Frequently we hear of lawsuits involving a broken heart. This usually happens when two people become engaged and later one decides the prospective marriage is not for them. We have all heard the story of the runaway bride or groom where the bride or groom ends the relationship and leaves one standing at the altar, or just simply calls of the engagement. As a result, the hurt party wants to be reimbursed for the expenses they paid in reliance on the anticipated wedding, or want the engagement ring to be returned to them.

Cost of Promise to Marry?
While this may sound like something in a movie or something we expect to see on court shows such as Judge Judy, there have been actual events in which this has occurred and civil lawsuits have been filed. Earlier this month, a 29-year-old Manhattan consultant filed a lawsuit in the Manhattan Supreme Court to recover damages for costs related to his planned marriage and a portion of the rent of two apartments he says she owes him when the couple lived together. In this breach of promise to marry lawsuit, he is demanding damages in the amount of $25,668 for wedding costs, $19,269.90 in cash he claims she withdrew from a bank account, and approximately $8,400 in rent. The former bride has returned the $32,000 engagement ring and believes that she should not be held liable for any additional costs.

Heart Balm Cases
Although it may be a surprise to many, some states recognize lawsuits which are based upon claims for a breach of promise to marry. In the states that permit a woman or man to sue the other when they terminate an engagement, it is because in those specific states, the marriage proposal is recognized as a legally enforceable contract and a court could award damages to reimburse expenditures of the injured party for his or her reliance on the upcoming wedding. Essentially, these are civil actions that have a combination of tort law and contract law elements. Courts across the country have offered different opinions about the nature of these kinds of actions. In some jurisdictions these actions, which are also known as heart balm cases, are barred by a state’s statutory provisions.  However, this kind of action may also be a basis for a lawsuit in another state, but only under limited circumstances according to the state’s law.

What do you think? Should the ex-fiancé be found liable for damages?

Sharing Law: 5 Helpful Tips

In the course of blogging about Cottage Food Laws, I came into contact with an excellent non-profit organization called the Sustainable Economies Law Center. Among the wide variety of different projects the SELC engages in, one of the most interesting, which relates directly to the notion of a sustainable economy, is referred to as “Sharing Law.”  (In fact, if you read the article linked above, the director of the SELC Janelle Orsi, is becoming somewhat of an expert in the field, and is the author of many articles and at least one book on the matter.)

I first wrote about Sharing Law in terms of the new car insurance law passed recently in Washington.

Because the concept of sharing resources is becoming increasingly popular and possible, here are some tips to keep in mind when entering into your own sharing arrangement:

1. Have a detailed agreement in writing– think of your arrangement as a contract. You want to set out the parameters in writing. An old adage in Contract Law is that an oral contract is as good as the paper it is written on. General terms include things such as who will own how much of the asset? How are decisions regarding the asset to be determined?, etc.
2. Agree in advance whether and under what circumstances new parties may join– This is probably more likely to be the case in scenarios where a larger asset is purchased, and each of the initially agreeing parties seldomly use it. For example, if you buy an RV or vacation home with 3 other people and due to work constraints nobody uses it more than once or twice a year, can a friend of a friend buy into your sharing agreement? On what terms?
3. Decide how maintenance and repair costs will be handled– if something happens to the asset, who is responsible for it? Is it the person who was using it when it was damaged? Who decides which vendor to use? Will you set up a separate maintenance account to pay for routine repairs (e.g. oil change, new tires or new paint, carpeting, landscaping etc.)?
4. Get insurance–whatever the subject of the agreement is, make sure it is insured. This can help minimize potential conflicts, and also ensure that your investment is protected. Also, be sure to check your state laws regarding who may carry the policy, whether each individual needs to get separate policies, etc.
5. Consider the worst case scenario– detail what will happen in the worst case scenarios. What if someone wants to leave the arrangement? Can they sell their share? To whom? Do others have to approve? What if they cannot find a buyer? What if someone passes away, can they assign their share to their beneficiaries?

Of course there are many other issues to take into consideration, particularly depending on the unique circumstances of your arrangement. Consult an experienced attorney to find out how to better structure your arrangement, and find out about any necessary forms you may have to file with the state or other legal entity, or other issues you may not be aware of.

Because it is such a new and emerging area of the law, Sharing Lawyers are not yet common. Therefore, the closest alternative is a Small Business Attorney or Contract Lawyer. These types of attorneys can help advise you as you contemplate a sharing arrangement for a vacation home, RV, car, co-housing agreement, or whatever the case may be.

