Blawg

Defendant and Counsel Ordered to Pay Sanctions for Repeated Refusal to Comply with Discovery Demands

by ASchlossberg September 5, 2017 Blawg

As litigation proceeds from the initial pleadings stage to the commencement of discovery, parties often find themselves facing an opponent who is less than willing to comply with fair and reasonable demands to produce records and information that are necessary and relevant to the action.  Indeed the frequent reluctance of judges to punish parties for […]

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To Partner or Not to Partner

by ASchlossberg July 20, 2017 Blawg

Plaintiff in Hammond v. Smith, NYLJ 1202792787736, at *1 (App. Div. 4th Dept. 2017) appealed the dismissal of his complaint which sought damages for breach of an alleged oral partnership.  Since there was no written agreement, the court was compelled to consider extraneous factors — the parties’ intent, whether there was joint control and management […]

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Polygraphs in the Criminal Justice System

by Allen Browning September 15, 2015 Blawg

In the criminal justice system, the prosecutor is obliged with bringing justice. That means, even though someone comes into his or her office complaining of being wronged, the prosecutor has an obligation to try to determine who is at fault and who is telling the truth about an incident. Sometimes, when an accused in a felony […]

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Legal Theft By Adverse Possession

by Allen Browning August 12, 2015 Blawg

While I handle only personal injury cases and criminal defense cases,  on occasion I am contacted by someone who is particularly irritated by a neighbor who has constructed a fence on the wrong side of the property line which separates the two; the complaining party is mad that he no longer has the use of […]

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Getting Confessions: The Reid Interrogation Technique

by Allen Browning August 11, 2015 Blawg

Various methods have been used in police interrogations to elicit a confession. By far the most popular method used for over seventy years is the Reid Technique. This interrogation method assumes guilty suspects can be identified from certain behavioral cues. It is said to be proven as highly effective at getting confessions; however, there has […]

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Tips on how managed print services can reduce your law firm’s overheads

by Alex Hutchinson February 10, 2014 Blawg

There are massive opportunities to reduce your law firm’s spend on A4 Desktop Printing using Managed Print Services. The real bonus is you can realise these “bottom line” savings immediately with NO CAPITAL OUTLAY! – All you have to do is find the right supplier / partner to review this area with… and make it […]

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Mims v. Arrow Financial Services, LLC: Lawsuits Stemming from Automated Phone Calls Can be Brought in Federal or State Courts

by Adam J Krohn January 9, 2014 BigLaw

The Telephone Consumer Protection Act (TCPA) was in enacted in 1991 in response to consumer complaints about the abuses of telephone technology. It was determined by Congress that because telemarketers were escaping state prohibitions on nuisance calls, federal legislation was necessary. Some of the invasive telemarketing practice the TCPA bans include: Placing automated calls to […]

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The Impact of Drug or Alcohol Abuse on Government Disability Cases

by Brad January 7, 2014 Blawg

(US law) Drug or alcohol use can potentially impact the outcome of a social security claim and will be determined by the Social Security Administration (SSA). A professional social security doctor or advocacy professional is recommended to explore individual claimants cases further. Contributing Factor? The Social Security Administration is required to evaluate whether or not an individual’s substance […]

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Vincent v. The Money Store: Broadens the “False Name” Exception to the FDCPA

by Adam J Krohn December 10, 2013 BigLaw
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Lasting Powers of Attorney and Enduring Powers of Attorney.

by EdwardHandsandLewis December 2, 2013 Blawg

By Emma Fuller, Director at Edward Hands and Lewis After Lasting Powers of Attorney or Enduring Powers of Attorney have been made by a Donor (ie the person who has entered into the Lasting Power if Attorney) they can be revoked They can be revoked by the Donor if the Donor still has the mental […]

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Debt Collectors Cannot Engage in Conduct that Harasses a Consumer When Attempting to Collect a Debt

by Adam J Krohn November 28, 2013 Banking

The purpose of the Fair Debt Collection Practices Act (FDCPA) is to stop debt collection practices that are abusive and to protect the consumer.  Under the FDCPA, 15 USC Section 1692d, debt collectors cannot engage in conduct that is meant to harass, oppress, or abuse a person when attempting to collect a debt.  More specifically, […]

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Estate Planning Basics for Aging and Infirm Parents

by oberdorferlaw November 22, 2013 Blawg

One of the quickest ways to learn about the importance of having a solid and comprehensive estate plan is having to facilitate the process for elderly parents who encounter unexpected hardships. For adults with parents in their seventies or eighties, emerging health care issues may be the catalyst for decisions about factors not considered by […]

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The Consumer Financial Protection Bureau Wants to Hear from Consumers about their Bad Experiences with Debt Collectors

by Adam J Krohn November 14, 2013 BigLaw

Many people have bad experiences with debt collectors and the Consumer Financial Protection Bureau (CFPB) wants to hear about them.  They are preparing to update the rules that govern how debt collectors communicate with borrowers and they are seeking information from both debt collection companies and consumer advocates to help them prepare the new rules.  […]

