TORT TALKin conjunction with PRESENTSA YEAR END REVIEW OF CIVIL LITIGATON CASES AND TRENDS(Via ZOOM)Tuesday, December 21, 202112:30 pm – 1:30 p.m.Join Daniel E. Cummins, writer of the Tort Talk Blog (www.TortTalk.com),
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Tax Issues to Look Out for in a Divorce in New Jersey
There’s an old saying that the only sure things in life are death and taxes. Hopefully, death is a long way off, but sadly, taxes are here with us front and center. In the divorce process, the issue of taxes
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Judge McMahon Asks for Briefing on Whether Purdue Pharma’s Profit Distributions to Sackler Family Were “Abusive”
In an order yesterday in the appeal of the Purdue Pharma bankruptcy case, Judge McMahon invited briefing, due Monday at 9:00 a.m., on whether the Sackler family, which contributed $4.5 billion to the Purdue estate in exchange for releases,
Continue Reading Judge McMahon Asks for Briefing on Whether Purdue Pharma’s Profit Distributions to Sackler Family Were “Abusive”
A HEARING ON HARDSHIP DECLARATION
Russo v. Kiefer, 2021 NY Slip Op 21285 – NY: Newburgh Town Justice Court 2021:”On October 7, 2021, a hearing was held in reference to this summary proceeding to determine the validity of the Declaration of COVID Hardship submitted by
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ARTICLE: A Witness Can Change Their Testimony on an Errata Sheet After a Deposition
A Witness Can Change Their Testimony on an Errata Sheet After a DepositionBy Daniel E. Cummins | November 18, 2021Pennsylvania Law WeeklyDaniel E. Cummins, Clarks Summit firm Cummins Law. Courtesy photoHow many times have you heard
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ADVERSE POSSESSION AND A MOTION TO DISMISS
Halo v Schmidt, 2021 NY Slip Op 06609, Decided on November 24, 2021, Appellate Division, Second Department:”The plaintiff and the defendant own adjacent parcels of real property in New City. In 2018, the plaintiff allegedly learned that his driveway encroached
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The Rare Fraud Cause of Action in Legal Malpractice
Generally speaking, fraud claims in a legal malpractice setting are dismissed as duplicitive of the legal malpractice claim. For years, litigants have used the longer statute of limitations period for fraud as a way around a stale legal malpractice claim
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Bipartisan Group of Attorneys General Call for Federalism to Guide Cannabis Policy
On November 18, a bipartisan group of attorneys general from Arizona, Connecticut, North Dakota, and Vermont (Attorneys General) jointly submitted a letter offering commentary on the Cannabis Administration and Opportunity Act (CAOA) to congressional leaders. In it, the Attorneys General
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No Bad Faith Where Plaintiff Failed to Pay Premium and UIM Policy Was No Longer In Effect
In the case of Gonzales v. State Farm Mutual Automobile Insurance Company, No. CV 20-4193 (E.D. Pa. Oct. 21, 2021 Schmehl, J.), the court granted summary judgment in favor of the carrier in a breach of contract and bad
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LITIGATION OVER FUNERAL AND BURIAL
First Presbyt. Church of Monroe v Vays, 2021 NY Slip Op 06606, Decided on November 24, 2021, Appellate Division, Second Department:”The First Presbyterian Church of Monroe (hereinafter the Church) is a religious corporation that owns and operates the Seamanville Cemetery
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