Sample Memos

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New York

United States of America

How does the receipt of passive investment income affect a payor's obligation to continue paying spousal support upon retirement?

New York

United States of America

In an action for defamation, when will attorney fees be recoverable by a defendant against a plaintiff under New York anti-SLAPP laws?

California

United States of America

Will separate property that was brought into the marriage by one spouse be considered community property if the other spouse contributed to its appreciation in value during the course of the marriage?

New York

United States of America

When a corporation is dissolved without distributing the company's trademark and tradename to the shareholders, can one shareholder legally use the trademark and tradename for their own new entity?

California

United States of America

In the context of spousal support and child support orders, how do courts assess a spouse’s income when the income is based on commission and fluctuates significantly from year to year?

California

United States of America

What is the test for determining whether a worker is an employee or an independent contractor for the purpose of the obligations imposed by California’s wage orders?

New York

United States of America

Does the fact that a home is directly next to a close family member’s home make the home unique for the purpose of assessing whether to award specific performance?

California

United States of America

In what circumstances will a parent be found negligent in gifting their 9-year-old child a BB gun and allowing him to play with it without supervision?

California

United States of America

California

United States of America

Does an employer's duty to accommodate employee disabilities extend to requiring an employer to transition to a paperless office in order to allow an employee with a severe anxiety disorder to work from home?

California

United States of America

Can police obtain the recordings from vehicles equipped with cameras that monitor driver activity when gathering evidence that the driver committed a crime?

California

United States of America

Can shares of a closely held private corporation be left to a beneficiary of a deceased shareholder in the shareholder’s will if the corporate bylaws contain restrictions on transfer?

California

United States of America

Does the fact that a home is directly next to a close family member’s home make the home unique for the purpose of assessing whether to award specific performance?

California

United States of America

Can a pattern on a textile good constitute a new, original, and ornamental design for the purpose of 35 U.S.C. § 171?

California

United States of America

What constitutes unreasonable delay in the administration of an estate for the purpose of declining to award compensation to the personal representative?

California

United States of America

May a party seeking a preliminary injunction be exempted from the requirement to pay a bond in Cal. Civ. Proc. Code § 529 if they are impecunious?

California

United States of America

Can a social media platform be liable for defamatory content posted to its website by a user of the platform?

California

United States of America

Is a property owner subject to liability if a tree on their property falls on a neighboring property and causes property damage or bodily injury?

New York

United States of America

May the court decline to award an estate executor commissions if the executor’s conduct has unreasonably delayed the distribution of the estate’s assets to the beneficiaries?

California

United States of America

What factors will the court consider when determining whether to grant visitation to a step-parent?

California

United States of America

Is an 8-year-old’s act of setting up a series of boobytraps to deflect two would-be robbers within the permissible bounds of self-defense if the boobytraps cause the robbers serious injuries?

California

United States of America

If the employee of a California employer is injured while temporarily working for the employer out-of-state, is the employee entitled to California workers’ compensation benefits?

New York

United States of America

Can shares of a closely held private corporation be left to a beneficiary of a deceased shareholder in the shareholder’s will if the certificate of incorporation or by-laws contain restrictions on transfer?

New York

United States of America

What legal responsibilities, if any, does a person have to provide housing and medical care to an adult child who they did not know existed until the child was already an adult?

New York

United States of America

Can the statements of a defendant corporation's former CEO in a deposition that was taken after he left the company qualify for the party admission exception to hearsay under New York evidence law?

California

United States of America

Does the seller of residential property have a duty to disclose that an infamous murder occurred at the property 70 years prior to the sale, after which the house has developed a local reputation for being haunted?

New York

United States of America

Do the heightened pleading standards for fraud apply to a control person liability claim under section 20(a) of the Securities Exchange Act?

New York

United States of America

May an employee who has filed a workers’ compensation claim as a result of sexual harassment/assault that occurred in the workplace also sue their employer and co-worker who committed the acts of harassment?

