State of Minnesota v. Clover Leaf Creamery Co. (1981)
Case Name: State of Minnesota v. Clover Leaf Creamery Co. (1981) Facts: Minnesota wanted to discourage the use of nonreturnable, nonrefillable containers for the packaging of milk to combat a solid...
View ArticleBaker v. State, 170 Vt. 194 (1999)
The benefits and protections incident to a marriage license have never been greater and include: The right to receive a portion of the estate of a spouse who dies intestate and protection against...
View ArticleBraschi v. Stahl Associates Company, 74 N.Y. 2d 201 (1989)
Facts: Braschi lived with another male Blanchard in a rent-controlled apartment in New York for eleven years. Blanchard died in 1986 and subsequently, Stahl Associates Company served notice on Braschi...
View ArticleVillage of Belle Terre v. Boraas, 416 US 1 (1974)
Facts: The Village of Belle Terre is located on Long Island’s north shore and is inhabited by 700 people. Belle Terre restricts land use to one-family dwellings and Boraas became a colessee with five...
View ArticlePenobscot Area Housing Development Corp. v. City of Brewer, 434 A.2d 14 (1981)
Facts: The Penobscot Area Housing Development Corp. is a nonprofit organization that provides housing for retarded citizens. The Penobscot Housing Corp. was denied an occupancy certificate for a house...
View ArticleBorough of Glassboro v. Vallorosi, 117 N.J. 421 (1990)
Facts: A Borough of Glassboro ordinance limits residence in certain districts to stable and permanent “single housekeeping units” that constitute either a “traditional family unit” or its functional...
View ArticleLoving v. Virginia, 388 U.S. 1 (1967)
Facts: Loving, a white man, and Jeter, a black woman were marriage in the District of Columbia. Shortly after their marriage, the Lovings returned to Virginia and established their home. Subsequently,...
View ArticleZablocki v. Redhail, 434 U.S. 374 (1978)
Facts: Redhail, a Wisconsin resident, was denied a marriage license because of his failure to comply with a Wisconsin statute. However, under the statute, Redhail is unable to enter into a lawful...
View ArticleArmstrong v. Francis Corp., 120 A.2d 4 (N.J. 1956)
Case Name: Armstrong v. Francis Corp. Plaintiff: Armstrongs and Klemps Defendant: Francis Corp. (Homebuilder) Citation: 120 A.2d 4 (N.J. 1956) Key Facts: The defendant, Francis Corp., built 186 small...
View ArticleFancher v. Fagella, 650 S.E.2d 519 (Va. 2007)
Case Name: Fancher v. Fagella Plaintiff: Richard Fancher Defendant: Joseph Fagella Citation: 650 S.E.2d 519 (Va. 2007) Key Facts: Fancher and Fagella are neighbors. The defendant, Fagella, has a...
View ArticleFriendswood Development Co. v. Smith-Southwest Industries, Inc.
Case Name: Friendswood Development Co. v. Smith-Southwest Industries, Inc. Plaintiff/Appellee: Smith-Southwest Industries and other landowners Defendants/Appellant: Friendswood Development Company and...
View ArticleNoone v. Price, 298 S.E.2d 218 (W. Va. 1982)
Case Name: Noone v. Price Plaintiffs/Appellants: Mr. and Mrs. William H. Noone Defendant/Appellee: Mrs. Marion T. Price Citation: 298 S.E.2d 218 (W. Va. 1982) Key Facts: Part of the Noones’ house was...
View ArticlePage County Appliance Center v. Honeywell, 347 N.W.2d 171 (Iowa 1984)
Case Name: Page County Appliance Center, Inc. v. Honeywell, Inc. Plaintiff: Page County Appliance Center, Inc. Defendants: Honeywell, Inc. and ITT Electronic Travel Services, Inc. Citation: 347 N.W.2d...
View ArticleJoyner v. Adams, 87 N.C. App. 570 (1987)
Case Name: Joyner v. Adams Plaintiff: Joyners (husband and wife) Defendant: J.R. Adams (substitute lessee/developer) Citation: 87 N.C. App. 570 (1987) Key Facts: Joyner leased a property to an...
