Posts written by buteralaw

Latin Lovers MMVI

The term “in pari delicto” connotes a doctrine invoked by the courts to deny recovery where it is shown that a plaintiff is equally guilty or responsible for his injury with the defendant.   Literally meaning “in equal fault”, the courts rely on this principle to… Continue reading

Pension/Profit Sharing Update

As a courtesy by Don Motel, who runs DGM Company in Wayne, Pennsylvania, I thought it would be helpful to pass along the maximum limit adjustments for 2006 pension and profit sharing plans together with 2004 and 2005 limits for comparison: MAXIMUM LIMITS 2004 2005… Continue reading

The Queen’s English — Banished (As Well They Should Be)

Writers like to add spice to their texts by sprinkling them with metaphors, analogies, and similes; well-conceived, they can add color and sometimes make a concept more-easily grasped. (Churchill’s Iron Curtain and Eisenhower’s military/industrial complex are two brilliant and enduring illustrations.) They can however be… Continue reading

The End of Common Law Marriage

Over the last few years we have seen an increasing number of claims between “spouses” based upon the existence of an alleged “common-law” marriage. Why is this? For one, the institution of marriage potentially creates significant property rights in each spouse. Additionally, insurance, retirement and… Continue reading

DNA Paternity Testing — A New Paradox Unfolds

  With the refinement of deoxyribonucleic (DNA) testing in the past decade, the determination of paternity of a child is now virtually absolute; litigation involving the putative father is understandably emotionally charged for so many reasons. The primary consideration must always be the child; who… Continue reading

Social Security Death Benefits

The death of a family member can be a traumatic time for the individual’s surviving family members. Even when the death is expected (due to old age or failing health), the surviving family members often are not emotionally or financially prepared for the death of… Continue reading

The Ever Changing Supreme Court

The Supreme Court of the United States is the highest court in the land. As our highest court, it provides the leadership of the judicial branch of the federal government. The court consists of the Chief Justice and eight Associate Justices all of whom are… Continue reading

It’s My Name, Thank You

    Trade names and trade marks can be among a company’s most valuable assets, and lawsuits to protect them are not uncommon.  To name a few highly recognized trade names and marks, think of General Electric, Coca Cola (with its specially shaped bottle and… Continue reading

Who Needs Title Insurance?

    Purchasing a home is one of the most important investments that an individual may make during his or her lifetime.  For many, the experience is extremely stressful.  One reason the process is so stressful is that most people are not familiar with it. … Continue reading

IRS Issues Notice That It Will Focus Its Microscope On S-Corps

    Due to the phenomenal growth of S-corporations over the past 20 years, the IRS has recently announced that it is getting ready to measure S-corp and shareholder compliance.  In its announcement, the IRS indicated that it would randomly select for examination 5,000 S-corp… Continue reading