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28 Mar 2:40 pm
In Testamentary Capacity to Execute a Will and Mental Competency to Execute a Trust or Contract, forensic psychiatry expert witness Stephen M. Raffle, M.D., writes: A Will is not a contract because it does not represent a promise to perform a service or execute an action for another person (including corporations). It is solely an allocation of a person’s wealth on death. A contract, such as a Trust, implies the potential for an adversarial relationship if one of the parties does not perform as promised. In a Trust the parties may be the Trustors and the Trustees. Therefore,… [read post]
28 Mar 2:34 pm
The proponent of a motion for summary judgment carries the initial burden of tendering sufficient admissible evidence to demonstrate the absence of a material issue of fact as a matter of law. There is no requirement that the proof for said motion be submitted in affidavit form, rather, the requirement is that the evidence proffered be in admissible form. Accordingly, affirmations from attorneys having no personal injury knowledge of the facts are not evidence and offer nothing more than hearsay. Consequently, any such submissions are inadmissible and cannot be the basis for creating… [read post]
28 Mar 2:31 pm
On March 26, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of Cloudeeva, Inc. (f/d/b/a Systems America, Inc.) and its affiliates. The filing was assigned docket number 535 and is described on the court’s official docket as follows: Document re: Supplemental Declaration of Cynthia Romano Regarding Retention as Advisor to the Chapter 11 Trustee (related document:[378] Application for Retention filed by Trustee Stephen Gray, [399] Order on Application For Retention) filed by Richard Honig on… [read post]
28 Mar 2:31 pm
On March 18, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of Family Christian, LLC  and its affiliates. The filing was assigned docket number 391 and is described on the court’s official docket as follows: Exhibit B-Verified Statement in Support (RE: related document(s)390 Application to Employ Miller Johnson as Co-Counsel to the Creditor’s Committee) Filed by Creditor Committee Official Committee of Unsecured Creditors (Piggins, John) (Entered: 03/18/2015) Family Christian,… [read post]
28 Mar 2:30 pm
On March 26, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of Fox Trot Corporation and its affiliates. The filing was assigned docket number 180 and is described on the court’s official docket as follows: Disclosure of Fees filed by Attorney for Debtor. (Kegley, Adam) Fox Trot Corporation filed for bankruptcy protection, or had an involuntary bankruptcy petition filed against it, on October 12, 2013. The bankruptcy case is pending before the United States Bankruptcy Court for the Eastern District… [read post]
28 Mar 2:29 pm
On March 18, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of -2146826246 and its affiliates. The filing was assigned docket number 31 and is described on the court’s official docket as follows: Disclosure of Compensation of Attorney for Debtor Filed by Dennis J. Shaffer. (Shaffer, Dennis) -2146826246 filed for bankruptcy protection, or had an involuntary bankruptcy petition filed against it, on -2146826246 -2146826246, -2146826246. The bankruptcy case is pending before the United States… [read post]
28 Mar 2:28 pm
On March 24, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of Simply Wheelz LLC (d/b/a Advantage Rent-A-Car ) and its affiliates. The filing was assigned docket number 780 and is described on the court’s official docket as follows: Declaration re: Statement of Stephen Kinsey Pursuant to Fed.R.Bankr.P. 2014 and Order Authorizing Debtor to Employ, Retain and Compensate Professionals in Ordinary Course Filed by Debtor Simply Wheelz LLC d/b/a Advantage Rent-A-Car (RE: related document(s)[422]… [read post]
28 Mar 2:27 pm
On March 18, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of RadioShack Corporation and its affiliates. The filing was assigned docket number 1244 and is described on the court’s official docket as follows: Declaration in Support Second Supplemental Declaration of Michael Cole in Support of Application for an Order Authorizing the Debtors (I) to Retain Maeva Group, LLC as Financial Advisors Nunc Pro Tunc to the Petition Date and (II) a Waiver of Certain Reporting Requirements Pursuant to Local… [read post]
28 Mar 2:27 pm
On March 25, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of TMT Procurement Corporation  and its affiliates. The filing was assigned docket number 2339 and is described on the court’s official docket as follows: Declaration re: Fourth Supplemental Declaration of Lisa Donahue of AlixPartners, LLP as Financial Advisor to the Debtors (Filed By TMT Procurement Corporation ). (Wood, William) TMT Procurement Corporation  filed for bankruptcy protection, or had an involuntary bankruptcy… [read post]
28 Mar 2:26 pm
