Posts filtered by tags: Law[x]


 

Life Insurance: Is an Insurance Company Required to Contact a Beneficiary Upon Death of Policy Holder

My question involves insurance law for the state of: California. A friend advised me several years ago that upon his death, I would be the beneficiary of a small life insurance policy he purchased. He asked for my Social Security number, birth-date and correct spelling of my last name for the policy. However, he never provided me any other information about the policy. He is in a hospital, near death and I am reluctant to ask him about the policy. Is the company required/legally obligated t...
Tags: Insurance Law


Life Insurance: Is an Insurance Comp Required to Contact a Beneficiary Upon Death of Policy Holder

My question involves insurance law for the state of: California. A friend advised me several years ago that upon his death, I would be the beneficiary of a small life insurance policy he purchased. He asked for my Social Security number, birth-date and correct spelling of my last name for the policy. However, he never provided me any other information about the policy. He is in a hospital, near death and I am reluctant to ask him about the policy. Is the company required/legally obligated t...
Tags: Insurance Law


At the Saturday Mouse Cafe...

... you can talk about whatever you want. [Author: [email protected] (Ann Althouse)]


Lack Of "Clear Cut" Rules Leads To Rejected Claims Of Fraud On Law Partners

The California State Bar Court Hearing Department recommended a 30-day suspension of an attorney charged with (and largely absolved of) dishonesty toward his law partners. The four partner firm had no formal policy on pro bono matters While the Corporation... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Modifying 3-strikes theft enhancement would ↓ TX state-jail population

On Monday, the Texas House Criminal Jurisprudence Committee will hear a good little decarceration bill modifying the enhancement for misdemeanor three-strikes theft. This one should have been changed long ago.Under current Texas law, if at any time in your life you commit three incidents of misdemeanor theft, regardless of the value of the property, prosecutors can charge it as a state-jail felony. Even if the third "strike" is stealing candy from the grocery-store check-out line, prosecutors ca...
Tags: Kathy Mitchell


Other Injuries: Can You Sue a Guardian for Embezzlement and Murder of Your Spouse

My question involves civil rights in the State of: can I sue my dead husband's guardian and conservator? They robbed 1.3 million estates, left us homeless then murdered him. Can I sue them?
Tags: Accidents and Injuries


Civil Rights Issues: Husband Murdered by Guardian and Conservator

My question involves civil rights in the State of: can I sue my dead husband's guardian and conservator? They robbed 1.3 million estates, left us homeless then murdered him. Can I sue them?
Tags: Civil Rights


Non Sequiturs: 03.24.19

* In the wake of Justice Anthony M. Kennedy's retirement, I predicted that Chief Justice John Roberts, a staunch institutionalist when it comes to the Supreme Court, would serve as a moderating influence at SCOTUS -- and so far that seems to be the case, with Adam Feldman noting a "a mild liberalizing over time" in JGR's jurisprudence. [Empirical SCOTUS] * Speaking of SCOTUS, it's high time for the Court to resolve the messy circuit split on email privacy under the Stored Communications Act, ac...
Tags: Non-Sequiturs, Academic Freedom, Adam Feldman, American Bar Association / ABA, Brian Frye, Brian L. Frye, Christopher J. Ryan Jr, Demand Justice, Education / Schools, Email, Emails, Fastcase, Free Speech, John Roberts, Judicial Nominations, Judicial Nominees


Suspension and Revocation: Arrested for DUI and Had Dl Suspended, but DMV Sent Me a New Drivers License

My question involves a driver's license issued by the State of: California I was arrested 1/5/19 for suspicion of DUI. I blew a .09 and a .10. My license was taken from me by the arresting officer. A couple days later I requested a DMV hearing to challenge the suspension of my drivers license. While waiting for my criminal trial and my DMV hearing, the CA DMV sent me a DL renewal. My DL was set to expire in April 2019 and this was a typical DL renewal that they send out 2-3 months before the e...
Tags: Driver's Licenses


Business Ownership: Can Commission-Based Stylists be Members of a Manager-Managed LLC

