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Author Archives: jackpeggs

The Strange Case of Spilled Coffee

Did you ever wonder what the facts were in the famous (or infamous) McDonald’s coffee spill case? It’s been a few years but it is still remembered by many, especially by those who use it as an example of a tort system having gone wild. Is there more to it than just some woman spilling […]

Negligence, Malpractice and Some Differences

There are occasions when lawyers who represent clients injured as the result of the misconduct of their dentist or physician would prefer to characterize the acts or omissions of the practitioner as other than an action based on negligence. An example might be where the statute of limitations might bar a negligent act but allow […]

So, You Want to Make Federal Case Out of It?

When we were all kids, sometimes, to make the point that too much was being made of a situation, we used to say something to the effect, “you don’t have to make a federal case out of it.” Consequently, many of us grew up believing that a federal lawsuit involved anything with substantial issues or […]

Periodontal disease and Dental Neglect

Periodontal disease is a serious oral infection which invades the soft gum tissue surrounding teeth and advances to destroy the bone and ligaments which anchor the teeth in the oral cavity. Because of the destruction of these supporting structures, teeth loosen and are eventually lost. Periodontitis, as this disease process is called, is related to […]

Discovery in Litigation

When lawyers speak of “discovery” within the context of the handling of a lawsuit, they are referring to the process by which information is collected from an opposing party. This process includes interrogatories, requests for the production of documents and material things as well as depositions and other procedural devices. What all discovery devices have […]

Will or Trust: Is there a Preference?

People are sometimes confused about the differences between a will and a trust. Frequently, without knowing exactly why, some people believe that one is superior to the other. There are very real differences, but one is not necessarily superior to the other. A Last Will and Testament is a document in which a person, called […]

Who should own the trademark for a business

It may sound perfectly obvious but the party or entity which controls the quality of the goods of a particular brand should be owner of the associated trademark. The owner of a trademark can be an individual, a partnership, a corporation or possibly some other legal entity such as an estate. Sometimes, if there is […]

The locality rule

In malpractice law there is a concept known as the “locality rule”. Proof of malpractice requires that the claimant demonstrate that the opposing party committed an act inconsistent with the standards of care of his or her profession as established by members of the same profession in the same or similar communities. As the rule […]

Something about Trademark Law

One can think of a trademark as most anything which identifies a product in the mind of the public. A trademark or “mark” can be a fanciful name, a logo, a slogan or a combination of such things. The issue in a trademark infringement case is whether a junior mark has such similarity to that […]

How does a court judgement affect a debtor’s homestead after death?

When a judgment is rendered, any real estate owned by the debtor in the county where the judgment is obtained becomes burdened with a lien in favor of the judgment creditor for the amount of his or her judgment. This is called a judgment lien and it may be thought of as having the same […]