Federal law prohibits a federal employer from taking adverse personnel action against a federal employee who reports, or is about to report, discrimination or harassment. A personnel action means: (i) an appointment; (ii) a promotion; (iii) an action under chapter 75...
In order to prevail on a trademark infringement and unfair competition claims, the plaintiff must establish that defendant’s trademark creates a “likelihood of confusion” regarding the origin on the goods or services offered by the plaintiff and the defendant. ...
If a debtor made a payment to you within 90 days of their filing for bankruptcy, the payment may be deemed a “Preferential Transfer” and you may be liable for paying the money back to the trustee of the debtor’s estate. Have you received a Preferential...
Promissory Estoppel was developed to protect the ability of individuals to trust promises in circumstances where trust is essential. In essence, promissory estoppel can be thought of as an “invisible handshake.” State Bank of Standish v Curry, 442 Mich 76,...
Nila Jean Oxender (“Decedent”) died by drowning in her hot tub at her Tucson, Arizona, condo on November 23, 2016. In the related Washtenaw County Probate Court proceedings, entitled In re Nila Jean Oxender, Case No. 2017-000,428-DE, William G....
In most attorney-client relationships, it is easy to identify the client. For attorneys who practice estate planning, probate law or probate litigation, among other related areas, the answer is somewhat less clear. Namely, is the client the fiduciary (i.e....
When a plaintiff is deciding whether to bring a sexual discrimination, sexual harassment and/or hostile work environment claim, the plaintiff must be careful to understand what types of discrimination constitute sexual discrimination prohibited by Title VII of the...
Over the course of a legal proceeding, attorneys often have to discuss sensitive topics to zealously represent their client—this can be especially true in sexual harassment or hostile work environment cases. Inherent to many of those cases are accusations that...
When two parties come to an agreement, whether it be for services, goods or something else, like an investment, a contract is not always formed. In such a situation, where no contract is formally created, but one party benefits from the conduct or actions of the...
When a plaintiff has obtained a money judgement against a defendant, the plaintiff must be careful to understand that obtaining such a judgement is just the first step in trying to collect on such a judgement from the defendant. Some of a plaintiff’s most powerful...
