Homicide means the act of one person killing another. Murder, on the other hand, is when someone unlawfully kills another person with the intention to harm beforehand. So, homicide is like the big category that covers...more
Aside from the fact that the term “Of Counsel” sounds ungrammatical, it also does not provide any information about its meaning in relation to legal services. Many common folks do not understand what lawyers are talking about...more
Over the past twenty years, Louisiana has been hit by numerous natural disasters, each of which brings a new wave of unlicensed and unqualified home improvement contractors to the state. During the 2022 legislative session,...more
This memorandum explains the steps you should take in reviewing a draft of your patent application, as well as your duties in regards to providing information that is material to the examination of your patent application by...more
It is well-settled in most jurisdictions that settlement agreements are contracts subject to the same rules of formation, validity, and interpretation as other contracts. C.J.S. Compromise & Settlement § 51...more
In order to assist a Florida car accident attorney with your accident claim, there are certain terms of which you should be aware. This will allow you to speak with your attorney more effectively and save valuable time...more
Dayston v, LLC v. Brooke, voided a real estate contract because it failed to satisfy the Texas statute of frauds. Let’s see how the drafting mishap occured....more
A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers...more
Deutsche Bank National Trust Company v. Cope, Case No. 2D18-3696 (Fla. 2d DCA 2020). A legal description on a mortgage is not unenforceably ambiguous if it describes two parcels by lot number and a third by parcel ID....more
In my last post, “Real Estate Alphabet Soup: A Is for Acquisition” I introduced a new primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter B....more
Two recent opinions from the Idaho Supreme Court demonstrate the risks you take when you document a real estate deal without an exact description of the land. In Hoke v. Neyada (Docket No. 43343) (Idaho 2016), the seller of...more
Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more
Life in the big city has its advantages. Desirable public services, such as police protection, trash collection, public water and sewer service, and other services and amenities are available that you may not have if you live...more
On January 4, 2017, the United States Bankruptcy Court for the District of Massachusetts found that a Chapter 7 Trustee could avoid the debtor’s mortgage and preserve it for the benefit of the bankruptcy estate. The opinion,...more
The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more
On March 20, 2015, the Texas Supreme Court in Doris Virginia McGregor Stribling et al. v. Millican DPC Partners, LP et al., No. 14-0500 (Tex. 2015), held that a metes and bounds description will prevail over a more general...more
I know contract writers who like to state terms, such as property descriptions, several different ways. If you just have to over-describe, at least be careful, and at least be sure the descriptions are consistent....more
On February 28, 2015, the Southern District of New York denied a motion to exclude the testimony and survey of an expert witness regarding whether a trademark was descriptive or suggestive. In Rise-N-Shine, LLC v. Robin...more