Posts from February 2015.

QUESTION: I am a receiver appointed pursuant to stipulation in an action pending in superior court between a husband and a wife over the operation of a business they own. After operating the business for many months, I agreed to a settlement with the husband resolving many of the disputed issues. The wife disagreed with the proposed settlement and moved to transfer the litigation to the family law court. After the action was transferred, the judge in the family court ruled that the original judge who appointed me had no jurisdiction to do so and that the appointment was “void.” The ...

Posted in The Real Dirt

An angry client calls: "I have been sued." But this time, there is absolutely no basis in law or fact for the lawsuit.

The client asks: "Can I get the case dismissed and recover my attorney's fees against the lawyer and opposing party who sued me?"

I might answer that being sued is like having a wedding. You pay a lot and get involved in a very protracted, expensive affair, which may not end well even under the best of circumstances. On top of the pain and rigors of litigation, do you really want to pursue an action for malicious prosecution against your adversary after prevailing to try to win back ...

Posted in Staff Infection

At the beginning of every year, the Equal Employment Opportunity Commission reports statistics on types of charges filed by employees and former employees over the course of the preceding year. These statistics help employers self-audit and focus on policies and practices they need to revisit to avoid becoming part of the following year’s statistics. The charge numbers released by the EEOC for 2014 show the following breakdowns by bases alleged in descending order.

  • Retaliation under all statutes: 37,955 (42.8 percent of all charges filed); nearly half of all charges filed!

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