On March 24, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of RadioShack Corporation and its affiliates. The filing was assigned docket number 1486 and is described on the court’s official docket as follows: Declaration in Support // Third Supplemental Declaration of Michael Cole in Support of Application for an Order Authorizing the Debtors (I) to Retain MAEVA Group, LLC as Financial Advisors Nunc Pro Tunc to the Petition Date and (II) a Waiver of Certain Reporting Requirements Pursuant to Local… [read post]
28 Mar 2:25 pm
On March 18, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of ProNerve Holdings, LLC and its affiliates. The filing was assigned docket number 107 and is described on the court’s official docket as follows: Declaration in Support // Supplemental Declaration of George D. Pillari in Support of the Debtors’ Motion Pursuant to Sections 363(b) and 105(a) of the Bankruptcy Code and Bankruptcy Rule 6003 to (I) Employ and Retain Alvarez & Marsal Healthcare Industry Group, LLC to Provide the… [read post]
28 Mar 2:24 pm
On March 26, 2015, an affidavit or declaration regarding application for authority to retain professionals was filed in the bankruptcy case of Hipcricket, Inc. (f/k/a Augme Technologies, Inc. & Modavox, Inc.) and its affiliates. The filing was assigned docket number 270 and is described on the court’s official docket as follows: Declaration in Support // Supplemental Affidavit of Henry J. Jaffe in Support of Application for Entry of an Order Authorizing the Employment and Retention of Pepper Hamilton LLP as Delaware Counsel to the Official Committee of… [read post]
28 Mar 2:22 pm
The debate concerning the legalization of marijuana for recreational purposes has undergone a dramatic change over the last several years due to the success of voter-driven initiatives in states like Colorado, Washington and, most recently, Alaska.   Indeed, people are now more receptive than ever to broaching the topic given the success of legalization in the aforementioned states, which have all seen a dramatic spike in revenue -- but not necessarily crime. If you have a hard time believing this, consider that a recent survey conducted by LSU found that 79 percent of people… [read post]
28 Mar 2:14 pm
A 45-year-old woman, Michele Jozefiak, was killed on Thursday as she was crossing a downtown Seattle street. According to a police report, Jozefiak was crossing Seneca Street and 5th Avenue assisted by a walker when she was struck by a truck driver. Jozefiak was taken to Harborview Medical Center where she died of head injuries and injuries to her lower extremities. Police are investigating the accident and interviewed the truck driver. Early police reports indicate that the motorist did not appear to be intoxicated at the time of the accident. Pedestrian Accidents Approximately… [read post]
28 Mar 2:11 pm
LAME: The Apps You Can’t Kill: Why Apple forces its software on your iPhone and won’t let you delete it. [read post]
28 Mar 2:06 pm
On Thursday, Indiana's governor, Mike Pence, signed the Religious Freedom Reformation Act. Almost immediately, opponents attacked the bill as a way to discriminate against gays and lesbians. According to the Indianapolis Star, "Senate Bill 101 prohibits state or local governments... [read post]
28 Mar 2:00 pm
In a recent article in the Missouri Bar Association’s publication, “Precedent,” Professor Douglas Abrams discusses five rules on writing that noted historian Barbara Tuchman offered. Here are Tuchman’s rules: 1. “The most important thing about research is to know when... [read post]
28 Mar 1:41 pm
These consolidated actions are for personal injury and wrongful deaths allegedly arising from plaintiffs' exposure to hazardous substances emanating from the Pelham Bay landfill in the Bronx. On a previous appeal, affirming the denial of defendants' motions to dismiss, inter alia, for failure to state a cause of action, we determined that plaintiffs' expert evidence did not require that a hearing be held in accordance with Frye v. United States, ruling that neither the deductions of the expert epidemiologists and toxicologists, nor the methodologies employed by them, in reaching their… [read post]
28 Mar 1:40 pm
The answer is more complicated than you might think. 6 YEARS Section 213 (2) of the CPLR states that the statute of limitations to commence an action upon a contractual obligation or liability, express or implied, except for residential rent overcharge, certain transactions described in the Uniform Commercial Code, or warranties on new homes, must […] The post What is the New York Statute of Limitations to Bring a Law Suit to Collect a Consumer Debt? appeared first on longislandconsumerlawyer.com. [read post]
28 Mar 1:39 pm
Late in the evening on Sunday, March 8, we met with Gershon Baskin and Riman Barakat. This was our last (official) meeting of a long day involving talks about peace and conflict resolution, and it way it was, as student Kelsey Mader called it, “the perfect way to end.” The rest of Kelsey’s recap follows: We met Gershon and Riman at The Israel Palestine Center for Research and Information (IPCRI), an organization in Jerusalem that focuses on resolving the Israeli-Palestinian conflict with a focus on peace and coexistence.  IPCRI supports a two-state solution in… [read post]