Guardianship involves a situation where a court appoints one person (the Guardian) to make decisions regarding personal and financial matters of another individual (the ward). In New York, a Guardian may be appointed under Article 81 of the New York Mental Hygiene Law by a Supreme Court judge or Article 17A of the Wills, Trusts & Estate Law by … [Read more...]
Personal Injury Structured Settlement
It is becoming more common in the settlement of large personal injury cases for the settlement to "be structured". A structured settlement establishes a program whereby the injured person receives a regular predictable series of payments over a period of years instead of a lump sum payment. These payments can be set up in a manner as to compensate … [Read more...]
Five Million Dollars for Drowning Victims’ Families
In 1997, Eugenie Poleyeff, went swimming on 29th Street and Collins Avenue in Miami Beach. Eugenie ran into trouble and screamed for help. Zachery Breaux, a jazz guitarist, jumped into the water. Zachery's wife and children ran up and down the beach looking for a life guard. Zachery eventually reached Eugenie in the water. However, he was not able … [Read more...]
False Arrests & Wrongful Shooting By Police
A couple in Louisville, Kentucky were looking for a hotel room. They had their two young children in the car. Two unmarked cars blocked their vehicle and men emerged from these vehicles with guns in their hands. The man (Mr. Brewser), thinking the couple were going to be robbed fled nearly ran over one of the men with drawn guns. Eventually, he … [Read more...]
Ridiculous New York Divorce Law Promotes Dishonesty
On December 24, 2009, Judge Matthew F. Cooper, sitting in th Supreme Court of New York County, rendered a decision on the case of Davis v. Davis, 89 N.Y.S.2d 611, 2009 WL 3863026, 2009 NY Slip Op 08579. Mr. Davis brought an action for a non-contested divorce, claiming his wife constructively abandoned him. This means she had no sex with him for a … [Read more...]
New Orleans Settles Police Misconduct Lawsuits
Steven Elloie, was a bar manager, working in the Sportsman's Corner Bar in New Orleans in July 2006. Elloie was in a rear stockroom involved in inventory control when several police officers came into the bar. They were looking for two black men at the time. There were more a dozen customers in the bar who advised the police that there was no one … [Read more...]
Foreclosure Rates Going Up in 2010
Projections have been made that there will be as many as 3,000,000 foreclosures in the United States in 2010. This will surpass the foreclosure rate for 2009. The United States Treasury Department has been in negotiations with many of the country's largest financial institutions regarding their participation in a new second mortgage program … [Read more...]
To Taser Or Not To Taser
(The "Don't Tase Me Bro!" Video - See minute marker 1:50) The United States Court of Appeals for the Ninth Circuit recently ruled that the use of a taser stun gun by a police officer can be considered, under certain circumstances, excessive force which leaves the police officer open to be sued for the injuries received by the tasered … [Read more...]
In Prison, But Not “In Custody”???
We advise our clients not to say anything to police officers if they are pulled over, or are taken into custody. Even seemingly innocuous answers to carefully crafted questions like "Do you know how fast you were going?" or "Are you dealing with some sort of emergency?" can be used to clinch a conviction in what may otherwise been a weak case … [Read more...]
Happy Chanukah! (And Fun Legal Chanukah Fact-of-the-Day)
Many of us know that Chanukah is the Festival of Lights. One way that many communities have tried to spread the light of Chanukah is by holding public Menorah lighting displays in town and city centers throughout the United States and the world. This raises an interesting question of whether public Menorah lighting ceremonies and public … [Read more...]