News
Business
- [02/08] Geneseesdemand firms up
- [02/08] European stocks take a breather from debt fears
- [02/08] Ex-Intel executive pleads guilty in NYC to fraud
- [02/08] Hanmi brings in financial adviser
Personal Injury
- [02/08] Official: Unclear if victims remain in Conn. plant
- [02/08] Body found in landing gear of NY-to-Tokyo flight
- [02/08] Mom mourns young family killed in RI blaze
- [02/08] Marshals seek deadly Conn. gas plant blast's cause
Real Estate
- [02/08] World's tallest tower lookout suddenly shuttered
- [02/06] It's Not the Sunshine: Why Snowbirds Become Floridians
- [02/05] Patriot Transportation Holding, Inc. Announces Agreement to Sell Land and Presentation at BB&T 25th Annual Transportation Services Conference
- [02/05] Aegis of Bellevue Opens February 13
Case Summaries
Family Law
[02/08]
DG v. DeVaughn
In a class action against the Oklahoma Department of Human Services claiming that the department's agency-wide foster care policies and practices exposed all class members to an impermissible risk of harm, the district court's order certifying a class is affirmed where: 1) plaintiffs presented more than conclusory statements that defendants' agency-wide monitoring policies and practices, or lack thereof, created a risk of harm shared by the entire class; 2) due to the common risk of harm and the common underlying legal theory for asserting that risk, the district court acted within its discretion to find that typicality was satisfied; and 3) the injunction sought by plaintiffs applied to the proposed class as a whole without requiring differentiation between class members.
[01/14]
Arthur v. Arthur
In a dissolution of marriage action, judgment of the trial court permitting the wife to relocate after twenty months is vacated where, the petition for relocation should have been denied as a best interests determination in petitions for relocation must be made at the time of the final hearing and must be supported by competent, substantial evidence.
Probate Trusts
[01/29]
Estate of Artall v. Comm'r. of Int'l. Rev.
In the taxpayer's appeal from the tax court's approval of the IRS Commissioner's disallowance of a "qualified family-owned business interest" estate tax deduction to the taxpayer estate, the tax court's order is affirmed where the "qualified family-owned business interest" deduction of 26 U.S.C. section 2057 is available for an estate's qualifying equity or ownership interests but not for debt interests such as loans receivable.
[01/22]
Charles Schwab & Co. v. Debickero
In an interpleader action by a bank seeking to determine the ownership of an IRA account held by decedent, summary judgment for the named beneficiaries of the IRA is affirmed where: 1) the surviving spouse protections in ERISA did not apply to the IRA even though some of the funds originated from an ERISA-protected pension plan, and 2) the Internal Revenue Code also did not impose automatic surviving spouse rights on IRAs similar to those protections afforded under ERISA.
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