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Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple’s real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two common types of distribution schemes. Community Property v. Equitable Distribution “Community Property.” Nin…
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Governments and government agencies are potentially liable for accidents caused, in whole or in part, by defects in highway design and maintenance. Such liability is heavily dependent on local law and the extent to which the doctrine of “sovereign immunity” is enforced in a particular state. Sovereign Immunity The doctrine of “sovereign immunity” was inherited from E…
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The principles of product liability provide consumers with some protection against injury from defective products and a means of recovering damages for injuries resulting from the use of defective products. The protection is in general provided by state laws. As a consequence, the nature, extent and procedures connected with this protection vary significantly from state to state. The most e…
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Many 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. This is usually accomplished by the purchase of an “annuity …
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There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or all of the following costs often associated with legal action: Attorneys’ fees and costs advanced Medical and related costs incurred but not paid Med…
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