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The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE
The validity of most marriages is rarely challenged. We know when the marriage took place, as evidenced by official papers, and we know just as well when it ended … if it did. In those unusual situations in which an attempted marriage is not legal, there isn't much anyone can do about it. Either a marriage is valid or it's not. Period.
The case of Lewis v. Shulkin, 2017 U.S. App. Vet. Claims LEXIS 478 (3/30/17), heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits. The case was brought by Geraldine Lewis against David J. Shulkin in his capacity as Secretary of Veterans Affairs, after she was denied survivor benefits following the death of her formerly active-duty military husband (assumed). To get a different outcome, Geraldine Lewis will need to surmount one giant hurdle: She will need to show clear and unmistakable error (CUE) in the denial of her claim.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.