Society


 

Heirs and Beneficiaries: Pension Company Says Designated Beneficiary is Not Due Payout

My question involves estate proceedings in the state of: CA My mother had a pension, unbeknownst to us, that they contacted her about. I am named the beneficiary on their records. My mother was unmarried at the time of her passing. She completed the forms, but did not receive any payment, she chose the lump sum, before she passed. The company says because she initiated a payout, but died before the process was completed, I am NOT entitled to the benefit as a non spouse beneficiary. I canno...
Tags: Law, Estate Planning, Administration And Probate, Eastern Washington


‘Ghost’ Handguns And ARs Confiscated

Ridiculous news from a reader. A Port Washington man hoarded more than two dozen guns and assault rifles — including about a dozen untraceable “ghost guns” — and thousands of rounds of ammunition in his home, Nassau County police said Saturday, the day after his arraignment on weapons possession charges. Nassau County police, State Police and the FBI’s Joint Terrorism Task Force arrested John Dejana, 47, following a search warrant Thursday at his home on Slocum Avenue, authorities said. Dejana, ...
Tags: America, Fbi, Military, Gun Control, Smith, Nassau County, Nassau, Louis Vuitton, Kevin Smith, State Police, Hempstead, Mineola, NFA, First District Court, Port Washington, Madeline Singas


CNN Tries To Get Interior Department Official Fired For Opposing Jihad Violence

PJM. So it turns out that the acting director of the Interior Department’s Bureau of Land Management, William Perry Pendley, has denied the Left’s “climate change” mythology, and opposes jihad violence and illegal immigration. CNN’s Andrew Kaczynski is out for blood, trying to get Pendley for heresy, that is, for his dissent from Leftist orthodoxy. Leftists want you and your family to suffer – to terraform the nation, to see violence and to redistribute your wealth through whatever means they ca...
Tags: Politics, Cnn, Military, Interior Department, Bureau of Land Management, Andrew Kaczynski, Pendley, William Perry Pendley


Might as well face it, "we're addicted to jail"

With apologies to Robert Palmer, this recent Hill commentary by David Oscar Markus has me wanting to riff on a rock classic: Whoa, you like to think that we're a nation that's free, oh yeah It's closer to the truth to say we can't let people be You know you're gonna have to face it, we're addicted to jail The last phrase of my tortured lyric here is the headline of the Hill commentary that should be read in full.  Here are its closing flourishes: We issue jail sentences like candy, to...
Tags: Supreme Court, Law, Iraq, United States, Hill, Cato, Cato Institute, Somerville, Ohio State Michigan, Russia Iran, DeAndre, Robert Palmer, Douglas A Berman, David Oscar Markus, Michigan Ohio State


Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act

As regular readers know, in prior posts I have made much of a key provision of the FIRST STEP Act which now allows federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons.  I see this provision as such a big deal because I think, if applied appropriately and robustly, this provision could and should enable many hundreds (and perhaps many thousands) of federal priso...
Tags: Law, Congress, US, Iowa, Booker, Brown, Pratt, District Court, Robert Pratt, ECF, Daniel Brown, Bureau of Prisons, Douglas A Berman, LWOP, New District Court


Clothing Optional Events Should Not Be Law Firm Events — See Also

No, You Shouldn't Have A Law Firm Event At A Burlesque Show: I don't care what the Napoleonic Code says. Minority Attorneys Are Making Partner, But There's A Catch: Because of course. Justice Alito Gets Petty: Precedent, schmecedent. What Do In-House Counsel Think About New Privacy Regulations? It's a mixed bag. Anti-Semitic Graffiti At Yale Law School: And right before Yom Kippur too. 
Tags: Law, Alito, Yale Law School, See Also


Police Conduct: Out of State Raid

My question involves police conduct in the State of: Indiana. How can Indiana State Police Raid a home in Illinois?:confused: I have asked google & no matter how I reworded the Question I kept hitting a brick wall!:wallbang:
Tags: Law, Indiana, Illinois, Police Investigations


Disability Benefits: Disability How Difficult is It to Get

One of my children age 38, has developed a medical condition. He passes out, sitting or standing, with the main risk being striking their head and potentially dying from the head injury. He has been in the ER three times in the last 18 months , once with bad scalp cuts due to hitting his head. All tests on the heart and brain conceivable including wearing monitors for weeks at a time have been performed and nothing conclusive has been found other than the sudden drop in BP causing the eve...
Tags: Law, Ada, Social Security Law, DR


The Bigger They Are The Harder They Fall

The Great Recession was a heckuva thing.
Tags: Law, Bankruptcy, Trivia Question of the Day


