Case
In re Smith
20 published works
Legal Profession Blog
Unappealing
The quality of an attorney's brief in his own divorce/custody matter drew a footnote from the Indiana Court of AppealsThe quality of Father’s briefing is especially concerning because this Court…
Leaving A Loving Legacy
Fiduciary Cannot Engage in Self-Dealing
Minding Your Business
Courts Split on Definition of a “Return” for Tax Discharge
By Rucha Desai
On October 11, 2016, Martin Smith petitioned the Supreme Court for a writ of certiorari to review a decision by the Ninth Circuit. After Smith failed to file a timely…
IP Intelligence
In Re Smith: A Raw Deal for Inventors?
The recent decision in In re Smith (Fed. Cir. 2016), in which the Federal Circuit affirmed the rejection of claims 1-18 as being ineligible for patent under 35 USC §…
Intellectual Property Law Blog
Federal Circuit Won’t Review USPTO’s Alice Guidelines
On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office’s patent-eligibility guidelines to examiners on how to apply the Supreme Court’s Alice…
Legal Profession Blog
Discovery Issues Require Remand
The Ohio Supreme Court has remanded a disciplinary case that involves allegations of billing misconduct.The allegations involve five billings to three nursing home clients.Relator alleged that while Smith was employed…
South Florida Trial Practice
Beware of Lien-Stripping in Chapter 13
By Heather Ries
In Chapter 13 bankruptcy cases, debtors and unsecured creditors have the ability to strip-off wholly unsecured liens pursuant to 11 U.S.C. 506(d). By example, in the recent case of In…
Sentencing Law and Policy
A challenging clemency claim of capital “innocence” for Ohio death row defendant
Main April 2, 2013A challenging clemency claim of capital "innocence" for Ohio death row defendantThis new AP story, headlined "Ohio Man Who Killed 6-Month-Old Girl Seeks Mercy," highlights the perhaps…
Sentencing Law and Policy
Ohio decidesnotto appeal federal district court ruling inSmithhalting execution
Main July 13, 2011Ohio decides not to appeal federal district court ruling in Smith halting executionRegular readers may recall posts from last week here and here reporting on the ground-breaking…
New York Trusts & Estates Litigation
Motion to Dispense with Testimony of Uncooperative Attesting Witness Denied
In Matter of Smith, the nominated executor of an estate sought to dispense with the testimony of one of the attesting witnesses at the SCPA 1404 stage of a probate…