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Social Security Benefits in Divorce Cases
One of the most important family law issues that vary from state to state is the question of whether Social Security benefits should be considered or offset when making property determinations. There is quite a bit of law on the subject and a thorough review of your own state's applicable law is required. A good place to start is the 2014 Oregon Supreme Court decision In re Marriage of Herald and Steadman, 355 Or. 104, 322 P.3d 546 (March 20, 2014). That case was taken to the United States Supreme Court, but certiorari was denied in January 2015. The lengthy Herald decision, which is summarized herein, analyzes the law in a number of states.
An Illinois appellate court affirmed the trial court's judgment in an unpublished decision, concluding that the court did not err by refusing to offset the value of the husband's pension in lieu of Social Security benefits by the value of Social Security benefits he would have received had he participated in Social Security. In re Marriage of Mueller, 2014 IL App (4th) 130918-U. Although that opinion was not published and therefore could not be cited as precedent, the Illinois Supreme Court accepted a discretionary petition for leave to appeal, heard oral argument in March of 2015 and recently decided the matter. The court's decision is discussed below.
The Mueller Decision
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.