The Investigation Of The Murder Of Joshua Brown Cannot Be Left To Dallas Police

Unfortunately, nobody in law enforcement has any credibility anymore when it comes to black lives.
Tags: Law, Police, Dallas, Joshua Brown, Amber Guyger


Behavior Regulation: On the Legality of Employer Mandated Microchipping

My question involves labor and employment law for the state of: New York and U.S.A. in general Recently I was made aware that a company in Wisconsin has had employees volunteer to implant microchips into their hands in the areas between thumb and forefinger. These chips are said to only contain an RFID device or coding to aid employees in opening certain doors in their facility as well as purchasing items from an on location vending machine. It sounds like something from a bad sci-fi conspiracy...
Tags: New York, Law, Wisconsin, Employment and Labor


Benzos And Bombers: Street Artists Stymied By Little-Known AWCPA

These street artists may want to port their spray cans, brushes, and briefs on over to the Sixth Circuit, and seek redress.
Tags: Art, Sixth Circuit, Law, Copyright, Intellectual Property, Art Law, James Lewis, Scott Alan Burroughs, Jeff Soto, Maxx Gramajo, Daniel Bombardier, Mercedez-Benz


"Which Wife Beater [Is] Next?" Workplace Behavior Draws Suspension

An attorney's abuse of co-workers and others drew 30-day suspension from the Law Society of Saskatchewan. Saskatoon StarPhoenix reported on the bar matter and notes that he is no longer Director of Legal Services. A former Legal Aid Saskatchewan director... [Author: Legal Profession Prof]
Tags: Law, Legal Profession Prof, Bar Discipline & Process, Law Society of Saskatchewan Saskatoon StarPhoenix, Legal Aid Saskatchewan


Fiduciary Not Friend

The New York Appellate Division for the Second Judicial Department found violations of the rules prohibiting commingling and misappropriation notwithstanding the referee's contrary conclusions. Setting Schneider requested the respondent’s assistance in obtaining a loan from Schneider’s father, John Gannon, to... [Author: Legal Profession Prof]
Tags: Law, Schneider, Legal Profession Prof, Bar Discipline & Process, John Gannon


ABA Ethics Opinion On Judges, Social Media, Friendships, and Disqualification

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** Judges are supposed to be neutral arbiters. Unfortunately, in the real world, that’s sometimes easier said than done. Ideally, judges would have no connection to the parties and lawyers appearing before them, and thus would be fully impartial. Judges, however, are human. They have close personal relationships, friendships, and many acquaintances. Judges are also lawyers, and as a result, they often...
Tags: Facebook, Florida, New York, Law, Social Media, Ethics, Web/Tech, Thomson Reuters, Aba, Committee, ABA Journal, State, Rochester New York, Fourth District Court of Appeal, Supreme Court of Florida, Daily Record--Legal Currents Column


Restricted Not Suspended

The Tribunal Hearing Division of the Ontario Law Society concludes that an interim suspension is not appropriate but that the attorney should be subject to practice restrictions Barbara J. Murchie (for the panel):– The Law Society brings a motion for... [Author: Legal Profession Prof]
Tags: Law, Law Society, Legal Profession Prof, Bar Discipline & Process, Tribunal Hearing Division, Ontario Law Society, Barbara J Murchie


"Unsalvageable"

The Pennsylvania Supreme Court imposed reciprocal disbarment of an attorney so sanctioned in New Jersey. NJ.com reported Peter Cresci, the city’s former business administrator, was disbarred by the state Supreme Court after an ethics board stated he had been “engaging... [Author: Legal Profession Prof]
Tags: Supreme Court, Law, New Jersey, Pennsylvania Supreme Court, Legal Profession Prof, Bar Discipline & Process, Peter Cresci


Insurance Agent Successful in Dismissing Insureds' Claims for Fraud

    The Federal District Court for Hawaii granted Moa Insurance Services Hawaii's (Moa) motion to dismiss the insureds' complaint alleging that they had been forced to purchase worthless surplus lines policies for volcano damage.  Aquilina v. Certain Underwriters at Lloyd's Syndicate #2003 , 2019 U.S. Dist. LEXIS 165866 (D. Haw. Sept. 26, 2019).     The insureds purchased surplus lines homeowners insurance policies with the assistance of two retail brokers, Pyramid Insurance Centre, Ltd., and Mo...
Tags: Insurance, Hawaii, Lloyd, Moa, Kilauea Volcano, Federal District Court, Tred Eyerly, Bad Faith, Haw, Aquilina, Broker's Negligence, Volcanic Eruption, Moa Insurance Services Hawaii, Pyramid Insurance Centre Ltd


Sears Bankruptcy Case Reaches ‘Good Luck Suing Eddie Lampert’ Phase

Because there’s not enough money coming from anywhere else.
Tags: Law, Bankruptcy, Eddie Lampert


