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Month: December 2016

12/27/2016

Are you Carrying a “Flaming Rocket” in Your Pocket?

e-cigarette injuriesOn Wednesday, a California man’s electronic cigarette (also known as an e-cig or vape) exploded inside the pocket of his pants causing severe injury. The blast caused third degree burns, and the man who was rushed to the hospital. Shortly before the explosion, the man reported the device became very hot. Video of the incident is available here. While e-cigarettes may seem like a harmless alternative to smoking, they pose significant hidden risks. If you’re carrying an e-cig in your pocket, you may be carrying a ticking time bomb and not even know it. FEMA has referred to the devices as “flaming rockets” for the explosions caused by component failure. This is because when the battery seal erupts, pressure builds very quickly within the device and “can be propelled across the room like a bullet or small rocket.” Some members of Congress have even called for the devices to be recalled in response to their dangerous history.

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12/27/2016

The Grounds (and Hurdles) for Challenging a Will

In a will contest, a contestant challenges a will as invalid, usually for mental incapacity, undue influence, fraud, or a technical failure. Although somewhat of a rare occurrence and a tedious process, a will contest may be the only recourse for a client who has been disinherited or disenfranchised. First, only an interested party who has a potential interest to gain can challenge a will. A will can be invalidated in part or in whole. If a will contest is successful, the probate or circuit judge has options such as invalidating the challenged will, reinstating a previous version, or distributing property under the laws of intestacy. Beyond the hurdles of a will contest, the testator (the person who signed the will) sometimes inserts a “no-contest” provision into their will or trust. Under such a provision, the testator instructs that anyone who contests the validity of their will is disinherited. While these clauses create additional difficulties for one contesting a will, it is not always an absolute bar to the challenge. It would be a good idea for the client to consult an attorney to weigh their options and get a better assessment of their rights before challenging or contesting a will. An interested party cannot challenge a will simply for being unfair. Instead, they must prove one of the following conditions or other good cause:

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12/22/2016

Martinson & Beason Blast from the Past: “Courthouse Commentary” from The Huntsville Times, 1965

Martinson & Beason, P.C. attorneys recently uncovered an old Huntsville Times “Courthouse Commentary” feature from August 1, 1965, remarking on the slight confusion surrounding names at Martinson & Beason. Douglas Carroll Martinson, who founded the firm in 1937 out of the back of his grandfather’s store, named his son Douglas…

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12/9/2016

Last Chance to Reject Uber’s Revised Mandatory Binding Arbitration

iphoneUber users opt out of the latest changes to the ride-sharing company’s terms of service, which includes a revised mandatory binding arbitration agreement, but they must do so by December 21st, 2016. Uber sent an email to users on November 15th notifying them of the updated terms of use. The email states that the new terms take effect November 21st, 2016. Users have one month from that date to reject the new terms. If a user rejects the latest terms of service, their contractual relationship with Uber will be governed by the last terms of service agreed to. Although Uber’s prior terms of service also had a binding arbitration agreement, a judge from New York’s Southern District recently found the arbitration agreement to be invalid. Uber revised its terms of service to make the binding arbitration agreement more likely to be enforceable. However, it must give users a period of time to reject these new terms of service. The decision, Meyer v. Kalanick, is only binding in the Southern District of New York. However, the court’s opinion and rationale may be persuasive in other courts, and all users still get a chance to reject the revised terms of service.

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12/8/2016

Revisiting Trust Basics & President-Elect Trump’s ‘Blind’ Trust

President-elect Donald Trump has recently announced that his business holdings will be placed in a blind trust in the care of his three oldest children. Trump’s holdings include real estate, hotels, golf courses, and numerous other investments in the United States and abroad. While Trump, through his attorneys, refers to the arrangement as a blind trust, scholars are quick to point out that the trust will not be managed be an independent party, a requirement for blind trusts. As the Trump trust issue unfolds, we wanted to revisit trust basics and the interests they serve. A trust can be created during the life of the maker of the trust (the settlor) or upon his or her death through a will. A trust created through a will is known as a testamentary trust. There are many types of trusts and they serve a multitude of purposes. Trusts can be either revocable or irrevocable. In a revocable trust, the settlor can modify or take back their assets without penalty. In contrast, an irrevocable trust cannot be modified and assets cannot be taken back by the settlor. Revocable and irrevocable trusts have important legal and tax ramifications.

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