Lawyers Blawgs

Blawg posts published by lawyers about the law and lawyers. Further posts on these subjects welcome.

The Best Defense: 7 Reasons You Should Hire an Attorney to Handle Your Case

by Legal Author June 19, 2018 Lawyers

The main reason why so many people aren’t certain whether to get an attorney to represent them in court, is the potential for money savings this would bring. But unless you’re highly trained in handling legal cases, this is a recipe for disaster. Simply put, you stand to lose more than there is to gain. […]

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Hacking Privileged Communications Warrants Striking Answer

by ASchlossberg December 1, 2017 Blawg

The plaintiffs in Iris Mediaworks, Ltd v. Vasisht, NYLJ 1202791048431, at *1 (Sup. Ct. N.Y. Co. 2017) made a motion to strike the defendant’s Answer based on allegations that defendant “stole privileged and confidential e-mails.”  Plaintiffs alleged that their Chairman and Managing Director discovered that all of the emails in his account had been forwarded […]

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Insurance Coverage Can Not be Created by Untimely Disclaimer

by ASchlossberg November 2, 2017 Blawg

In an action commenced by plaintiff insurance provider seeking a declaratory judgment that plaintiff was not obligated to defend or indemnify the defendants in connection with a car accident, plaintiff moved for summary judgment.  Defendants opposed the motion by asserting that plaintiff failed to timely disclaim coverage for the accident.  At the time of the […]

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Labor Law Claims Dismissed Based On Proximate Cause

by ASchlossberg October 20, 2017 Blawg

The plaintiff in Merendino v. Costco Wholesale Corp., NYLJ 1202793125729, at *1 (Sup. Ct. N.Y. Co. 2017) commenced an action against multiple defendants based upon injuries he suffered when he fell from a scaffold while working on a construction site.  Plaintiff asserted a cause of action for common law negligence and a number of labor […]

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10 Ways Social Media Has Changed How Lawyers Operate 

by YouBlawg September 8, 2017 Law firm marketing

Contribution from an author in the legal sector explaining 10 of the ways social media has changed how lawyers operate:- Chances are, you are among one of the 1.23 billion monthly active users on Facebook… Or, if not, you might be a user of various other social media sites such as Twitter, Instagram, or even […]

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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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Transfer on Death Deed Under the Texas Real Property Transfer on Death Act.

by Friscowill August 19, 2015 Estate Planning

The Texas Real Property Transfer on Death Act, found under Chapter 114 of the Texas Estate Code, provides that after September 1st, 2015 the State of Texas will recognize a deed which transfers property upon the death of an individual. This opens new possibilities to Estate Planning which allows an individual to create a deed […]

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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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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category of products. Yo-yo, Escalator, and […]

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Depositions: A New Direction for New York

by ASchlossberg February 9, 2015 Administrative Law

Depositions: A New Direction for New York New York is making a significant change on the deposition front. A new deposition rule for the New York Commercial Division is on the horizon. Effective April 1, 2015, under Administrative Order 336a/14, New York courts will enact Rule 11-d of Section 202.70(g) per a December 22, 2014 […]

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£100 Million+ Shortfall Being Faced By Family Law Firms

by PaulReflect September 2, 2014 Family Law

In the latest family law news, it’s been estimated that high street law firms in charge of legal aid family cases are to face a significant short falls in fees. A huge legal aid funding drop of around £110 million has been predicted. The estimate was supplied by Lawyer Supported Mediation (LSM) after the organisation […]

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Top Seven: World’s Most Bizarre Footballing Accidents

by hellen July 10, 2014 Lawyers

With the World Cup well and truly under way, like it or loathe it, football is the subject that is on everyone’s lips. No matter what you think of the Beautiful Game, you have to admit that a footballer’s life is a pretty enviable one: millions in the bank and a beautiful partner on your […]

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Hague Convention Adoptions

by Joseph Law Firm January 21, 2014 Immigration Law

Citizenship & Immigration Services Issues Policy Memorandum for Determining Habitual Residence in United States for Hague Convention Adoptions By Melanie Corrin, Senior Attorney On December 23, 2013 the United States Citizenship & Immigration Services (USCIS) issued a Policy Memorandum, effective immediately, which serves to clarify the criteria adjudicating officers must follow in determining whether or […]

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New Hampshire House Considers Bill on Legalizing Marijuana This Month

by Justin Shepherd January 14, 2014 Criminal Defence Lawyers

When Will Marijuana Become Legal in New Hampshire? This week the New Hampshire House will consider the bill on whether to legalize up to 1 ounce of marijuana for ages 21 and older for recreational use. Supporters are proposing to tax the drug when sold at a retail rate of $30 per ounce. In addition, […]

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Freezing the Assets

by EdwardHandsandLewis December 20, 2013 Divorce

By Martin Hill, Edward Hands and Lewis I know its December but asset freezing is nothing to do with the weather. What we have here is the court’s ability to prevent property  being transferred away by one spouse so that it does not form part of the overall pot on divorce. It is often a […]

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The New Homeowner’s Bill of Rights: What to Expect?

by charles06frank December 5, 2013 Lawyers

While foreclosure crisis is still prominent in some parts of the country, Nevada is not hit by this crisis, seemingly. In fact, in the first half of 2013, Nevada has the highest foreclosure rate in the country, just behind Florida. Foreclosure issue has always been plagued with one problem. The lenders have never presented the […]

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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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What is Certified Guardian Ad Litem?

by TBeauregard November 28, 2013 Divorce

(US law/generally) A Guardian is simply a person who has the legal authority to care for another person. The term Ad Litem is a legal term used to refer to the appointment by a court of one party to act in a lawsuit on behalf of another party. Family court cases regarding guardianship can become […]

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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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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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Sandusky Victims $60 Million Settlement Highlights Leverage Provided by Expert Witnesses in Sexual Abuse Lawsuits

by theexpertinstitute October 31, 2013 Commercial Litigation and Dispute Resolution

Pennsylvania State University announced on Monday that they will pay an aggregate of $59.7 million to settle claims from 26 victims of sexual abuse. The university’s former assistant football coach, Jerry Sandusky, was unanimously found guilty of 45 criminal counts relating to the sexual abuse he inflicted upon eight young boys he met at The […]

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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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