Affirmed with Poetry (Quotes)

This case comes out of Michigan where someone’s oak tree was damaged by an errant car.  Unfortunately the Plaintiff lost for a few different procedural reasons.  The judge lamented with this opinion: A suit to compensate a tree. A suit whose claim in tort is prest Upon a mangled tree’s behest; A tree whose battered trunk was prest Against a Chevy’s crumpled crest; A tree that faces each new day With bark and limb in disarray; A tree that may forever bear A lasting need for tender care.… Read More

Cars and Divorce

Sometimes we get phone calls from people (whom we didn’t represent) after their divorce asking us to figure out what happened.  It’s common for people to be a bit rattled and confused on their way out of the “family law machine,” especially when they represent themselves.… Read More

Do-it-yourself Divorce (This isn’t ikea furniture, people…)

Facing the financial struggle of splitting into two households, many married couples try and save money by representing themselves in their divorce.  For some couples—it can be feasible.  For most it’s a bad idea.  Do-it-yourself is great when you are putting together Ikea furniture or changing you oil, but divorce and custody matters are more permanent and important. … Read More

Goodbye 4th Amendment (Oh we can just subpoena that instead of getting a warrant…)

Normally law enforcement conducts its investigations through warrants, which are needed to conduct searches or seizures.  Warrants require probable cause–which is specific facts that make it reasonable to believe that a specific person is involved in a specific crime.  Warrant-less searches (with exceptions that take up an entire semester of constitutional criminal procedure) are inadmissible.… Read More

The Tax Ramifications of Divorce (What the heck is front-load recapturing?)

It seems like there are tax ramifications to practically everything.  It is very rare to find a transaction where the Federal government leaves you alone—and says something is neither a gain nor a loss.  That said, in some areas the IRS is somewhat charitable to divorcing spouses and in others they are the heartless brutes that you would expect them to be.… Read More