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Trust & estate litigation - 24 November 2010

  • Day Pitney LLP
  • -
  • USA
  • -
  • November 24 2010

Case law relating to trusts and estates is constantly evolving

Employer's law blog - court orders production of notes prepared by plaintiff, not on request from counsel

  • Day Pitney LLP
  • -
  • USA
  • -
  • April 26 2012

The New Jersey Appellate Division recently held that handwritten notes prepared by a plaintiff before she met with her attorney are not protected by the attorney-client privilege and must be produced in discovery, where the notes were not prepared at the attorney’s direction or under his supervision

"It vexes me. I'm terribly vexed."

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 4 2012

The Hyde Amendment gives criminal defendants the chance to win attorney's fees and costs when "the court finds that the position of the United States was vexatious, frivolous, or in bad faith."

New Year's resolution -- make sure your estate plan reflects your wishes

  • Day Pitney LLP
  • -
  • USA
  • -
  • January 17 2013

With the start of a new year and the enactment of a new federal law that will affect estate planning in a variety of ways, now is the time to review

Agreement for “direct use immunity” did not preclude federal prosecutors from sharing defendant’s incriminating proffer statements with foreign (or state) authorities

  • Day Pitney LLP
  • -
  • France, USA
  • -
  • June 23 2009

The Ninth Circuit Court of Appeals has affirmed that a criminal defendant’s agreement with federal prosecutors not to use against him any statements made by him during proffer sessions did not bar the U.S. Attorney’s Office from sharing his incriminating statements with authorities in France who then used the statements against him in French criminal proceedings

Donoghue v. Horner

  • Day Pitney LLP
  • -
  • USA
  • -
  • May 28 2009

Case law relating to trusts and estates is constantly evolving

Rochalski v. Sklodowski

  • Day Pitney LLP
  • -
  • USA
  • -
  • January 11 2012

In Rochalski v. Sklodowski, Case No. 10-P-1750, 2012 Mass. App. Unpub. LEXIS 12 (Jan. 6, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed the probate court's judgment voiding certain transactions on grounds of lack of capacity and undue influence

Connecticut Authorized House Counsel registration procedure

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 12 2007

Subsequent to our September 6-7 Briefings on the new Connecticut Rule 2-15A on registration of Authorized House Counsel (AHC), we have obtained the following new information of importance

Immediate appeal is permitted to challenge a trial court’s authority to vacate a previous judgment

  • Day Pitney LLP
  • -
  • USA
  • -
  • April 11 2007

The Supreme Court of Connecticut recently found another exception to the final judgment rule under the second prong of State v. Curcio, 191 Conn. 27, 31 (1983), reaffirming that parties may immediately appeal and challenge a trial court’s power to vacate a previous judgment or order

US Supreme Court gives district court judges broad sentencing discretion

  • Day Pitney LLP
  • -
  • USA
  • -
  • February 18 2008

In December 2007, the U.S. Supreme Court issued two decisions which give federal judges more discretion in imposing sentences significantly lower or higher than the sentencing ranges recommended in the federal Sentencing Guidelines