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Demonstrating Basis of Conclusions from Expert Witnesses’ Testimony is of Capital Importance
While not quite reaching the death and taxes level of certainty, some issues brought to the appellate court still produce highly predictable outcomes. Challenges to foundations laid by expert witnesses are usually addressed adequately through cross-examination.
Avoiding Liability as Public Charity Board Member
Question: I sit on the board of Directors of a public charity which is planning to purchase a real estate property owned by one of the board member’s companies. Should I be concerned if the board approves this transaction and will I have any liability?
Product Liability Claims: How to Minimize Your Exposure
Most independent sales representatives are not involved in the design or manufacture of the products they sell. Moreover, they don’t consider the products they sell to be inherently dangerous. As a result, many sales representatives are not overly concerned about product liability claims, if at all.
Court Throws Shade on Bias Claim in ‘Sun Worshipping Atheist’ Case
Some appellate cases present novel issues or test established doctrines. Others reach the appellate court on thornyprocedural or technical questions. And then there’s Marshel Copple, whose peculiar case helps explain why appellate courts often issue unpublished decisions.
A Horseshirt Case: Equine Clothing Maker Can’t Avoid Trial With Reps
A written rep contract is circulated, unsigned and quickly forgotten. Meanwhile, the parties perform for about eight years. When a dispute then arises, does the contract control?
How Personal Goodwill Can Avoid Double Taxation
Question: I have been advised that personal goodwill can help me avoid the double tax that will result when I sell my C corporation assets. Is this true?
Baseball Owners Still ‘Reserving’ Right to Underpay Minor Leaguers
During spring training last year, this column detailed a class-action suit filed by three ex-minor leaguers alleging Major League Baseball paid them less than fast-food workers. Unrepresented by a labor union, minor leaguers toil 50 to 70 hours per week through a five-month season for subminimum wage with no overtime and no compensation during spring training, instructional leagues or winter leagues.
The New Estate Plan – It’s All About That Basis
Question: My husband and I established marital and non-marital trusts many years ago to reduce our estate tax obligation. Because the size of our joint estate is less than the current estate tax exemption, do we need to redo our documents?
A Rep’s Telltale Signs of Looming Termination: What, If Anything, Can Be Done?
Most terminations are telegraphed. Reps must pay attention to the warning signs. Consider Roger Rep’s plight:
Quirky Laches Doctrine Can Rescue Even the Unsympathetic
Some legal defenses are rarely invoked. Others are rarely applied correctly. And a select few are so special that they get italicized. The equitable doctrine of laches is all three.