My question involves business law in the state of: CA Hello and thank you in advance for your assistance! I own a salon in CA. For the last 11 years I have treated our stylists who get paid on commission as independent contractors/1099. I hand-write them checks biweekly for a straight commission of their service sales performed. I do not take out taxes or have worker's compensation for them (I do for my front desk staff, however). This was the industry standard for salons for a long time, even...
Tags: Business Law


Manager Managed LLC for Salon

My question involves business law in the state of: CA Hello and thank you in advance for your assistance! I own a salon in CA. For the last 11 years I have treated our stylists who get paid on commission as independent contractors/1099. I hand-write them checks biweekly for a straight commission of their service sales performed. I do not take out taxes or have worker's compensation for them (I do for my front desk staff, however). This was the industry standard for salons for a long time, even...
Tags: Business Law


Title Ownership: Lost Title - Owner Deceased

My question involves vehicle registration or title in the state of: NC How do I get a title for a vehicle that has sat on my property for 12-15 years. Owner has been deceased since early 90's. I simply want to get it removed due to being an eyesore on my property, however the salvage company I contacted said they need a title. I found out who owner was but he passed sometime in early 90's. Not sure what to do.
Tags: Vehicle Registration and Title


Transferring Title: How to Get Title Ownership of a Vehicle With a Lost Title, Owner Deceased

My question involves vehicle registration or title in the state of: NC How do I get a title for a vehicle that has sat on my property for 12-15 years. Owner has been deceased since early 90's. I simply want to get it removed due to being an eyesore on my property, however the salvage company I contacted said they need a title. I found out who owner was but he passed sometime in early 90's. Not sure what to do.
Tags: Vehicle Registration and Title


Harvard sued over slave daguerreotypes

Meritless lawsuits should not be welcome in our legal system: a woman who says she is descended from a slave photographed on the 1850 orders of scientist Louis Agassiz is suing Harvard for recovery of the early photo and for unspecified damages. [Joey Garrison, USA Today] Tags: Harvard, photography, reparations, statutes of limitations
Tags: Uncategorized, Harvard, Photography, Reparations, Statutes Of Limitations


Discredit On The Profession

The Law Society of British Columbia Hearing Panel declined to suspend an attorney who with his client's assistance accessed the spouse's Equifax credit report. On or about January 24, 2017, in the course of representing your client JR in a... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


"Pete Buttigieg is the antidote to the Endless Summer of Scam. He’s full of the elite qualifications that you might rightly suspect..."

"... but provides depth in real time before you. He went to Afghanistan, but hasn’t made himself out to be a war hero. He fluently draws parallels between Ulysses and American politics. He learned Norwegian to read a book. He learned Norwegian to read a book. He has a lot of sober, curveball theories about millennials and generational change.... This is a 37-year-old mayor. In any normal situation, we probably would not be talking about him in context of being president of the United States. But...
Tags: 2020 Campaign, Elizabeth Holmes, Fake, Pete Buttigieg


Is the Trump Derangement Syndrome fever breaking?

That the president of the United States owes his office to Russian help is not a theory. It's a matter of record. What we're waiting for Mueller to clarify is how much the president and his team knew about that Russian help before it was delivered. https://t.co/oGR2wvRkDd— David Frum (@davidfrum) March 23, 2019 [Author: [email protected] (Ann Althouse)]
Tags: Frum, Mueller, Trump derangement syndrome


"His sexual needs were his sexual needs, coming from whatever childhood he has or whatever DNA he has."

Said Barbra Streisand, about Michael Jackson, when she was asked about the new documentary "Leaving Neverland" (Variety).“You can say ‘molested,’ but those children, as you heard them say [later, as adults], they were thrilled to be there. They both married and they both have children, so it didn’t kill them.”When asked if she’s angry with Jackson, she replies, “It’s a combination of feelings. I feel bad for the children. I feel bad for him. I blame, I guess, the parents, who would allow their c...
Tags: MeToo, Empathy, Michael Jackson, Pedophilia, Streisand


"The Islamic State’s so-called caliphate has been defeated, a U.S.-backed force said Saturday..."

