Blog Archive: June 2016

Posted on Thu, 2016-06-16 14:15 by Matthew J. Focht in Personal Injury


In a recent case out of the Superior Court of Connecticut, Judicial District of Fairfield, a personal injury plaintiff argued that the fact that he “is an undocumented immigrant, resident or worker, does not bar him from recovering lost earnings, whether past or future; nor is it relevant to establishing an appropriate amount of damages.[1]”  In ruling on a motion in limine on the issue, the Court found that:


the defendant may use the terms [“undocumented worker,” “undocumented alien,” and “illegal alien”] when referring to the plaintiff in the event the plaintiff pursues an award for back pay or future lost wages, [subject to certain limitations], and may use these terms to describe witnesses who testify in the plaintiff’s behalf regarding the subject of the plaintiff’s rate of wages, hourly work week and methods of the payment of any such wages[.]  If such undocumented workers testify only to the facts surrounding the issue of liability and injuries, their undocumented status may not be the subject of any inquiry by the defendant.  If the plaintiff determines he will not be seeking lost wages, both past and future, his undocumented status is not relevant and may not be the subject of inquiry by the defendant.[2]


The Court in Guamamtario went on to hold that the defense would be not be barred from introducing any “evidence, argument, suggestion or inquiry regarding the plaintiff’s  immigrant or residency status and that the plaintiff may be deported or may have a desire or intentions, if any to return to Equador.  However, should the defendant present no evidence the plaintiff’s deportation is imminent or probable, or that the plaintiff intends to return to Equador, the defendant is barred from presenting argument, suggestion or inquiry regarding possible deportation or the possibility that the plaintiff could return to Equador.[3]”


Posted on Thu, 2016-06-16 12:50 by in Family Law, Estate Planning, Trusts Estates


Eleanor Hunt, senior counsel at the Firm, recently discussed wills, trusts, and related estate-planning topics on “Your Future Your Finances,” a television show that aired in Montgomery County, Md., on MMC Channel 16.


Hunt, who represents clients in the areas of family law and estate planning, told the show’s moderator, Brian Kuhn, that a basic estate plan for most individuals consists of three documents – a will, a financial power of attorney, and an advance medical directive.


Hunt noted that although these documents are very important for people to have, a surprisingly large number of people fail to have them prepared. She pointed to the recent passing of Prince, who died without a will, as an example of a celebrity who did not take care of these key matters.


Contact

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Disclaimer

The JGL Law Blog is made available by the Firm and/or the law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law. The JGL Law Blog is not designed to and does not provide specific legal advice. Use of, or comments on, this Blog does not create an Attorney Client Relationship with the Firm or any of the authors of the Blog Posts.

This blog is for general informational purposes only. Joseph, Greenwald & Laake, PA is a law firm and some of the information on the blog relates to legal topics. Joseph, Greenwald & Laake, PA does not offer or dispense legal advice through this blog or by e-mails directed to or from this site. By using the blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between the reader and Joseph, Greenwald & Laake, PA or its attorneys. The blog is not a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. The JGL Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.

˅