Monday, April 21, 2014

Assorted law blog roundup - April

Abell's Kentucky Law Blog

As a Matter of Justice Is "What's Finished" Better Than "What's Right"?
"Third Branch is duty-bound never to acknowledge instances in which law’s interest in finality must give way to competing values rooted in our shared abhorrence of manifest injustice."

Civil Litigation Blog

SCOKY Retreats Further From Open And Obvious Hazard Doctrine In Premises Cases
"Generally in these cases, if an appellate court finds that a motion for summary judgment was well grounded, the appellate court notes that the burden shifts to the plaintiff, and then considers whether the plaintiff had an adequte opportunity for discovery before the trial court granted summary judgment."

DelCotto Law Group Blog

Using Bankruptcy to Remove a Second Mortgage

If your home is under water, financially speaking, you might be able to resolve a second mortgage for pennies on the dollar through a Chapter 13 bankruptcy . . . if you know what you;re doing.

Employment Essentials - Labor and Employment Law Blog

Don't Withhold Final Pay if Your Employee Leaves with Your Property
"Employers are often understandably flummoxed about what to do when an employee’s employment ends while the employee still has custody of the employer’s property. For example, an employee may wear his or her employer-provided uniform home at the end of the employee’s final shift. What’s the employer to do?"

Gray & White Law's Louisville Personal Injury Blog

Which Surgery Patients Are Likely to Vomit After Anesthesia?

What can I say? The significance of vomit for the law.

Hurst & Hurst Law Blog

Alternatives To Bankruptcy
"Debtors should be aware that there are several alternatives to Chapter 7 bankruptcy relief."

Kentucky Bankruptcy Law

It is getting downright expensive to file bankruptcy

Bankruptcy filing fees go up effective June 1, 2014.

Kentucky Business and Corporate Law Blog

Lost & Found: How Business Owners Should Handle Unclaimed Property
"Any holder of unclaimed property (a "holder" is any business entity with two or more individuals doing business in Kentucky) is required, by state regulations, to report all unclaimed property, no matter how small (with an exception for wages less than $50), to the Kentucky State Treasury."

Kentucky Journal of Equine, Agriculture and Natural Resources Law

A Horse Owner’s Tax Checklist
" . . . . horse owners must be cautious if they are attempting to deduct business expenses related to their horse activity. Section 183(a) of the Internal Revenue Code states, “[i]n the case of an activity engaged in by an individual or an S corporation, if such activity is not engaged in for profit, no deduction attributable to such activity shall be allowed under this chapter except . . . . "

Kentucky Law Journal Online

The Secret Right to Hybrid Representation
"Unlike its federal counterpart the Kentucky Constitution entitles defendants to hybrid representation, a limited waiver of counsel in which the defendant acts as co-counsel with a licensed attorney."

Lexington Bankruptcy Law Blog

Debtors: don't let bankruptcy misconceptions give you pause
"One of the biggest concerns debtors have regarding bankruptcy, is that filing will do irreparable harm to their financial life. The reality is that this is not true. In fact, filing for bankruptcy can actually have an immediately positive impact on one’s credit in some cases."

The Dirt - Real Estate Law

When dealing with railroad easements, timing is everything
"Congress has enacted several laws relating to railroads, dealing with issues from the creation of the intercontinental system to the conversion of abandoned rail lines into trails. The recent Supreme Court case Marvin M. Brandt Revocable Trust v. United States presents the question of what happens to a railroad company’s right of way granted under one of these laws, the General Railroad Right-of-Way Act of 1875. The issue presented was: when the railroad company abandons its line: does it go to the United States or to the private party who bought the land underlying the right of way?"

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