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Archive for February, 2009

28
Feb

Debt Management Companies, do they work?

Debt Management programs often charge outrageous up front fees and provide little or no benefit to consumers.

This topic has been coming up for me quite a bit at my office lately. I speak with a number of people each day who have enrolled in a Debt Management program and are not happy with the results.

28
Feb

Clawback Agreements In Commercial Litigation: Can You Unring A Bell?

For a complete list of cites and attributions, please see article on author’s website: www.lorandoslaw.com.

28
Feb

Domestic Violence and the Parental Alienation Syndrome

Parental alienation has devastating effects to both child and estranged parent. The more we understand the trends of this human violation, the easier it is for us to remedy its impact. Read on to learn about PAS when domestic violence is before the court and when it is not.

In marriages in which there is no domestic violence and parental alienation upon divorce, it is more often the woman who is the alienating parent. Whereas in marriages in which there is domestic violence, the victimized partner is in most cases the alienated parent. Why these trends?

26
Feb

How to incorporate painlessly

What is an LLC and how to form one, including the various tax advantages of forming an LLC. Information on pass through taxation and limited liability, and LLCs compared with the other forms of company structure.

Every year thousands of people incorporate a company in the United States, mainly because you can get some really good tax breaks by handling your affairs in this way. In order to do it properly you need to use a formation agent, but before you do you need to bear in mind three points that will help you get the best deal and ensure you’re doing things properly.

18
Feb

Negligence of the Child in Child Accident Cases

Can child negligence play a role in accidents and accident legal cases?

Washington’s law of comparative negligence means that the proportionate share of fault of all potential negligent parties must be considered, even if it involves the conduct of a child. This means a child can be held negligent and therefore wholly or partially responsible for the child’s injuries and damages. In Washington, the issue of the child’s degree of negligence may also be called “contributory negligence.” But there are certain limitations when it comes to accidents and injuries involving negligent children. First, the law in Washington is that children under the age of 6 years cannot be held negligent as a matter of law. The Washington State Supreme Court has decided that a child under age 6 does not have the mental capacity to be negligent. This means that anytime a child under 6 years of age has a legal claim for injuries caused by an accident, that child is deemed fault-free for purposes of deciding which parties negligently caused that child’s injuries.

13
Feb

Common Tactics by Insurance Companies Can Cause You to Lose Your Accident Claim

Insurance companies often use different tricks to avoid paying claims. Some insurance providers intentionally write their policies using dense and difficult language. Other companies will use your credit score to justify increasing your claim.

Everyone knows that it can be extremely difficult to work with an insurance company after an accident. Sometimes, it feels as if you and the insurance provider are speaking two different languages. Often times, insurance companies will use certain “tricks of the trade” to avoid paying your claim. The tricks seem simple enough, but can end up costing you a large amount of money.

11
Feb

Dealing With the Insurance Company In Child Accident Injury Claims

Learn how to deal with the insurance adjustors in your child’s injury accident claim.

In those cases where a child has been injured by a negligent party with insurance, the parents will at some point have to deal with the insurance company. Parents will need to address questions of liability and damages, including payment for past and future medical expenses and other damages incurred by the child. This can be a daunting and unsatisfying task. The parent of an injured child is likely already under a tremendous amount of stress given the traumatic nature of the child’s injury.

10
Feb

LSU v. Smack Apparel: Trademark protection for color schemes

In Bd. of Supervisors for La. State Univ. v. Smack Apparel Co., 550 F.3d 465 (5th Cir. 2008) ,the Fifth Circuit upheld the district court’s finding that a t-shirt maker who used school color schemes in combination with specific facts and indicia about the school infringed on the schools’ trademark rights in those color schemes, even if neither the school logo nor other marks appeared on the t-shirt. The case is a huge victory for universities and their respective trademarks.

Background

07
Feb

Public Record Check - How To Access Public Records Quickly

If you need to get the lowdown on someone’s history especially if you are an employer or looking for someone to share or rent property with you then you need to read this revealing report.

Performing a public record check is the easiest way to check the background of a potential employee, a business associate or even domestic help. In today’s world it is always better to be careful and know about the person you will be dealing with.

You can find records like birth, death records, marriage and divorce filings, criminal law records or even simple things like address and telephone numbers. People also search public records for genealogy information as well.

05
Feb

Executor of a Will - Duties and Responsibilities

This article explains some of the process and some of the responsibilities of the executor of a will.

By Kenneth A. Vercammen, Esq. and Christina Bruschetta

The procedures in an Estate Administration may take from seven months to several years, and a client’s patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

The following is a portion of the details you may wish to inform clients who are executor after you have been retained:

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