Hearing Set for Thursday on Restaurant Tip Credit Bill, Days after DOL Proposed Guidance

A hearing is set for Thursday on draft legislation to “fix” a bill that had been earlier vetoed and that I discussed in a post earlier this week.  CTNewsJunkie.com was first to report on the details earlier Wednesday. The bill comes at an interesting crossroads in restaurant wage/hour law. Earlier this week, the U.S. Department of Labor released proposed guidance that would give restaurants far greater latitude in deciding on tip pools and the application of the tip credit. Indeed, the proposed ...
Tags: Work, Law, Uncategorized, Service, Connecticut, Deal, Bill, General Assembly, DOL, U S Department of Labor, Laws and Regulations, Wage & Hour, Ctdol, Legislative Developments, Usdol, Tip Credit


3 Reasons Why It Is Difficult To Determine Whether A Worker Is An Employee Or An Independent Contractor

Determining the line that separates an employee from an independent contractor is difficult due to different rules being enforced differently.
Tags: Law, Independent Contractors, Gig Economy, Labor / Employment, Steven Chung


Relist Watch

John Elwood reviews first Monday’s relists. The beginning of October Term 2019 finds the Supreme Court once again mired in controversy about basic workplace protections. While the world may be losing its collective mind about important issues, I get to focus on the calming mundanity of compiling relists for the ninth straight term — beginning in such a distant past that I hyphenated the then-unfamiliar term “Re-list.” We have a dozen relists out of the long conference — down from last year’s 17 ...
Tags: Featured, Maryland, Supreme Court, Law, Planned Parenthood, Stanford, Court, Indiana, United States, Malaysia, Arkansas, Sharp, Pope, Oklahoma, Johnson, Department Of Homeland Security


Struck Illegally Parked Car While Avoiding an Accident with Another Car

This occurred in California So this morning as I was leaving my husband’s work, a truck towing three other trucks entered the parking lot and being a truck carrying such a large load they took the turn very wide and wound up taking up the vast majority of the entryway, effectively cutting me off. I waited for them to go by, but after it was clear they could not continue moving forward without hitting my car they stopped and waited for me to go. I attempted to navigate the small space to clear...
Tags: Law, California, Audi, Accidents and Injuries


Yup, Nonequity Partnership Is Used Disproportionately For Minorities

This is a disturbing, though not unexpected trend.
Tags: Law, Diversity, Biglaw, Partner Issues, Non-Equity Partners, The Jabot, Nonequity Partners


US counter-terrorism analyst charged with leaking classified materials

Information Henry Kyle Frese passed to journalist appeared in at least eight news reports, DoJ alleges in indictmentUS politics – live updatesA counter-terrorism analyst with the US Defense Intelligence Agency was arrested on Wednesday over charges he had leaked classified materials about a foreign country’s weapons system to two journalists, in 2018 and 2019, the US Department of Justice Department (DoJ) said in federal court filings.Information that 30-year-old Henry Kyle Frese had passed to a...
Tags: Law, Virginia, US, US news, US Defense Intelligence Agency, Law (US, Henry Kyle Frese, US Department of Justice Department DoJ


"The Brain in Solitude: An (Other) Eighth Amendment Challenge to Solitary Confinement"

The title of this post is the title of this new paper recently posted to SSRN authored by Federica Coppola.  Here is its abstract: Solitary confinement is not cruel and unusual punishment.  It is cruel and unusual if one or more of its accompanying material conditions result in a wanton and unnecessary infliction of pain upon an individual.  This requirement is met when such conditions involve a “deprivation of basic identifiable human needs” to an extent that they inflict harm or create a “sub...
Tags: Supreme Court, Law, Douglas A Berman, Federica Coppola


Phil Vassar Is A Poet, And If You Can’t Get Through Your Day By Listening To His Beautiful Words, You Are A Monster

The next time you need to juice your billable hours on a late afternoon or early evening, look up Phil Vassar’s greatest hits on YouTube.
Tags: Country Music, Law, Finance, Phil Vassar, Abuse Of Power, Jonathan Wolf


Buyer Walking Away from Mobile Home Sale with Lien on It

My question involves real estate located in the State of: Iowa We sold a mobile home for $5,000 on contract in May 2019. When we sold it, we signed the title over to her, but put a lien on it in our name. She has paid $2000 on it, and is now saying she can't afford it and is walking away from it. While she made every monthly payment to us for the agreed upon $220, she just informed us that she has never paid lot rent for the time she has been there. We had drawn up an initial contract, but it...
Tags: Law, Iowa, Buying, Selling and Conveying Real Estate, Lien



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