View ArticleFederal Income Tax Outline – Page 7 Capital Asset
The Meaning of “Capital Asset” 1211(a) Cases: Mauldin v. Commissioner Helpful facts to determine whether property is a “capital asset” – 1. The purpose(s) for which the property was acquired – sale or...
View ArticleFederal Income Tax Outline – Page 6 Capital Gains and Losses
Capital Gains and Losses – Chapter 21 “Capital” is usually dependent upon: 1. Whether it arises in a transaction involving a “capital asset” 2. Whether the capital asset has been the subject of a “sale...
View ArticleFederal Income Tax Outline – Page 5 Individual Deductions
Deductions for Individuals Only Adjusted Gross Income – Section 62 Allowable “above the line” – described in section 62 Deductible “below the line” – outside section 62 Section 67 – 2% floor on...
View ArticleFederal Income Tax Outline – Page 4 Divorce & Other Exclusions
Settlement and Divorce – Chapter 10 71 (income rule); 215 (deduction rule) You cannot take a 215 deduction unless the other spouse counts it as income under 71 Alimony Payments that qualify as...
View ArticleFederal Income Tax Outline – Page 3 Property Gains, Life Insurance
Gain from Dealings in Property – Chapter 6 1001 – Amount Realized 1012 – Basis = cost (most basic) 1014 – Estate tax basis (decedent) 1015 – Gift tax basis 1041 – Transfers of property between...
View ArticleFederal Income Tax Outline – Page 2 – Gifts and Inheritances
Exclusions of Gifts and Inheritances – 102 102(a) – Gross income does not include the value of property acquired by gift, bequest, devise, or inheritance Employee Gifts – 102(c), 274(b) Generally all...
View ArticleFederal Income Tax Outline – Page 1 Gross Income
Chapter 1 Power to Tax Article 1, Section 8, Clause 1 Very extensive power with two constitutional limitations: Direct taxes must be imposed by the rule of apportionment among the several states in...
View ArticleBest Interest of the Child
EVERYTHING in family law revolves around the best interests of the child. Whether it is a divorce proceeding, modification of child support, or an adoption; the court’s primary concern is the ultimate...
View ArticleClackamas Gastroenterology Associates v. Wells, 538 US 440 (2003)
Facts: Wells, a bookkeeper for eleven years at Clackamas Gastroenterology Associates, brought an action under the ADA for unlawful discrimination on the basis of disability. Clackamas moved for summary...
View ArticleAnsoumana v. Gristede’s Operating Corp., 255 F. Supp. 2d 184 (SDNY 2003)
Facts: Ansoumana and 500 other workers brought a class action under the Fair Labor Standards Act (FLSA). Ansoumana and the rest of the class (the plaintiffs) were delivery workers for supermarkets and...
View ArticleFitzgerald v. Mobil Oil Corporation, 827 F. Supp. 1301 (E.D. Mich. 1993)
Facts: Fitzgerald, a tractor-trailer driver, was injured on the job when he fell from the top of the tanker trailer he used to deliver oil. The trailer was owned by Montgomery Tank Lines, defendant,...
View ArticleMcCary v. Wade, 861 So. 2d 358 (Miss. Ct. App. 2003)
Facts: McCary and Fulwiley were riding home in a van provided by their employer. The van was struck head-on by a logging truck driven by Dexter Myrick after Myrick swerved to avoid colliding with...
View ArticleNatkin v. Winfrey, 111 F. Supp. 2d 1003 (N.D. Ill. 2000)
Facts: Natkin and Green, the plaintiffs, are professional “live event” photographers who had worked on the set of The Oprah Winfrey Show. Winfrey subsequently published a book which contained eleven...
View ArticleYates v. Hendon, 541 US 1 (2004)
Facts: Yates, the sole shareholder and president of Raymond B. Yates, M.D., P.C., a professional corporation, set up and participated in an ERISA-protected profit sharing plan for the corporation....
View ArticleUCC 2-207 Flowchart –
Our UCC 2-207 Flowchart has moved to another page. Click here for our UCC 2-207 Flowchart The post UCC 2-207 Flowchart – appeared first on MiB Law.
View ArticleUCC 2-207 Flowchart: Battle of the Forms
Download a .pdf version of the UCC 2-207 flowchart When it is not exactly clear what parties agreed upon but it is clear that the parties intended to agree, a court must determine what terms apply. If...
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