Even though a correctional officer failed to answer an inmate’s complaint within the required time period, the U.S. District Court for the Western District of New York granted the officer’s motion to vacate the default judgment against him. In ruling ...
Read More »Realtors cautious about tax talk
By now homeowners have received their holiday gift from respective revenue collectors informing them of how much they owe in real estate property tax by Dec. 31. And whether those taxpayers have already mailed in a check to cover this ...
Read More »Circuit court could have re-allocated tax returns
A circuit court erred when it ruled it could not modify a couple’s allocation of tax returns, the Missouri Court of Appeals for the Western district ruled in an affirmed in part, reversed in part decision. In Michelle Young, Appellant ...
Read More »Choice of commercial carrier leads to missed filing deadline
Snail mail may be dying out in the face of newer technologies, but the lawyers of Missouri will continue to use the U.S. Post Office to file their notices of appeal in light of an opinion handed down by the ...
Read More »U.S. appeals courts to charge $150 membership fee
Beginning Jan. 1, a $150 national membership fee will be collected for attorneys admitted to practice in any circuit of the U.S. Court of Appeals. The fee was imposed under the direction of the Judicial Conference of the United States. ...
Read More »Lawyers must report non-practicing lawyer misconduct
Lawyers have an ethical obligation to report misconduct by other lawyers, if the misconduct raises a substantial question about the offending lawyer’s honesty, trustworthiness or fitness to practice law. They must report the misconduct even if it occurs totally removed ...
Read More »Summary judgment not appropriate in lawsuit
Questions and miscommunications surrounding a lease agreement that was partly written, partly typed and partly oral negate the trial court’s summary judgment, ruled the Missouri Court of Appeals, Eastern District, on Tuesday. The five-year lease between property owner Behlmann Investments ...
Read More »U.S. Court of Appeals upholds evidence found during search
Where the defendant was convicted of possession of cocaine with intent to distribute and possession of ammunition by a career criminal, the U.S. Court of Appeals for the Second Circuit held his conviction should be upheld. In United States v. ...
Read More »Employers must work to reach younger workers
As older workers retire, employers have to find new ways to appeal to younger workers, said Ed Barlow, president of Michigan-based Creating the Future Inc. “It is forecasted that because of an aging population, we may not have enough workers ...
Read More »Raising the Bar – Brush up your bankruptcy
Prior to 1833, right here in America you could be thrown in jail if you failed to pay your debts. It would not matter who you were. Robert Morris, financier of the American Revolution and signer of the Declaration of ...
Read More »Wrongful death settlement was not marital property
The marriage appeared to end amicably – with both sides agreeing marital conduct was not an issue and that the wife should have custody of the twins – but the exes still found themselves before an appellate panel sorting out ...
Read More »