WaPo reports in "The Islamic State’s caliphate has been defeated, U.S.-backed forces say."I celebrate this victory, but please forgive me if I look immediately turn to WaPo's treatment of President Trump. The first mention of him is in paragraph 4, and it's negative:The militants switched gears as territorial defeat loomed, seeding sleeper cells across former strongholds as they prepared a new phase of insurgency. U.S. military officials have also warned that President Trump’s planned troop with...
Tags: ISIS, Journalism, Obama and the military, Obama's war on terror, Syria, Trump And The Military, Trump's war on terror, WaPo


"Maybe the real Mueller report was the friends we made along the way."

Wrote Hunter, in last night's café.This might be my #1 favorite comment ever. [Author: [email protected] (Ann Althouse)]
Tags: Hunter, Mueller


Judge No More

The Nevada Supreme Court administratively closed a judicial discipline matter involving a now-resigned judge. The Reno Gazette Journal reported A suspended Washoe County family court judge will resign his post at the end of the month and is barred from... [Author: Legal Profession Prof]
Tags: Judicial Ethics and the Courts, Legal Profession Prof


Solo

The Wisconsin Supreme Court publicly reprimanded an attorney for, among other things. practicing while suspended Attorney Burton was admitted to practice law in Wisconsin in 1997. Her law license is currently subject to administrative and temporary suspensions. On October 31,... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Chain Of Broken Promises

The New Hampshire Professional Conduct Committee recommends a three-year suspension of an attorney with 18 months stayed. The attorney has been retained to defend a lawsuit and had neglected the matter which resulted in a "chain of broken promises...and lies... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Colorable Claims And Sanction Due Process Addressed By Iowa Supreme Court

The Iowa Supreme Court imposed a suspension rather than a proposed license revocation In this matter, the Iowa Supreme Court Attorney Disciplinary Board brought a series of charges against attorney Eric Parrish related to his handling of a payment made... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


March Madness

The United States Court of Appeals for the Fourth Circuit affirmed the dismissal of claims brought by former CBS investigative reporter Sharyl Attkisson alleging government surveillance of her home and work computers. She had claimed that the surveillance came in... [Author: Legal Profession Prof]
Tags: Legal Profession Prof


Unaccounted For

The Virginia State Bar Disciplinary Board accepted an attorney's license revocation. News & Advance reported The license of a Lynchburg-area attorney and former prosecutor, who is accused of financial misconduct involving past clients, has been revoked. Cherie Anne Washburn signed... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Ponds Scam Fails As Ethical Bar Counsel Uncovers Perjured Testimony In Its Own Case

A most unusual District of Columbia Ad Hoc Hearing Committee report recommends dismissal of all charges against an attorney. Disciplinary Counsel presented its case-in-chief on February 11-12, 2019, and called the following witnesses: Ernie Davis (Respondent’s client and the complainant);... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Inconvenient Facts

The New Jersey Supreme Court ordered the disbarment of an attorney based on this harsh assessment of the Disciplinary Review Board Here too, it was difficult to follow respondent’s timelines, logic, and defenses or excuses for the conduct he has... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Medical Malpractice: Infection Led to Cellulitis and Osteomyelitis Due to Delay of Treatment

My question involves malpractice in the state of: California Last year I injured my foot, it was a small cut, but I am diabetic and knew the seriousness of even a very small cut. I had just moved to California, so I had to find a doctor in an area I really didn't know well. The doctor that I had found never looked at my wound simply took my word that it was there and told me he would try to get me in to see a podiatrist, but it may take 3 months for them to see me. This, I was informed was t...
Tags: Malpractice Law


Medical Malpractice: Is My Case Worth Pursuing

My question involves malpractice in the state of: California Last year I injured my foot, it was a small cut, but I am diabetic and knew the seriousness of even a very small cut. I had just moved to California, so I had to find a doctor in an area I really didn't know well. The doctor that I had found never looked at my wound simply took my word that it was there and told me he would try to get me in to see a podiatrist, but it may take 3 months for them to see me. This, I was informed was t...
Tags: Malpractice Law