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Marshall v. Marshall, 547 U.S. 293 (2006), is a case in which the United States Supreme Court held that a federal district court had equal or concurrent jurisdiction with state probate courts over tort claims under state common law.
The Court also rejected the premise that there is a bright line as to what constitutes a gift for taxation purposes. Id at 287. Instead, when determining whether something is a gift for taxation purposes, the critical consideration is the transferor's intention. Duberstein at 285-286 (citing Bogardus v. Commissioner, 302 U.S. 34 (1937)). This ...
Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.
Weinberger v. Wiesenfeld, 420 U.S. 636 (1975), was a decision by the United States Supreme Court, which unanimously held that the gender-based distinction under 42 U.S.C. § 402(g) of the Social Security Act of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the Due Process Clause of ...
New York law allows a non-resident who does not transact business in New York to be sued if the non-resident has committed a tortious act within the state of New York. Since King's website was created by a person physically in Missouri, there was no tortious act in New York and the court held that there was no personal jurisdiction over King.
A former family law commissioner refused gifts from litigants while U.S. Supreme Court justices have accepted thousands of dollars in gifts. Where’s the ethics?: From our readers
The disturbing news of a death in a home can give some potential buyers the jitters, and eight states have laws that compel sellers to disclose a death on the property, per the analysis.
Astrue v. Capato, 566 U.S. 541 (2012), was a case in which the Supreme Court of the United States held that children conceived after a parent's death are not entitled to Social Security Survivors benefits if the laws in the state that the parent's will was signed in forbid it. [1]