When an abused child won a nearly $4 million award from her mother in 2007 for the mother's part in failing to protect her from sexual abuse by the stepfather, it would have seemed that all that was left to do was collect. Now, however, the mother, Irene S. Chaffee, has filed for Chapter 7 bankruptcy relief, and she is seeking to have the debt to her daughter discharged. The question now is, "Can this debt be erased?
Childrens' drawings are sometimes treated as evidence of their perceptions of their family relationships. These pictures may be evaluated for insights into whether a child feels emotionally close to parent who is seeking custody or is afraid of a person accused of sexually abusing the child. But are such pictures really "worth 1,000 words"?
The latest news of interest to you and your practice.
In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.
A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.
A franchisor has rights and remedies that a secured creditor is not granted under the UCC, but the franchisor, by becoming a competing secured creditor, does not necessarily advance its rights and remedies in a default situation. The inter-creditor agreement and remarketing agreement are alternatives to maximize recoveries and reduce conflicts by cooperation, rather than by litigation.
The 21st century is clearly the age of cybercrime, and franchise companies should be especially concerned because, simplistically, there are only two types of computer systems: those that have been hacked, and those that will be hacked.
In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.
A look at A.E., Inc. v. Goodyear Tire and Rubber Co., Inc., No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.
