Uncle Pennybags plans to build a hotel on Marvin Gardens but, to do so, he needs to acquire adjacent properties on Atlantic Avenue, owned by Charles Darrow, and Ventnor Avenue, owned by George Parker. Pennybags knows that, if Darrow or Parker knew of his plans, they would demand a higher price for their properties and a still higher price would be demanded by the last lot owner to sell. So Pennybags forms a dummy company called Acme Acquisitions, LLC and appoints his good friend, Lizzie Magie, as its president. Magie approaches Darrow and Parker, who both agree to sell their properties to Acme Acquisitions on favorable terms. After the contracts have been signed, Pennybags announces that he is the true purchaser and that he plans to build his hotel. Furious, Darrow and Parker refuse to consummate the transaction, so Pennybags sues. Are Darrow and Parker out of luck? Continue Reading Using a Dummy Company Can Be a Smart Business Decision
Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. The activists threw up barricades and excluded both the police and the “bourgeoisie” owners of businesses surrounding the park. Fearing a primary challenge, Mayor Gunderson ordered the police to withdraw from the area except for life-or-death situations. As days turned into weeks, the area reverted to a Hobbesian state, with violence increasing and refuge accumulating in the street. Mayor Gunderson belatedly ordered the area cleared. When the business owners returned, they found their buildings vandalized and their property stolen or destroyed. They look to hold someone responsible. But the activists have disappeared, and, in any event, hippies are notoriously judgment proof. Can Mayor Gunderson and the City be held liable for not enforcing the law? Continue Reading Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?
Ernest “Big Daddy” Bux’s great Auntie Heidi Loper moved to a retirement community when her husband Sam retired years go. A short time later, Sam died. Over the years Heidi’s handyman Don Meetdirts and his wife Ada befriended Heidi. They persuaded her to leave them millions of dollars in cash and other items. Prior Wills would have left Heidi’s property to her family of whom she was very proud – both of the Bux family name and of the assets she and Sam had acquired. When the Wills were changed, Heidi had failing eyesight, deteriorating health and a delicate mental condition. When Big Daddy and the Bux family learned at Auntie Loper’s death that the Meetdirts were the only beneficiaries under the last Will, they asked their favorite attorney if they have a claim of undue influence to deny the Meetdirts any inheritance. Do they? Continue Reading Grandma Left the Money to Whom? Legal Options for Undue Influence and Changing of Wills
Cookie Bux has two elementary age children, Kitten and Jeff who really want to go Trick-or-Treating this Halloween. In fact, Jeff has been wearing his Star Wars Stormtrooper costume around the house since September. Can Kitten and Jeff Trick-or-Treat this year?
The Lillian Corporation purchases a vacant and dilapidated office building with plans to demolish it and build luxury condos. Only one thing stands in the way: a mural on the side of the building painted years earlier by a well-known local artist, Phillip Semenko. The mural is renowned and become a popular destination for tourists. After learning of the Lillian Corporation’s plans, Semenko threatens to sue to stop the development. Will Semenko succeed or is this just another case of artistic temperament?
After learning that Buxboro Independent School District would not re-open campuses until September 8th and dismayed that her children Digger (12), Trixie (9) and Hustler (5) would not receive personal instruction, Anna Nicole Pawlenty posted on a Facebook mom group “I’m in Buxboro, and I’m ‘podding up.’ Who’s with me?” . Can just anyone home school their children? What are the implications?
Reeling from months of governmental orders that required all restaurants to close their doors, Chez Quis was elated to re-open and welcome back its diners, even at a reduced capacity. But elation quickly turned to despair when Chez Quis learned that one of its longtime customers, Abe Froman, had sued the restaurant for allegedly contracting the coronavirus (COVID-19) while dining there. Has Chez Quis jumped out of the frying pan and into the fire? Continue Reading Stay Shut Down or Be Sued? The Risk to Your Business from COVID-19 Premises-Liability Claims
When restaurants were ordered to shutter – and before PPP – Ernest Bux’s sister Cookie Bux who owns Beef O’Bux Restaurants was in a bind. Should she lay off or furlough employees who were showing up for work to her empty restaurant chain? What’s the difference between laying off employees and furloughing them? What are her options? Continue Reading What Does a Furlough Mean to My Employees?
Before the pandemic, Ernest Bux’s niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center and hired a contractor to build out her dream business – a beauty salon “Cuts & Fluffs.” When Dallas County ordered businesses to shutter last spring, Chit’s “essential business” construction on her salon continued toward meeting the originally scheduled July 1st opening date – perhaps the worst time to open a high-touch, close-quarters beauty salon. Having dealt with other unsuccessful startups in that same space, Iona needed Cuts & Fluffs to succeed; Chit needed a different opening date – much later when people were less fearful of crowds. Chit called Iona, her contractor and her banker who was shepherding her SBA loan. Can Chit work something out with Iona without completely modifying her lease? Continue Reading Can an Email Exchange Modify a Lease?
The extraordinary measures designed to slow the spread of coronavirus (COVID-19) continue to cause constitutional clashes. My last post’s opening hypothetical about members of a congregation being ticketed for attending church services has now become a reality, and the Supreme Court has given its first hint on how it would strike the balance between fundamental constitutional rights and the government’s interest in preserving public health. Continue Reading COVID-19 v. the Constitution: The Conflict Continues