New York

United States of America

In the absence of a non-compete agreement, what are the parameters, if any, of a former executive and director’s obligation not to compete with the corporation?

New York

United States of America

Is a parent responsible for the expenses incurred on his credit card if he was unaware that his child had taken his card and used it without his permission?

California

United States of America

Does a personal injury claim survive bankruptcy when the defendant has liability insurance that will defend and indemnify the defendant for the claim?

New York

United States of America

Can evidence of prior criminal charges that did not result in convictions be considered at a sentencing hearing for a current criminal conviction?

New York

United States of America

Is a property owner subject to liability if a tree on their property falls on a neighboring property and causes property damage or bodily injury?

New York

United States of America

Under what circumstances will the court impute income to a spouse for the purposes of child support when there are allegations of intentional underemployment?

California

United States of America

California

United States of America

Does California employment law apply to an employee who lives and works from another state for a California-based employer?

California

United States of America

Under what circumstances will a court impute income to a parent when determining child support?

California

United States of America

In a proposed class action proceeding in federal court against a pharmaceutical company, in what circumstances will the class be certified where the allegations are that the company’s pharmaceuticals cause addiction?

New York

United States of America

Are cryptocurrencies considered to be securities for the purposes of securities regulations?

California

United States of America

What elements must a plaintiff prove to show that a contract existed in a breach of contract action?

California

United States of America

What damages can a parent recover in a wrongful death action based on the death of their adult child?

New York

United States of America

Can an immigration case be reopened more than 180 days after an in absentia order of removal?

California

United States of America

Is there a time limit within which a judge must issue a decision on a submitted matter?

California

United States of America

When can actions with different plaintiffs be consolidated in the federal court?

California

United States of America

Are California cannabis products subject to federal trademark infringement claims?

California

United States of America

Once arbitration has been initiated, is there a time limit that claimants must pursue their claim within?

New York

United States of America

What evidentiary foundation is required for the admission of electronic accounting records as business records at trial?

New York

United States of America

Where two separate actions grounded in the same events are commenced in two different states, will a New York court grant a motion to dismiss the New York action on the basis that there is another action pending in a different state?

California

United States of America

When will an employee be considered to be acting within the scope of their employment for the purposes of the respondeat superior doctrine?

California

United States of America

What are the elements of the tort of malicious prosecution?

California

United States of America

Are factual statements by the Legislature in a statute admissible as evidence in a California state court action?

California

United States of America

Can a parent be held liable for negligent supervision of their child?

California

United States of America

What are the elements of the tort of negligent entrustment?

California

United States of America

In what circumstances will an expert’s evidence be excluded due to the expert’s lack of qualifications?

California

United States of America

What constitutes a sale of personal information under the California Consumer Privacy Act?

California

United States of America

What restrictions does California state law impose on foreclosing on a debtor's personal residence?

California

United States of America

Can a party move to compel additional responses to discovery requests because the responses were factually devoid?

California

United States of America

Is a contract for services valid if it does not contain a duration term?

California

United States of America

Is a contract for services valid if it does not set out the price for the services?

New York

United States of America

Are mandatory retirement policies for law firm partners enforceable?

New York

United States of America

Does New York employment law apply to an employee who lives and works from another state for a New York based employer?

California

United States of America

What remedies are available when a divorcing spouse destroys community property?

California

United States of America

How many plaintiffs are required in order to meet the numerosity requirement for certification of a class action?

California

United States of America

What is the definition of 'crowdfunding' under the Jumpstart our Business Startups Act?

California

United States of America

Is a subsequent marriage to a United States Citizen grounds to reopen the immigration case of a person who has an In Absentia Order of Removal?

New York

United States of America

When a plaintiff adds new parties as defendants to an action after the existing parties have completed discovery, what are the discovery obligations in respect of the claims against the new parties?

California

United States of America

In what circumstances will a labor union be found to have breached its duty of fair representation by discriminating against a member?

