Menu

It’s not unusual for a potential beneficiary to question the wording of a will or trust, claiming that the document doesn’t mean what it says. But it is much less common for the person questioning the wording to be the person who created the document.

When you are asking a court to deprive someone of a fundamental constitutional right, saying that you “believe” the person “likely” agreed to that surrender isn’t a very persuasive argument.

When Mom has dementia and her daughter, as her authorized representative, is handling her health care decisions, does the daughter have the power to sign a residential care facility’s arbitration clause on Mom’s behalf?

In the latter half of 2021, the California Court of Appeal issued two published decisions denying employers’ petitions to compel arbitration of employment disputes. These decisions provide important guidance as to what employers must do in order to successfully compel arbitration of lawsuits brought by former employees – including mistakes employers can avoid when attempting to meet their burden of establishing the existence of an agreement to arbitrate, and in ensuring that arbitration agreements provide essential fairness to employees.

If a hotel, store, or other commercial building becomes unusable because of contamination by asbestos or noxious or dangerous chemicals, the resulting losses to the building’s owner would probably be covered by property insurance policies. So why are losses linked to COVID-19 any different?

If an elderly mother gives her adult son the legal power to manage her affairs, do other parties have the right to assume he is acting on her behalf when he signs a contract?