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Lenders are not Required to Report to the Three Credit Bureaus

by Adam J Krohn November 13, 2013 Banking

(US law & generally) How information is supplied to the three credit reporting agencies is governed by the Fair Credit Reporting Act (FCRA). However, the law does not say that lenders are required to report any information to them. Major banks generally do report information to all the credit bureaus. Credit unions and small local […]

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The Utterant Comic: Seemed Like a Good Idea at the Time

by The Utterant November 4, 2013 Blawg

A comic about the inventor of the duty of care in negligence… drawn by the Utterant. The Utterant’s legal cartoons are published every Monday here and at www.utterant.co.uk

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Debt of a Loved One After Death

by Adam J Krohn November 3, 2013 BigLaw

When a loved one dies it can be difficult to cope, not only with the death but also with the added pressure of creditors who call to collect debts. You may question whether the debt collector can collect on the debt from family members. The answer to that question depends on several factors. Our experienced […]

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Blog – Lending at an ultimate high

by EdwardHandsandLewis November 1, 2013 Blawg

By Jenna Mistry Latest figures have shown Mortgage Lenders are financing the largest house spree in the last five years. The Council of Mortgage Lenders has suggested first time buyer mortgage lending has also increased by almost a third within the past 12 months. This increase has come about even before the second phase of […]

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7 Secrets Nursing Homes Don’t Want You to Know

by JBryantLaw October 25, 2013 Blawg

Secret #1: Pressure Ulcers (Bed Sores) are avoidable! Secret #2: Nursing home employees may falsify medical records to cover up neglect. Secret #3: Government agencies do not have enough staff or funding to adequately police nursing homes. Secret #4: After a nursing home injury or death, it is important to seek immediate legal consultation. Secret #5: You can find a […]

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What Corporations Should Know About the FCC’s New Telemarketing Rules: Effective October 16, 2013

by Adam J Krohn October 24, 2013 BigLaw

Last year the Federal Communications Commission (FCC) adopted several very significant changes to the Telephone Consumer Protection Act (TCPA).  The changes to the regulations have become effective on October 16, 2013.  Two of the changes include: A requirement that written consent be obtained prior to a business placing a call; and The “established business relationship” […]

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The Court of Protection – Open to the public?

by EdwardHandsandLewis October 24, 2013 Blawg

The new president of the Family Division courts has echoed previous plans to make the Court of Protection open to the public. The plans have been talked about for some time now, and it was reported yesterday that the new president Sir James Munby agreed with the plans. The Court of Protection makes important decisions […]

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Costco Sells Prepared Foster Farm Rotisserie to Salmonella Victims

by rsimonlaw October 24, 2013 Blawg

Costco is again at the middle of a recall, this time recalling products made with Foster Farms chicken and sold at its El Camino Real store in South San Francisco, California.  The products subject to recall include Kirkland Signature Foster Farms rotisserie chickens, Kirkland Farm rotisserie chicken soup, rotisserie chicken leg quarters, and rotisserie chicken […]

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Are Mirena Birth Control Lawsuit Trials On the Horizon?

by RodneyW October 24, 2013 Blawg

Hundreds of Mirena IUD birth control cases have been filed across the country, with the first trials expected in 2015.  Thousands more of these cases may be filed in the future. The discovery process has begun in Mirena birth control lawsuits filed in federal courts and in New Jersey state courts.  The first trial dates […]

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Defendants Will Pay $1 Million to Settle the First Case Brought by the FTC that Alleges Text Messages Were Used in an Illegal Debt Collection Scheme

by Adam J Krohn October 16, 2013 Banking and Finance Law

In the first Federal Trade Commission (FTC) action against a debt collector who used text messaging in their efforts to collect debts in an unlawful manner, the California based collector will pay $1 million to settle the charges that they violated federal law. It was alleged by the FTC that Archie Donovan and two companies […]

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Know When to Settle and When to Go to Trial

by Theodore Spaulding October 4, 2013 Blawg

As an Atlanta attorney trying complex business matters throughout metro-Atlanta, I found a 2008 study finding that settling a case is better than going to trial in most instances rings just as true today as it did five years ago.  The New York Times article outlining the study indicates that “lawyers and clients in civil […]

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The Better Business Bureau Advises Consumers About Legitimate Debt Collectors vs. Scammers

by Adam J Krohn October 3, 2013 BigLaw

The Better Business Bureau (BBB) has recently issued an alert about the growing number of complaints about scam debt collectors over the past year.  The BBB also advised consumers to learn about how to determine what is a legitimate debt collection effort and what is a scam.  This can be a difficult assessment because some […]

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