De Common Law Marriage – Can a couple become legally married by living together as man and wife under delaware’s laws?
Can a couple become legally married by living together as man and wife under delaware’s laws?
No
[Note: a couple legally married at common law in another state is regarded as married in all states.]
DELAWARE
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Categories: Family Law FAQ Tags: legal
What are the typical types of lawsuits?
What are the typical types of lawsuits?
The most typical are:
(1) Tort (typically “Negligence”) Actions:
A “tort” is a civil wrong. Say you were injured crossing a street by a driver speeding through the red light. You have incurred pain and suffering, medical and physical therapy expenses, and you missed work, using 20 days of sick leave. The driver’s insurance company offered to pay only the doctor bills and you are unsatisfied with the proposed settlement offer.
You can file a tort action against the negligent driver in an effort to recover for both the out-of-pocket costs and the physical or emotional injuries you suffered.
Tort-based lawsuits are frequently brought for injuries sustained as a result of negligence, defective products, medical malpractice, unsafe premises, unsafe products.
(2) Contract Actions:
You paid a supplier to deliver merchandise. The goods were defective. You want your money back. Or you paid a contractor to repair your leaky roof and after constantly badgering him to finish the job, hired someone else to do it. You want to “sue the tar out of him” but at least recover what it cost you to have someone else do the job. You can file a civil action claiming breach-of-contract.
(3) Actions:
The typical divorce and custody and support cases.
(4) Private nuisances:
The proverbial “neighbor’s dog incessantly howling day and night and the neighbor does nothing” story. You file a lawsuit to force you neighbor to do something about his/her howling mutt.
Although there are over a million of them filed each year in Federal Bankruptcy Court, bankruptcy matters are not really lawsuits. There is no plaintiff or defendant although there may be claims raised in Bankruptcy Court that resemble lawsuits.
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Categories: Family Law FAQ Tags: bankruptcy
My spouse is dying from asbestosis. What happens to our family after he dies?
Asbestosis Family Death Injury Law
My spouse is dying from asbestosis. What happens to our family after he dies?
If your spouse has an asbestos lawsuit filed on his behalf before his death, his estate will take over the case and any damages will be awarded to the estate and divided among his survivors as would any other asset of the estate. Unless your spouse makes specific provisions in his will, most or all of the money will go to you as the surviving spouse. Depending on where you live, smaller amounts may be reserved to go to children directly.
Additionally, after your spouse dies, family members can institute a suit for wrongful death, seeking damages for loss of companionship, burial expenses, loss of economic benefit, and other losses related to your spouse’s death. Many of these damages are extremely subjective and putting a dollars and cents value is probably one of the most difficult tasks for the courts. There are many, many factors that must be taken into account to determine how much money to compensate an injured person. However, both the insurance companies and the courts have experience in determining how to value the loss of a relationship, how much your spouse could have contributed to the family wealth, and how much your emotional distress at watching your spouse die from asbestos exposure related complications is worth.
See our section on non-economic damages for more information.
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Categories: Personal Injury Laws Tags: asbestos, estate, family, injury
Raptiva Linked to Fatal Brain Infection
Raptiva Linked To Brain Infection Drug Toxic Chemicals
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Raptiva Linked to Fatal Brain Infection
The California-based drug firm Genentech has announced a voluntary, phased withdrawal from the market of its psoriasis drug Raptiva, which has been linked to a rare but usually fatal brain infection.
Genentech’s action
As of last October, three cases of the disorder, progressive multfocal leukoencephalophathy (PML) had been reported to the Food and Drug Administration in patients taking Raptiva, two of them fatal. A fourth patient with possible PML also died. All of the patients, ages 47-73 years had been taking the drug for at least three years.
“Our decision to remove Raptiva from the market reflects Genentech’s commitment to patient safety,” Hal Barron, MD, the firm’s Senior Vice President for Development and Chief Medical Officer, said in a statement. “Although we believe that many psoriasis patients are benefiting from Raptiva, the balance between benefit and risk in the psoriasis population for which Raptiva was approved has significantly changed.”
The company estimates that 2,000 patients in the US currently taken the drug and that 46,000 patients worldwide have taken the drug.
In a letter to Raptiva patients, Dr. Barron advised them not to stop taking Raptiva without first talking to a physician because sudden withdrawal could have serious side effects, such as worsening of the psoriasis leading to hospitalization.
“There is no way to know ahead of time who will get PML,” he wrote. “There is no treatment or cure for PML. People who do live with PML are severely disabled.”
To give physicians time to withdraw patients from the drug and change treatment, pharmacies will be able to refill prescriptions until June 8, 2009, however, no new prescriptions will be filled.
