In many industries, companies prepare for orders from customers without having a firm purchase order or other contract. This preparation could involve getting inventory in place for the manufacturing expected order or for a reseller ordering the product so that it is ready to ship when the customer asks for it. If the customer does not order the amount of…
Your controversial Will can now be preapproved by the Probate Court while you are still alive. Effective July 1, 2014, the New Hampshire Legislature made several revisions to the Will and Trust statutes; one of which permits a person who drafts a Will and notices all interested parties to go before a probate division of the circuit court and get…
In the case of Walsh v. Wong, the Massachusetts Superior Court addressed the issue whether a statement given by the defendant to her insurance company could be withheld from the injury victim. In December 2010, the plaintiffs were struck by the defendant Wong who failed to stop at a stop sign resulting in the crash. The defendant gave a statement…
In Zaleski v. Zaleski, the wife was the recipient of support for the benefit of her and the children. The trial court ordered that the wife maintain life insurance to secure her obligations to cover the children’s expenses if she died while the children were still dependent upon the parents for support. While the Supreme Judicial Court remanded the decision…
In Zaleski v. Zaleski, the wife appealed to the Massachusetts Supreme Judicial Court the trial court’s decision to calculate alimony only on the husband’s base income, and excluded his bonus income. In reviewing the statute, the Supreme Judicial Court noted that an award of alimony is necessary to assure the self-sufficiency of a spouse who is determined to be dependent,…
Recently, the Massachusetts Supreme Judicial Court interpreted the alimony statute in the case of Zaleski v. Zaleski. In Zaleski, the parties were married in 1994 and had two children before the wife filed for divorce in 2010. During the marriage, the wife was employed outside the home until 2008 when she lost her job. Prior to losing her job, the…
People with an entrepreneurial spirit may join with others of like mind to invest time and perhaps money into a start-up company. If the start-up company becomes successful and produces a good or service that customers ultimately purchase, the company can be successful. Those who invested time and money may reap a return on their investment including, possibly an ownership…
When a person is injured in an automobile accident as a result of roadway debris left from a truck, car, bus, or other motor vehicle, the injury victim needs to establish that the debris was left as a result of the negligence of the defendant. In order to establish negligence, the injury victim needs to prove that the defendant breached…
As mentioned in the beginning of Part I of this series, business owner disputes can have the same animosity or more than in a marital divorce. In some circumstances, divorcing spouses, notwithstanding their feelings of betrayal or their perception that their spouse is being greedy, may rise above their emotion if minor children are involved because a resolution between them…
In Massachusetts and New Hampshire if a minority owner of a business is forced out of a closely-held company, the rights and obligations of the parties in how and where to resolve the dispute is first determined by any agreement between them; whether it be a Shareholder Agreement, LLC Membership Agreement / Operating Agreement, or Partnership Agreement. Such an agreement…