California

United States of America

If the family residence has not yet been characterized as community or separate property, can the court order the residence to be sold to pay one party's attorney fees?

California

United States of America

Are there any exceptions to public entity trail immunity for injuries caused by a condition of a trial?

California

United States of America

What are the effects of a trustee's failure to list a parcel of real property on the open market before accepting a private offer?

California

United States of America

What damages is a real property purchaser entitled to when the seller fraudulently concealed material defects in the property?

New York

United States of America

Are damages for lost future earning capacity available in a claim for loss of career opportunities due to discrimination under Title VII?

California

United States of America

Is an expert opinion necessary to establish the source of contamination?

California

United States of America

Is a real property purchaser's failure to discover a concealed fact a valid defense to a fraudulent concealment claim?

Ontario

Canada

In what circumstances can a marriage contract be set aside under section 56(4)(c) of the Family Law Act?

Ontario

Canada

Absent a non-compete agreement, can an employer obtain an interim order barring a former employee from working in the same industry?

Ontario

Canada

In what circumstances has the court imposed the minimum one year sentence for a sexual assault of a victim under the age of 16?

Alberta

Canada

In what circumstances will a registered encroachment run with the land?

Ontario

Canada

In what circumstances will the court award a farmer's adult child a constructive trust over the farm?

Alberta

Canada

In what circumstances will isolation pay and overtime pay be excluded from a common law spouse's income for the purpose of calculating adult interdependent partner support?

Ontario

Canada

In what circumstances can a landlord evict a residential tenant for non-paymebt of rent?

Ontario

Canada

When will the courts find that companies that share the same directors and shareholders are not common employers?

British Columbia

Canada

How have courts apportioned liability where a pedestrian who was crossing the street against the traffic control signal was struck by a speeding motorist who had the right of way but made no attempt to avoid the collision?

Ontario

Canada

Can a respondent to a contempt motion be compelled to testify?

Ontario

Canada

In what circumstances may foster parents be added as parties to child protection proceedings?

Ontario

Canada

Is a marriage contract entered into after the parties had already been married for over a year valid?

Ontario

Canada

Is a spouse's future inheritance included in the valuation of net family property?

Alberta

Canada

Can a contractor renew the lien filing period by returning to complete a nominal amount of additional work at the site?

Ontario

Canada

What remedies, for example nuisance or others, have commercial tenants sought for allegedly damaging behaviours by their neighbouring tenants?

Alberta

Canada

Do tax-exempt student grants constitute income for the purpose of calculating support?

Alberta

Canada

Does the Alberta Court of Queen's Bench have jurisdiction to make an order related to matrimonial or family property located in a foreign jurisdiction?

Ontario

Canada

Can a spouse rent the matrimonial home to a third party without the other spouse's consent if the matrimonial home is in the lessor spouse's name alone?

Ontario

Canada

Is the statutory deductible applicable to slip and falls that occur when the plaintiff is exiting a vehicle?

Nova Scotia

Canada

Will the court consider a party's earnings from the one-time sale of real property when determining that party's income for the purposes of calculating child support?

Ontario

Canada

Are assets held in a family trust that is controlled by one of the parties excluded from the net family property?

Alberta

Canada

Is a lump sum payment received from Veterans Affairs Canada for injuries from service excluded from the division of marital property?

British Columbia

Canada

Can a court consider circumstances other than those listed in section 10(2) of the Federal Child Support Guidelines when determining undue hardship?

Nova Scotia

Canada

In what circumstances will a property owner be found liable for injuries incurred on the premises on the basis that the premises were inherently unsafe, dangerous, or otherwise not fit for use?

British Columbia

Canada

In what circumstances can a government body exclude information shared with it by a third party from disclosure under the British Columbia Freedom of Information and Protection of Privacy Act?

British Columbia

Canada

How does the court determine the retroactive starting date for child support arrears?

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