Because Commercial Motor Vehicles (CMVs) are generally larger and thus potentially more dangerous than other vehicles, CMV brake safety is imperative. As of February 5, 2003, a new rule governs brake testing for CMVs. There are three types of vehicles that are considered CMVs: (1) A truck with a gross ... More
10-7-2005General Partner Liability for Partnership DebtsGeneral partnerships are legally recognized entities, with a separate identity and existence. Creation, regulation, and characteristics are commonly defined and controlled by state law and may vary. However, despite such variations, many states have adopted common provisions of the Uniform Partnership Act (UPA). Unlike entities ... More
10-7-2005Right to Privacy and Publicity and PhotographsThe right of a photographer to sell or commercially exploit a picture of a stranger depends on numerous factors. Much will depend on whether the subject's consent was obtained. Further, the subject of the photograph might have a right of privacy and a right of publicity (i.e. a right to control the use ... More
9-20-2005Willful and Malicious Injury Debts May Not Be Dischargeable in Chapter 7 BankruptcyOne purpose of federal bankruptcy laws is to allow people to settle their debts and gain a fresh start. Once debts listed in the bankruptcy documents have been satisfied, (in whole or in part, or not at all if the debtor lacks sufficient assets), the debts may be "discharged" or ... More
9-6-2005Cashing Out a Structured SettlementMany people enter into a "structured settlement" as a result of recovery on a legal claim, such as personal injury, medical malpractice, or workers' compensation. A "structured settlement" takes a lump-sum award and turns it into a series of payments that may last for a specified period of time. ... More
9-1-2005Collateral Source RuleFor example, plaintiffs injured in auto accidents may be compensated by their own health or auto insurance carrier, receive government benefits, or be given money by relatives or an employer, to assist with any resulting financial crisis, but these amounts do not reduce the damage award against the defendant. ... More