• 2005 Identity of Deep Throat is revealed
• 1996 Netanyahu elected Prime Minister of Israel
• 1991 Angola warring factions sign treaty, ending 16 year civil war
• 1985 Guatemala adopts constitution
• 1979 Zimbabwe declares independence
• 1974 Israel and Syria sign an agreement concerning Golan Heights
• 1961 Union of South Africa becomes a republic
• 1955 U.S. Supreme Court orders school integration “with all deliberate speed”
• 1953 Lebanese president Camille Shamun disbands government
• 1944 Allies breakthrough in Italy
• 1941 German occupiers forbids Jews access to beach and swimming pools
• 1913 17th amendment (direct election of senators) declared ratified
• 1790 Pres. George Washington signs the first U.S. copyright law
• 1659 Netherlands, England and France sign Treaty of The Hague

The United States Food and Drug Administration (“FDA”) has issued a warning regarding counterfeit Adderall tablets that are currently being sold over the Internet, according to CNN.

Adderall is approved by the FDA to treat attention-deficit hyperactivity disorder (“ADHD”) as well as narcolepsy, a sleep related disease.

The FDA discovered that the fake tablets were being marketed and distributed online when a consumer notified Teva Pharmaceutical Industries that he had obtained fake versions of Teva’s 30-milligram tablets via an illegal Internet pharmaceutical website. Afterwards, Teva reported the consumers allegations to the FDA.

The counterfeit pills were discovered “by a consumer, who noticed misspellings on on the fake product packaging,” said Denise Bradley, Teva Pharmacautical’s vice president of corporate communications.

Bradley also noted that 2 separate incidents have been reported to the FDA, and that the company along with the FDA continues to avidly investigate the situation.

Teva packages its 30 mg Adderall tablets in individual bottles. Further, the authentic tablets are round, orange/peach in color and have a “dp” imprinted on one side and the number 30 on the other.

The active ingredients in authentic Adderall tablets are dextroamphetamine saccharate, amphetamine aspartate, dextroamphetamine sulfate and amphetamine sulfate.

Meanwhile, analysis of the fake Adderall tablets revealed that they contained tramadol and acetaminophen, which are both used to treat acute pain.

Because both reported instances involved illegal online purchases the FDA noted that “consumers should be extra cautious when buying their medicines from online sources. Rogue websites and distributors may especially target medicines in short supply for counterfeiting,” Adderall is presently on the FDA drug shortage list because of a shortage in its active ingredients.

“It is very important that patients purchase product through legitimate channels,” Bradley said. “Websites that do not require prescriptions are not reputable.”

So, Are You Thinking Of Purchasing Prescription Drugs Online?

If So, the FDA Website Offers many purchasing tips for you including:

1. Make sure that the website requires a prescription,
2. Has a pharmacist available to answer questions and
3. Only buy prescription medications from licensed pharmacies located in the United States.

The FDA advises consumers who believe they have obtained a counterfeit version of Teva’s Adderall 30mg tablets not to take the drug and also to contact the FDA’s Office of Criminal Investigations at 800-551-3989.

Accordingly, all of you out there looking to purchase prescription drugs online better do your due diligence or else you may not get what you are looking for.

What do you think?

Each year, thousands of immigrants enter into the United States and most desire to remain in the country to eventually become U.S. citizens. Once an immigrant’s visa status has been approved the federal government, immigrants can be eligible to work within the U.S. However, if the Senate’s proposal eventually become law, this legislation, which is also known as the Start-up Act 2.0, would create two new visas to attract and keep immigrants in the U.S. if they work in specialized fields such as science, technology, engineering and math (STEM). According to government news sources, these fields are among the weakest in the national economy. Also, the government news sources report that some of the provisions of the STEM legislation include:

• Creating a new visa for foreign students who receive graduate degrees from U.S. schools in science, technology, engineering, or math fields.
• Foreigners could eventually obtain permanent residency as long as they remain active working in the so-called STEM fields for at least five years.
•  STEM would create a new entrepreneur’s visa for 75,000 skilled legal immigrants a year who start a U.S. business, employ Americans, and invest or raise capital in the United States.

Although U.S. immigration policy is a hot national debate, with any luck at all the Senate’s measure to reform our country’s immigration laws is certainly a step in the right direction. Contrary to popular belief there are thousands of hardworking foreigners who contribute to our national economy and since there is a strong global competitive environment, our country will remain a strong global competitor because we will be able to keep these individuals in America where they have received the specialized training, as opposed to them returning to their native countries. To learn more about the Senate’s proposal click here

A recent Supreme Court ruling out of Missouri upheld a jury ruling for $150,000 against a former partner who posted 3 fake reviews about his company on both Google and Yahoo. Although direct losses are impossible to prove on the Internet, this ruling changes the defamation game and shows an ease in the burden of proof for those who have been defamed.

Online Defamation

The two former partners, Hosto and Mitchell, formed two companies together and eventually the relationships ungraciously dissolved. One apparently bitter partner, Hosto, left three negative reviews about Mitchell’s currently operating company, which led to a filed lawsuit against Hosto. Yahoo’s information eventually revealed him as the author of the fake reviews, and Hosto confessed.

