address - Gov. Phil Scott delivered his budget address on Tuesday, focusing on the demographic crisis and a shrinking workforce as the state’s biggest challenges....more
Global Warming Solutions Act: asking for too much or not enough? The House Committee on Energy and Technology took testimony this week on the The Global Warming Solutions Act. University of Vermont Professor Jon Erickson...more
Rural Health Task Force presents report to health committee - The Rural Health Services Task Force presented its report to the House Health Care Committee on Tuesday. Green Mountain Care Board member and Task Force Chair...more
Paid Family Leave bill heading to a showdown - The Senate approved the conference committee report on the paid family and medical leave bill on Friday, with a vote of 20-9-1. H.107 will now head to the House for a vote....more
On November 15, 2017, the Second Circuit reversed by summary order the conviction of Joseph Tigano III on drug charges, determining that he had been deprived of his Sixth Amendment right to a speedy trial and indicating that...more
– Will Caveats or “The Family Feud” Part 2 – The North Carolina Court of Appeals continues to publish opinions in Will Caveat cases that could easily serve as a storyline from a daytime television series. One example...more
US Broker-Dealer, Its CEO and a Non-US Client Sued by SEC for Layering and Other Manipulative Schemes - Lek Securities Corporation (“LEK”), a US-registered broker-dealer and Samuel Lek, its 70 percent owner and chief...more
In order to set aside a Will after a person has died, a Caveator (the person attacking the Will) has three courses of action under the law. First, he can assert that the Testator (the person making the Will) was incompetent...more
Technology enables a deceased person to express wishes to his or her assembled family from beyond the grave, but states generally require wills to be physical documents that are written, signed and properly witnessed during a...more
In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more