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The GST Trust Tax Trap

The issues faced by trust and estate lawyers sometimes include complex tax analysis. One of those issues arises when an irrevocable trust skips a generation with trust assets going directly to grandchildren. That event may trigger a tax that is known as the federal generation-skipping transfer (GST) tax. The GST tax can be partially avoided   Continue Reading »

Ruling Raises Questions About OSHA Worksite "Controlling Employer" Policy

An interesting legal development in Texas might prove significant for construction companies and other employers within the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit – and any other jurisdiction that follows its view. The ruling should also encourage employers in other jurisdictions to challenge their circuit court’s rulings on “multiemployer/controlling employer”   Continue Reading »

Seventh Circuit Upholds EEOC's Investigatory Authority Despite Resolution of the Underlying Case in favor of the Employer

In this appeal, Union Pacific Railroad challenged the EEOC’s authority to continue its investigation after issuing a Right to Sue letter and after the district court had granted summary judgment in favor of the employer. While an issue of first impression in this circuit, similar challenges have created a split in authority between the Fifth   Continue Reading »

Utilizing the Appointment of Guardians ad Litem as a Defense Tool to Effectuate Settlement in Cases Involving Minor Plaintiffs and/or Minor Beneficiaries

Cases involving catastrophic injuries to minors, whether through birth trauma, motor vehicle collision, or any other alleged mechanism of negligence, can carry extremely high exposure due to the effect the injuries may have on the minor during the rest of his or her life. Especially in cases where liability is in question, litigants should be   Continue Reading »

Making Hotels Safer For Their Guests

Hotel guests have high expectations of luxury with respect to the services and products they receive during their stay at a hotel.  In particular, they have high expectations about the quality of their room and the customer service provided to them.  Hotel guests also expect excellent hotel safety and security.  But no matter how luxurious   Continue Reading »

Extracontractual Damages Without Bad Faith

Generally third party insurers have good reason to believe that if they don’t commit bad faith, the most they will have to pay for indemnity is the amount of the insurer’s policy limit. Numerous cases, of course, have held that where an insurer breaches the duty to settle, though, it will be on the hook   Continue Reading »

Risk Management: Avoiding Unnecessary Litigation in the Enforcement of Sign Codes

INTRODUCTION Signs used by citizens to convey messages to the public are generally regulated by local town codes and ordinances. Restrictions on the use of such signs can create constitutional issues that municipalities must be wary of when enforcing the provisions of their particular code. Sign use restrictions in an Arizona town’s code were recently   Continue Reading »

Illinois Supreme Court Rejects Employee’s Direct Action Against Employer for Claimed Asbestos Related Illness

In a much anticipated opinion, on November 4, 2015 the Illinois Supreme Court found that the provisions of Illinois’ Workers’ Compensation Act and the Workers’ Occupational Diseases Act (“the Acts”) barred an employee from bringing a direct civil action against his employer for injuries allegedly caused by exposure to asbestos. In Folta v. Ferro Engineering,   Continue Reading »

Johnson and Bell

Johnson and Bell