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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 […]
What “Full Custody” Really Means
I have been asked by several potential or current clients whether I think they can get “full custody” of their children in a contested custody proceeding. I respond by asking the client what he or she means by “full custody,” and the answers are, as you may imagine, varied. Some parents want the other parent […]
The Collateral Source Rule
Kansas Law Under the law of Kansas, when an injured party seeks damages in court for personal injury, that person is entitled to recover his or her medical expenses. The fact that some of the medical expense was paid for by another source, such as the injured party’s own insurance or Medicare generally doesn’t matter. […]
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