The recent opinion issued by the American Bar Association (ABA) on guardianship has been described as a significant and welcome development by advocates in the field. This new guidance aims to refine and clarify the expectations and responsibilities of attorneys involved in guardianship cases, particularly focusing on ensuring that the rights and autonomy of wards…
The American Bar Association (ABA) recently advised legal practitioners to minimize the use of guardianships whenever feasible, highlighting significant concerns regarding personal freedoms and autonomy. Guardianships, while sometimes necessary, can significantly impinge on an individual’s independence and result in lasting ramifications on their basic rights. The ABA’s stance is particularly relevant in light of increasing…
The American Bar Association (ABA) and various state bar associations are increasingly advocating for a shift away from traditional guardianship arrangements. These organizations are encouraging attorneys to consider less restrictive alternatives that prioritize the rights and autonomy of individuals who may require assistance in managing their affairs. This push reflects growing concerns about the potential…
In recent years, the European Union’s Court of Justice has increasingly focused on safeguarding the foundational values enshrined in Article 2 of the Treaty on European Union (TEU). This turn has generated significant legal and political discourse, emphasizing the pivotal role the Court plays in protecting democracy, the rule of law, and human rights within…
Oracle Corporation has brought a case to a North Carolina federal court, alleging that a former sales employee, recently laid off, is threatening to expose sensitive business information unless compensated with what the company claims is an “unreasonable and outsized fee.” The employee is accused of attempting to sell Oracle’s trade secrets to the highest…
The estate of the iconic musician Prince has reached a settlement with “Purple Rain” co-star Patty Apollonia Kotero regarding a trademark dispute over the name “Apollonia.” The conflict centered on the rights to merchandise and perform under this moniker, a name well recognized by fans of the 1984 classic film. This resolution marks an end…
In a recent call to action, Human Rights Watch (HRW) urged Kyrgyzstan to implement effective safety measures and improve access to justice for women and girls with disabilities. New survey data highlighted the widespread psychological, physical, sexual, and economic abuse they face, compounded by significant barriers to justice and protection. Detailed insights from Human Rights…
In a case that underscores the ongoing complexities surrounding abortion laws in South Korea, the Central District Court has sentenced two doctors to jail for performing a late-term abortion on a woman who was 36 weeks pregnant. The hospital director and the operating surgeon were found guilty of murder, receiving sentences of six and four…
Delaware’s Court of Chancery continues to assert its significant role in corporate governance with recent developments underscoring its enduring importance in the business legal landscape. Last week provided a vivid example, as the court dealt with major high-value legal actions that highlight the ongoing relevance of post-deal stock appraisal suits. Despite previous efforts to curtail…
The Delaware Court of Chancery has expanded its bench to seven magistrates with the recent appointment of Jessie R. Benavides. This marks the largest magistrate bench in the court’s history, reflecting its commitment to managing an increasing caseload effectively. Benavides brings a diverse background in civil litigation, including family law, estate matters, guardianships, and personal…
In a notable development for self-represented litigants in Arkansas, a legal information website, ArkansasLegalNow (ALN), has been launched to assist individuals in navigating legal issues without the burden of exorbitant legal fees. The initiative is spearheaded by Brandon Haubert, a well-versed civil and family law attorney and the CEO of WH Law, based in Little…
Moss & Barnett, a prominent law firm based in Minneapolis, has announced the addition of April King to their team. Specializing as a trusts and estates attorney, King brings a robust portfolio of expertise to the firm. Her practice areas encompass a wide array of services, including probate and trust administration, estate and incapacity planning,…
In a significant acknowledgment by the South Korean government, the Truth and Reconciliation Commission has revealed violations of fundamental human rights within its intercountry adoption processes. According to the commission’s findings, these violations occurred largely due to the absence of a comprehensive legislative framework, insufficient oversight, and non-compliance with administrative procedures. Over the past several…
Brittany Courville, previously a Big Law associate, has found herself embroiled in a defamation suit after transitioning to a career as a social media influencer. Courville, who commands a notable presence on YouTube with 163,000 subscribers, often delves into discussions surrounding guardianships for individuals challenged by substance abuse issues. The legal conundrum arises from her…
Tucker Arensberg has announced the appointment of Doug DeNardo and Jennifer Bittel Derby as co-chairs of its estates and trusts group. The announcement, made on Monday, highlights the unique skill sets that each brings to the position. Doug DeNardo brings his expertise in advising individuals, families, and closely-held business owners on both tax and non-tax…
New Zealand has recently enacted legislation that confers legal personhood on Mount Taranaki, marking a significant development in recognizing the cultural importance of natural features to the Māori iwi. This legal recognition ensures that Mount Taranaki is bestowed with rights and responsibilities akin to those of an individual, acknowledging its status as an ancestral figure…
Matthew Rossiter has joined Lathrop GPM as a partner in their private client services practice group and trust and estate litigation team, based in St. Louis. His expertise will be a key asset to the firm’s expanding trust and estate litigation practice. Rossiter’s professional background encompasses a wide array of services, as he represents trustees,…
In a significant development, Morocco has introduced extensive reforms to its family law, marking the first comprehensive review of the Moroccan Family Code in two decades. Unveiled by the country’s justice and Islamic affairs ministers, these reforms are aimed at expanding women’s rights, particularly in areas of child custody, guardianship, and polygamous marriages. Among the…
In a significant development impacting legal practitioners in New Jersey, the state’s Supreme Court has ruled that attorneys appointed to defend residents at risk of state-imposed guardianships are not entitled to fees for extraordinary work. This decision, delivered in a unanimous opinion, highlights that, despite the comprehensive efforts required—such as drafting briefs, making calls, and…
Katherine Oswald has been appointed as a partner at Burke, Warren, MacKay & Serritella, joining the firm’s Chicago branch. Her role will encompass contributions across the wealth and succession planning, trust and estate litigation, and tax advisory services sectors. Oswald’s practice is distinguished by a focus on estate planning, as well as the administration and…
Massachusetts Governor Maura Healey has nominated three candidates for positions within the state’s Probate and Family Court. This court is crucial in managing cases related to divorce, child custody, guardianship, and estate matters. This nomination announcement, made on Wednesday, underscores the importance of these judicial roles in addressing sensitive and complex family law issues. Further…
In a significant move reflecting its conservative stance on gender issues, the Russian State Duma has adopted a bill that prohibits the adoption of Russian children by citizens from countries where gender reassignment is legal. This legislation, passed with overwhelming support, underscores the country’s commitment to maintaining “traditional values” as expressed by Vyacheslav Volodin, the…
The Ohio Supreme Court has issued a public reprimand to a probate court judge following actions concerning a contentious guardianship case. The judge faced censure for permitting staff to disseminate inaccurate information to the press and for engaging in public commentary on the court’s Facebook page. Notably, the judge’s online posts included unsubstantiated allegations of…
The 2024 Election Day in Connecticut will be marked by special elections in 24 municipalities. The purpose of these special elections is to fulfill the terms of probate judges who are slated to retire within the next year. This information has been confirmed by the office of Gov. Ned Lamont. The news underscores the evolving…
Legal defense attorneys who were previously absolved of wrongdoing in the judicial proceedings concerning the death of esteemed psychiatry professor, Judith Brook, have made an appeal this week. They beseeched the Second Circuit to uphold a lesser court’s ruling which established that temporary guardians, such as themselves, are not considered state actors within the purview…