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Deposing the Forgetful Witness | Civil Litigation Blog
https://jamescivillitigation.wordpress.com/2009/06/09/deposing-the-forgetful-witness
Just another WordPress.com weblog. Expert Witnesses Demonstrative Evidence. Ideas for Case Themes. Deposing the Forgetful Witness. June 9, 2009. Daniel P. Dain. From How to Prepare for, Take and Use a Deposition. By Daniel P. Dain. Q If my client were to testify that you were present at the meeting on Sunday, July 23, 20 , could you dispute that testimony based upon your present recollection? If the witness equivocates, follow up:. A I don’t really remember. Maybe I could. A I don’t remember. Q I would l...
jamesemploymentlaw.wordpress.com
Defending Plaintiff’s Deposition | Employment Law Blog
https://jamesemploymentlaw.wordpress.com/2009/08/13/defending-plaintiff’s-deposition
Featuring James Publishing authors. August 13, 2009. Litigating Employment Discrimination Cases. 6:244 (Defending Plaintiff at Deposition). Be on guard for several improper defense tactics, including intimidation, inaccurate summaries of plaintiff’s testimony, and inappropriate questions. Guard Against Improper Defense Tactics [ 8:111.2]. Do Not Allow Plaintiff to Be Intimidated. Questioning the plaintiff’s honesty or ability to recall). In response to this tactic, respectfully request that defense c...
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jamespublishing | Estate Planning and Asset Protection Strategies Blog
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Estate Planning and Asset Protection Strategies Blog. Just another WordPress.com weblog. IRS Reporting and International Asset Protection Trusts. July 8, 2009. Asset Protection Strategies and Forms. Thus, the Low Profiler takes advantage of all of the benefits of being foreign, and yet is exempt from IRS reporting requirements. That is, these trusts are all tax-neutral to the U.S. Settlor. The Low Profiler is most useful for those clients who:. Are concerned that filing will raise their IRS profile.
jamesestateplanning.wordpress.com
IRS Reporting and International Asset Protection Trusts | Estate Planning and Asset Protection Strategies Blog
https://jamesestateplanning.wordpress.com/2009/07/08/irs-reportingal-asset-protection-trusts
Estate Planning and Asset Protection Strategies Blog. Just another WordPress.com weblog. IRS Reporting and International Asset Protection Trusts. IRS Reporting and International Asset Protection Trusts. July 8, 2009. Asset Protection Strategies and Forms. Thus, the Low Profiler takes advantage of all of the benefits of being foreign, and yet is exempt from IRS reporting requirements. That is, these trusts are all tax-neutral to the U.S. Settlor. The Low Profiler is most useful for those clients who:.
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Drafting for Incapacity, with 4 Clauses | Estate Planning and Asset Protection Strategies Blog
https://jamesestateplanning.wordpress.com/2009/04/10/drafting-for-incapacity-with-4-clauses
Estate Planning and Asset Protection Strategies Blog. Just another WordPress.com weblog. Drafting for Incapacity, with 4 Clauses. Drafting for Incapacity, with 4 Clauses. April 10, 2009. From Texas Trusts and Clauses. By N Dean Hawkins. The possibility of the future incompetence of one or both of the settlors raises special issues. In the event that one spouse might become incompetent, the trust must address:. How to determine whether the spouse is incompetent and who makes the determination? An attorney...
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Using Experts to Prove Causation in Mold Litigation | Civil Litigation Blog
https://jamescivillitigation.wordpress.com/2009/09/01/using-experts-to-prove-causation-in-mold-litigation
Just another WordPress.com weblog. Using Experts to Prove Causation in Mold Litigation. September 1, 2009. From Qualifying and Attacking Expert Witnesses. For example, in. Dee v PCS Property Management, Inc. The plaintiff also presented a clinical neuropsychologist. The trial court found that he was qualified as an expert who could testify regarding the tests he administered, the scores on the tests and whether the scores fell within a normal range. The court concluded that there was nothing in t...Resid...
jamesemploymentlaw.wordpress.com
Document Requests | Employment Law Blog
https://jamesemploymentlaw.wordpress.com/2009/06/24/document-requests
Featuring James Publishing authors. Shaping the Unripe Employment Case. June 24, 2009. From Litigating Employment Discrimination Cases. Two types of discovery are particularly useful in seeking direct evidence of discrimination document requests and depositions. Copies of the resume onto which the decision-makers may have made incriminating comments). Request copies of all e-mails written about the plaintiff. Ch 6, Discovery, 6:134 (Document Requests Propounded by Plaintiff);. Any and all DOCUMENTS that ...
jamesestateplanning.wordpress.com
Protecting Beneficiaries with Spendthrift Clauses | Estate Planning and Asset Protection Strategies Blog
https://jamesestateplanning.wordpress.com/2009/06/05/protecting-beneficiaries-with-spendthrift-clauses
Estate Planning and Asset Protection Strategies Blog. Just another WordPress.com weblog. Protecting Beneficiaries with Spendthrift Clauses. Protecting Beneficiaries with Spendthrift Clauses. June 5, 2009. From Texas Trusts and Clauses. By N Dean Hawkins. Spendthrift clauses protect the interests of beneficiaries (except the settlor) from their creditors and prevent the beneficiaries from transferring their interests. If a husband and wife form a revocable trust with a spendthrift clause:. Establishing a ...
jamesestateplanning.wordpress.com
Advantages and Disadvantages of QTIP Trusts | Estate Planning and Asset Protection Strategies Blog
https://jamesestateplanning.wordpress.com/2009/05/18/advantages-and-disadvantages-of-qtip-trusts
Estate Planning and Asset Protection Strategies Blog. Just another WordPress.com weblog. Advantages and Disadvantages of QTIP Trusts. Advantages and Disadvantages of QTIP Trusts. May 18, 2009. Texas Trusts and Clauses. By N Dean Hawkins. First Spouse to Die Can Control Disposition. QTIP trusts, unlike any other form of marital deduction transfer, allow the first spouse to die to control the disposition of his or her property after the death of the surviving spouse. Not Included in Probate Estate. A QTIP ...
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Ideas for Case Themes | Civil Litigation Blog
https://jamescivillitigation.wordpress.com/2009/06/29/ideas-for-case-themes
Just another WordPress.com weblog. Deposing the Forgetful Witness. Ideas for Case Themes. June 29, 2009. Beth D. Osowski. By Beth D. Osowski. Hopefully, as you have reviewed the file and considered the strengths and weaknesses of your case while performing this 120-day countdown to trial, you have been logging any thoughts you have as to possible themes on a Theme Log. See Ch 1,. File Review, Proof Rubric, Trial Logs and Checklists. A Whole Lot of Themes to Choose From. Defendant was running late. The co...
