Legal Solutions  Blog

76H Children Out–Of–Wedlock 76HI Status in General 76Hk1 k. Name and Status; Parental Relation in General. Following change of custody of illegitimate child from mother to father, change of child’s name from “Weather’By Dot Com Chanel Fourcast Sheppard” to “Samuel Charles Speir” was in child’s best interests; child was of a very tender age and could show no preference, [...]

279 Nuisance 279I Private Nuisances 279I(A) Nature of Injury, and Liability Therefor 279k3 What Constitutes Nuisance in General 279k3(10) k. Keeping and Slaughter of Animals. Evidence that barking from dogs housed in adjacent property owned by kennel operator could be heard inside neighbors’ houses, that it continued for extended periods at all hours of day and night, and that although neighbors [...]

110 Criminal Law 110XXXI Counsel 110XXXI(F) Arguments and Statements by Counsel 110k2071 Scope of and Effect of Summing Up 110k2073 k. For Prosecution. A prosecutor is not precluded from vigorous advocacy, or the use of colorful adjectives, in summation. United States v. Williams, 690 F.3d 70 (2nd Cir. 2012) [...]

28 Animals 28k66 Injuries to Persons 28k74 Actions 28k74(5) k. Weight and Sufficiency of Evidence. In action for injuries sustained when defendants’ horse rolled over and fell on plaintiff, plaintiff failed to carry his burden of proof with respect to one of the essential issues that the horse in fact possessed a dangerous inclination to fall and roll as speculated [...]

114 Customs Duties 114II Goods Subject to Duty, Rate, and Amount 114k26 Metals and Manufactures Thereof 114k26(3) k. Articles Not Specially Provided For. Tuned metal gong rods contained within clock cabinet that were struck by hammers contained within cabinet and used to audibly announce time were not better classified as musical instrument part not specifically provided for, as opposed to [...]

78 Civil Rights 78II Employment Practices 78k1199 Age Discrimination 78k1207 k. Public Employment. City presented legitimate, nondiscriminatory reasons for decision not to retain or hire police officer into another position during pendency of or upon completion of grant pursuant to which she was hired, thereby overcoming presumption of discrimination in violation of Age Discrimination in Employment Act (ADEA) arising from [...]

279 Nuisance 279I Private Nuisances 279I(A) Nature of Injury, and Liability Therefor 279k3 What Constitutes Nuisance in General 279k3(1) k. In General. Obstruction of landowner’s view by naturally growing tree on abutting landowners’ property was not a nuisance, as it involved no conduct of abutting landowners that was intentional, negligent, reckless, or ultrahazardous, nor was the obstruction of landowner’s view an [...]

24 Aliens, Immigration, and Citizenship 24X Offenses, Penalties and Prosecutions 24k773 k. Reentry After Removal. Alien who had been previously deported could not be found guilty of violating Immigration and Nationality Act by being “found in” United States where he was stopped at airport and had not yet passed through immigration inspection; mere fact alien was “in” United States [...]

388 Trial 388VIII Custody, Conduct, and Deliberations of Jury 388k304 k. Misconduct of Jurors. In personal injuries action, trial court erred in refusing to declare mistrial when, on fourth day of trial, one of jurors appeared intoxicated by having alcohol on his breath, making grimacing motions, waving his hands and attempting to engage in conversation with other jurors during [...]

134 Divorce 134V Spousal Support, Allowances, and Disposition of Property 134V(D) Allocation of Property and Liabilities; Equitable Distribution 134V(D)5 Valuation, Division or Distribution of Particular Property or Interests 134k785 k. Personal and Household Goods. Trial court in dissolution proceeding erred in awarding custody of parties’ dog to husband with visitation rights in wife; as personal property dog must be awarded [...]

156 Estoppel 156III Equitable Estoppel 156III(A) Nature and Essentials in General 156k62 Estoppel Against Public, Government, or Public Officers 156k62.1 k. In General. A necessary precondition for equitable estoppel against the government is a governmental act or omission that invites a citizen onto a welcome mat. City of Jacksonville v. Coffield, 18 So.3d 589 (Fla.App. 1 Dist. 2009) Suggested by Brian J. Hooper, [...]

28 Animals 28k3.5 Regulation in General 28k3.5(8) k. Searches, Seizures, Inspections and Forfeitures. Exigent circumstances regarding health and safety hazards justified police officer’s warrantless impoundment of 15 cats found in pet owner’s motor vehicle, where pet owner was living out of her vehicle, the vehicle was crammed full of boxes, coolers, blankets, clothes, books, cooking utensils, a large bag [...]

393 United States 393VIII Claims Against United States 393k120 Making or Presentation of False Claims and Other Offenses Relating to Claims 393k120.1 k. In General. “False,” for purposes of the False Claims Act, does not mean scientifically untrue, but a lie. Pfingston v. Ronan Engineering Co., 284 F.3d 999 (9th Cir. 2002) [...]

51 Bankruptcy 51XVIII Individual Debt Adjustment 51k3704 Plan 51k3705 k. Claims and Assets; Propriety and Feasibility in General. Chapter 13 debtors do not have any entitlement, at expense of their creditors, to maintain their prepetition lifestyles and status in society, especially where their prior lifestyles were characterized by luxury, excessive consumption of nonessentials, or inordinately high expenditures for purchases [...]

48A Automobiles 48AV Injuries from Operation, or Use of Highway 48AV(A) Nature and Grounds of Liability 48Ak157 k. Incompetency or Inexperience of Operator. Facts that motorist was observed driving east in center lane for westbound traffic on six-lane road with a 12-inch by 24-inch sheet of plywood covering driver’s side of windshield and, a few minutes after being stopped by [...]

142 Ejectment 142I Right of Action and Defenses 142k8 Title to Support Action 142k9 In General 142k9(3) k. Sufficiency of Title in General. Under Wisconsin law, plaintiff in ejectment must prevail if at all on strength of his own title, and not upon weakness of his adversary’s. Blask v. Sowl, 309 F.Supp. 909 (W.D. Wisc. 1967) [...]

151 Escape
151k6 k. Defenses.

Escaped prisoner’s hostile greeting to police, complete with gunfire, tended to militate against inference that he and other escapees desired to report to authorities once they were safely beyond prison walls.U.S. v. Garza, 664 F.2d 135 (7th Cir. 1981)

268 Municipal Corporations 268XI Use and Regulation of Public Places, Property, and Works 268XI(C) Public Buildings, Parks, and Other Public Places and Property 268k717 k. Buildings and Structures for Use of Public in General. Under Montana law, public library did not breach any duty towards visitor in terminating his library privileges, where visitor engaged in multiple confrontations with staff after [...]

258A Military Justice 258AII Punishable Offenses and Defenses to Charges 258Ak705 Larceny 258Ak709 k. Evidence. Evidence concerning larceny charge was sufficient to find that accused stole 13 refrigerators, 28 microwave ovens, 24 coffeemakers, and 31 boxed sets of pots and pans from warehouse; testimony of civilian witnesses indicated that accused took between 10 and 15 refrigerators, 15 and 20 microwave [...]

16 Admiralty 16II Remedies and Procedure in General 16k28 k. Grounds of Proceeding in Rem. Doctrine of in rem liability of vessel applies where owner of vessel has entrusted control to a third party, and under this doctrine, charterers, pilots, and stevedores are considered to be in lawful possession, whereas pirates, mutineers, and “like” people are not. Churchill v. F/V [...]