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Legal Articles, General Practice

The Equal Credit Opportunity Act and Family Members' Signatures

The ECOA 15 U.S.C. 1691 makes it unlawful for any creditor to discriminate in any credit transaction on the basis of marital status.

Receivership in Commercial Foreclosure in Illinois

There is a strong presumption in favor of the mortgagee seeking to appoint a receiver in commercial foreclosure cases. The mortgagor's burden of demonstrating "good cause" as to why a receiver should not be appointed is rather difficult to overcome.

Second DUI Penalties in California

Second DUI in California is defined as: • Driving under the influence of alcohol, with a blood alcohol count of 0.08% or higher • Committing the offense for the second time within the space of ten years The penalty for a second DUI varies depending on the circumstances of the case.

Surprises Are a Bad Thing For An Estate Plan

Everyone likes a good surprise from time to time. There are some situations where a surprise can be welcome. An estate plan is not one of these situations. A surprise in an estate plan can lead to difficulties and difficulties can cost your estate money.

California DUI Under Age 18

When the BAC level exceeds 0.05% for an underage DUI offender, charges can be incremented to a misdemeanor offense. The penalties for this include possible time in jail for even first time offenders.

ERISA Preemption After Rush Prudential

This article describes the pervasive reach of ERISA preemption as found by the U.S. Supreme Court and the federal appeals courts

Exiled to ERISA's Stark Terrain

This article describes the difficulties that claimant's face in seeking to enforce their rights to ERISA benefits.

Building the Magnetic Shield: ERISA's Departure from its Original Purpose

This article describes the disagreements between the Fifth Circuit and the U.S. Supreme Court over various areas of ERISA law over the past 25 years.

The NFL and ERISA

A description of an NFL's player's plight in trying to obtain disability benefits from the NFL Retirement Plan

Consequences for Probation Violation?

Probation is a great way to avoid any or additional jail time. It is important to know that probation is a privilege not a right, and like most privileges there are rules attached. The severity of the consequence for a probation violation can depend on the original crime and the type of violation.

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