Posts Tagged ‘Lawsuits & judgments’
You Can Sue for Anything in a Lawsuit
When someone sues you, that person usually wants money. But not always. In a recent divorce case, Richard Batista, a New York surgeon has asked his estranged wife to return, of all things, the kidney he donated to her in 2001. Unfortunately for Dr. Batista, he probably won’t get his kidney back. In a rare [...]
Avoid a Ponzi Scheme—and Get Sued!
The most important lesson of the Bernie Madoff Ponzi Scheme is that even the world’s most sophisticated investors—not to mention regulators—were asleep at the wheel. It underscores why you need to be skeptical of something that seems too good to be true, because it probably is. But there’s another, mostly overlooked, lesson as well. If [...]
No Good Deed Goes Unpunished
If you ever feel compelled to help someone in an emergency situation, I have some free advice: think twice. You might get sued. Most states have so-called “Good Samaritan” laws that shield would-be rescuers from legal liability in emergencies. However, these laws vary widely from state to state. And they often have holes large enough [...]
Negotiate, Don’t Litigate
I’ve been involved in lawsuits (fortunately, not for more than a decade), and believe me, they’re no fun. To begin with, lawsuits are terrifically expensive. In the 1990s, I spent over $100,000 in legal fees in a lawsuit I brought against a former business partner. A few years earlier, I spent nearly $50,000 defending myself [...]
Attack of the $54 Million Pants
If you don’t recognize Roy L. Pearson’s name, you should. He’s the latest poster boy for frivolous lawsuits, and for good reason. And now, he’s back in court. In 2005, Pearson filed a $67 million lawsuit against Jin Nam and Soo Chung, who operated a dry cleaning service, for losing his favorite pair of pants. [...]
Attorney-Client Privilege: Use It, Don’t Lose It
When you retain a licensed attorney, you generally have the right to refuse to disclose all “confidential communications” between you and your attorney. You also have the right to prevent others from disclosing confidential communications. In U.S. law, this is known as the attorney-client privilege. If your attorney delegates responsibilities to others, the privilege usually [...]
Click Here to Sue!
Looking for a quick buck? Starting next month, you could do worse then surfing to WhoCanISue. You too can get rich playing the “lawsuit lottery,” Just go down the list of everyone you don’t like, along with everyone you think has wronged you, to see if you have a case. It couldn’t be easier. On [...]
Asset Protection by Stealth: Why—and How
Lots of people contact me because they’re interested in protecting their assets. Yet, in setting up an “asset protection plans” for clients, I always caution them never to refer to their plan as, well, an “asset protection.” Why it that? It’s because “asset protection” has a negative connotation, especially in the United States. The United [...]
Mary, Mary, No Longer So Contrary
One of the best ways to protect wealth you simply can’t afford to lose in a frivolous lawsuit is with an offshore trust. However, there’s a right way—and a wrong way—to form an offshore trust. And a Florida resident named Mary Morris is the newest poster child on how NOT to form and use an [...]
Don’t Be the Next Victim in the “Lawsuit Lottery”
A friend and colleague—and a very successful trial lawyer—assures me “there are no frivolous lawsuits.” I believe him, too, at least with respect to the cases he accepts. Unfortunately, many other lawsuits can only be described as frivolous. One study estimates that 50,000 new lawsuits are filed every day in U.S. state and federal courts. [...]