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28 Mar 2016, 5:01 am by James Edward Maule
Second, several Code provisions, such as section 26(b)(2), 401(k)(8)(D), (m)(7)(A), 414(w)(1)(B), and 877A(g)(6), expressly refer to the section 72(t) additional tax by using the unmodified term “tax”. [read post]
11 Mar 2016, 7:42 am by Family Law Attorneys
A trial court's decision "[w]hether to award attorney fees . . . pursuant to OCGA § 19 6 2 is a matter within the discretion of the trial court, and the exercise of that discretion will not be reversed unless manifestly or flagrantly abused. [read post]
9 Feb 2016, 6:27 am
  [G]iven the extensive regulatory scheme to oversee homeopathic drug marketing and the questions presented over the labels in this case, the Court finds abstention appropriate under the primary jurisdiction doctrine. [read post]
25 Jan 2016, 5:45 pm by Kent Scheidegger
In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating or mitigating circumstances enumerated in subsections (5) and (6). [read post]
22 Jan 2016, 5:35 pm by Kent Scheidegger
(g) The age of the defendant at the time of the crime. [read post]
14 Jan 2016, 5:10 pm by Trent Dykes
Article prepared by and republished courtesy of our colleagues Sanjay M. [read post]
31 Oct 2015, 4:29 pm
Section 2 of the Representation Agreement Regulationdefines routing management of the adult’s financial affairs as follows:2  (1) For the purposes of section 7 (1) (b) of the Act, the following activities constitute "routine management of the adult's financial affairs":(a) paying the adult's bills;(b) receiving the adult's pension, income and other money;(c) depositing the adult's pension, income and other money in the adult's accounts;(d) opening… [read post]
22 Oct 2015, 12:46 pm by Dennis Crouch
Docs: Kroger’s Motion to Stay, Nexuscard Opposition The CBM petition challenges the patent claims under 35 U.S.C. 101 — arguing that they lack subject matter eligibility under Alice Corp and that the patent qualifies for CBM review because it claim a method for using a financial product and is not a technological invention. [read post]
4 Sep 2015, 9:26 am by Anthony Zaller
Finally, the Borello test has five additional factors borrowed from the Fair Labor Standards Act (FLSA) in making a determination of a worker’s classification: (i) the alleged employee’s opportunity for profit or loss depending on his managerial skill; (j) the alleged employee’s investment in equipment or materials required for his task, or his employment of helpers; (k) whether the service rendered requires a special skill; (l) the degree of permanence of the working… [read post]
5 Jul 2015, 3:49 pm
(o) for the passing of accounts,(p) fixing and approving the remuneration of a personal representative, or(q) subject to subrule (2), respecting any other matter concerning(i)   an authorization to obtain estate information,(ii)   an authorization to obtain resealing information,(iii)   a grant of probate,(iv)   a grant of administration with or without will annexed,(v)   an ancillary grant,(vi)   a resealing, or(vii)   the office of personal… [read post]
2 May 2015, 10:24 am by Law Lady
Appeals -- Timeliness -- Appellate court has no jurisdiction of appeal of trial court's denial of award of fees under wrongful act doctrine where notice of appeal was filed more than six months after final judgment -- Letter to court which reargued facts of case, raised rhetorical questions, and asked legal advice, did not constitute a motion for rehearing which would suspend rendition of final judgmentMILDRED M. [read post]
22 Apr 2015, 2:46 pm by Stephen Bilkis
As a general matter, it is of course, in a child's best interest to have a loving relationship with both parents. [read post]