Tag Archives: special circumstances
negligence without liability

PERSONAL INJURY: Res Ipsa Loquiter

Courts and lawyers use Latin less often now than in previous times.  But the concept of “Res Ipsa Loquiter” lives on. It translates into “the thing speaks for itself.”  This legal doctrine holds that one is presumed to be negligent if he, she or it had exclusive control of whatever caused the injury even though [...]

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Means Test Chapter 7 Bankruptcy

BANKRUPTCY: Means Test – Chapter 7

The Chapter 7 means test determines whether people are eligible to file chapter 7 bankruptcy relief. Failing the test requires filing a chapter 13, filing no bankruptcy or taking a closer look. First Step To Chapter 7 Means Test The first step is simple math. Add all gross income in the household during the six [...]

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Personal Injury: Emotional Distress

  Stress infiltrates our lives.  Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims.  They feared “opening the floodgates”.  Foreign Objects in Food People finding foreign objects in [...]

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