Court Eases Burden of Proof

The jury ruled in favor of the plaintiff’s defamation case and awarded Mitchell’s company, Firework’s Restoration $1 in compensatory and $150,000 in punitive damages. Hosto attempted to appeal the award stating that Missouri law does not allow nominal damages, that the punitive damages were unconstitutionally large in comparison to the compensatory damages, and that Mitchell’s company suffered no harm to their reputation. All of which the appeal’s court rejected and the jury verdict stands.

Supreme “Courting” Google?

So what do these jury numbers mean to us? Although the court felt that Mitchell’s company Fireworks Restoration suffered no tangible harm, they felt Hosto’s defaming behavior was deserving of punishment. Although Internet damages are impossible to prove this ruling shows that the Courts are like-minded with Google’s Quality Guidelines reiterating this behavior is not only unethical it is now punishable. Unscrupulous attorneys and reviewers alike should heed warning and be reminded of the penalties of online defamation and the ever-growing reward of genuine organic content, both online and on the bench.

Click here to learn more about Defamation or the differences between Libel and Slander.

Produce Recalls Increasingly Common

I don’t know about you, but I did not realize that fresh fruits and vegetables could become contaminated, and remain so even after washing. It is because of this fact, that it is increasingly important to be aware of the sources of the foods you are eating. It is my understanding that these recurring contamination scares are a factor of either the

water supply or the soil in which these crops are grown. Thus, be sure to make sure that the produce you have in your fridge is not subject to one of these recent recalls, and if it is, be sure to arrange for a replacement before risking getting yourself or your family sick.

Whether you already have your Estate Plan in place, or are just beginning to learn more about the process, here are some tips to keep in mind when meeting with your Estate Planning Lawyer.

• Consider Digital Estate Planning Services.Here is an excellent article detailing what exactly this entails. This includes not only online social media accounts, such as with Facebook, but also includes for example, data files, word files, online storage accounts, or email accounts. This area is an excellent opportunity to discuss your planning goals with your attorney, and determine a course of action to ensure your needs are met.
• Consider a Spendthrift Trust. A Spendthrift Trust gives you the ability to make sure that your child doesn’t drain their trust, but also that they are well provided for over time. Rather than, for example, breaking down the distribution of your trust into 3 or more installments, consider the long term option of a spendthrift trust.
• Revisit your Estate Plan as often as necessary. I cannot emphasize enough the importance of revising your estate plan anytime a major life event occurs. For example, if you separate or divorce your spouse, consider the impact of the bequests in your will to your former spouse or issues relating to child custody. By consulting with your lawyer, you can ensure that everything will be taken care of according to the new circumstances.
• Rather than a codicil, execute an entirely new will. Codicils are legally executed documents that serve to amend prior validly executed wills. Rather than relying on these documents, which may become confusing or get lost, consider executing an entirely new will when making revisions. Because codicils usually require the same sorts of legal validation (witnesses, signature of testator, and notarization), and your lawyer will likely have an electronic format of your prior will, executing a new will may be as simple as changing the text in the former document, and printing out a new copy.

These are just some considerations to keep in mind when hammering out your Estate Plan. Additionally, you can always make a list of your goals and desires to have on hand during your initial (or subsequent) visit with an Estate Planning Lawyer.

In order to keep you up to date, LawInfo has a Class Action and Hot Topic Page, which is regularly updated. You can find current information regarding the different lawsuits including what the nature of the claims, who may have been harmed, and law firms that can represent those wishing to pursue their rights.

The lawsuits are categorized according to parent category, and then further subdivided according to the relevant subject of the lawsuit.

For example, under Harmful Drugs, you can find pages for:

• Actos
• Multaq
• Paxil
• Pradaxa
• Prozac
• Topamax
• Yaz
• And more 

Then, by clicking on the link for the topic you wish to read about, for example Yaz, you get detailed background information, Frequently Asked Questions, and even Legal Articles all on the topic you select.

If you are feeling overwhelmed by the number of lawsuits you have heard about lately, be sure to visit LawInfo’s information page to view an organized and easy to navigate page and have your questions answered. Then, when you are ready to meet with an attorney, you can schedule a likely free initial consultation.

The Second Amendment in the United States Constitution protects, “the right of the people to keep and bear arms, shall not be infringed.” This protection, however, is not obsolete, and is subject to statutory and case law to further define the limitations of this right.

Gun control laws generally fall under the auspices of the state’s governing powers. For this reason, it is important to become familiar with your state’s laws regarding gun control and possession.

In California, for example, before you attempt to purchase a weapon, you can request the Department of Justice to conduct a firearms eligibility background check. Here you can find the DOJ’s booklet on California Firearms Laws, and here is the DOJ eligibility background check  form for California.

The most common nuances you should be aware of include:

• Background Check
• Relevant waiting period
• Whether or not you can carry a concealed weapon
• What the transfer requirements are
• Registration requirements

You can find information about federal gun control laws here. Also, be sure to visit the ATF’s website, particularly the Laws, Regulations, and Rulings page.The National Rifle Association has an education & training page, in addition to other generally relevant information.