Background
The FDA approved Raptiva for treatment of moderate to severe plaque psoriasis in 2003. No cases of PML were seen in the 2,764 patients treated with Raptiva in the clinical trails that led to the approval of the drug. Of those patients, 2400 had been treated for two months, 904 for six months, and 218 for one year or longer.
Last fall the Food and Drug Administration ordered Genentech to change the Raptiva label to highlight in a boxed warning the risks of life-threatening infections, including PML. A Public Health Advisory alerting to the risk of PML, which is a rare, progressive neurological disease caused by a virus that affects the central nervous system, followed the action in February.
Regulators in Europe, Canada, and Malaysia have recommended that the drug be withdrawn from the market.
Potential for lawsuits
Geentech’s withdrawal of Raptiva is expected to lead to a flood of lawsuits. A recent Supreme Court ruling, Wyeth V. Levine, holding that a patient injured by a drug can sue the maker even though the Food and Drug Administration oversees warnings on drug labels about possible side effects opens the door for plaintiff suits.
If you or any member of your family uses Raptiva, consult your physician first, and then call an attorney immediately.
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What are “prepackaged bankruptcy plans” for business filings?
prepackaged plans business bankruptcy
What are “prepackaged bankruptcy plans” for business filings?
Sometimes companies prepare a reorganization plan that is negotiated and voted on by creditors and stockholders before the company actually files for bankruptcy. This shortens and simplifies the process, saving the company money, and frequently generating more for the creditors as there is less spent in legal and related fees, there is less disruption to the company’s business and less damage to its goodwill. For example, Resorts International and TWA used this method. Prepacked bankruptcy plans generally qualify as a plan of reorganization under a Chapter 11 case.
If the prepackaged plan involves an offer to sell a security, it may have to be registered with the SEC. Under the Bankruptcy Code, two-thirds of the stockholders who vote must accept the plan before it can be implemented, and dissenters have to go along with the majority.
(Reviewed 11.10.08)
Categories: Bankruptcy laws Tags: bankruptcy, dwi, legal
How do I protect my band’s name?
Protect Bands Name Music Law Intellectual Property
How do I protect my band’s name?
A “trademark” helps protect a band’s name and merchandising. A trademark is any word, phrase, design, symbol, or other similar marketing devices used by manufactures and merchants to identity and distinguish them from products and services sold by others. (See our section on “Trademark” for more information.)
Musical acts generally provide services, not products. Since a band initially provides a “service” and not a product per se, a servicemark is the proper method to protect the name of a band. Once you start selling product commercially on a national scale, you may then want to also register a trademark for your products and merchandise (e.g. CD’s, tapes, T-shirts, stickers, caps, etc.).
(Reprinted with permission of Ruben Salazar, Esq.)
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Categories: Intellectual Property Laws Tags: C
How long must child support be paid?
How Long Support Child Support
How long must child support be paid?
The duration of this responsibility depends upon state law. All states require both parents to be financially responsible for their child during the child’s minority, generally through the child’s high school years. A few states have extended the time for financial responsibility beyond the minority of the child. Child support can be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, or if the child becomes emancipated or self-supporting.
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Arnoparentalconsent – What is the age without parental consent in arkansas?
What is the age without parental consent in arkansas?
Male: 18
Female: 18
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Can one spouse get a divorce just because s/he is tired of being married?
Can one spouse get a divorce just because s/he is tired of being married?
Each state has its own laws determining when and under what circumstances a divorce can be sought and granted. In some states both sides can agree to obtain a divorce with only a brief waiting period. Other states, however, have laws that claim to permit a divorce only if there are “grounds”, meaning that the divorce is one spouse’s “fault”.
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Am I eligible for workers’ compensation for asbestos exposure? Will my recovery in a civil lawsuit against the manufacturer of asbestos products affect my workers compensation claim for asbestos disease? Do I get to keep all the benefits?
Asbestos Workers Compensation Injury Law
Am I eligible for workers’ compensation for asbestos exposure? Will my recovery in a civil lawsuit against the manufacturer of asbestos products affect my workers compensation claim for asbestos disease? Do I get to keep all the benefits?
Workers’ compensation is only one way in which you can recover for asbestos exposure. You would institute a workers’ compensation case against your employer; however, there are other parties who may also be liable to you for the exposure.
Asbestos manufacturers and suppliers as well as the manufacturers of ineffective safety equipment have been held liable for asbestos exposure and the resulting damages. In addition, your family members, such as your spouse, may be able to institute an action for damages for loss of your companionship and damage to the relationship, loss of economic benefit and opportunity, and emotional distress.
Any recovery you or your family makes in a civil case should not affect the amount of your workers’ compensation benefits. In each case, you are being compensated for different types of liability or different types of damages.
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Categories: Personal Injury Laws Tags: asbestos, family, injury