New Jersey Court Ruling: Adult Children With Power of Attorney Not Welcome in Elderly Parent’s Divorce

With life expectancies among today’s senior citizens longer than ever, more and more adult children are finding themselves sharing the responsibility of caring for their aging and elderly parents, including taking part in their parents’ legal and financial affairs as an appointed Power of Attorney. Holding Power of Attorney can be helpful when it comes to making decisions concerning medical billing or nursing home payments. But what happens if an elderly parent decides to divorce?

A recently published opinion from New Jersey’s Ocean County Superior Court examined the novel question of whether or not a litigant in divorce proceedings could appear and testify through an attorney-in-fact designated by Power of Attorney (POA). The court declined to allow this, for multiple reasons, and presented some clear guidelines for parties and attorneys to follow if presented with similar situations in the future. The case, Marsico v. Marsico, involved an adult daughter holding POA for her elderly father who had been sued for divorce by his second wife. Read more

Subway Franchise Facing Lawsuit for Unpaid Overtime

Croissant Sandwiches

Sandwich Makers Unite!

A formed Subway employee has filed a lawsuit in Washington D.C. against his former employer for unpaid overtime wages. Erwin Zambrano Moya claims that his employer created fictional workers and put some of his hours worked under these “other employees” to avoid paying the additional overtime wages. ” According to the complaint, the owner accomplished this, in part, by paying Moya as if he were multiple workers, thereby keeping the real Moya under 40 hours each week”. Moya stated that he worked up to 70 hours per week, and should have been paid time and a half for 30 of those hours worked. Half of the hours worked were recorded under Moya, and half under another fictional employee name.

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Class Action: Galaxy of Interns Gets a Guardian

Spiral Galaxy NGC 1376, by flickr user Hubble Heritage, licensed by Creative Commons.

Employment Lawyers, Assemble!

While the stars are aligning for Marvel at the box office, it appears that one former employee is trying to become the First Avenger. Kenneth Jackson, who worked for the company for part of 2008, recently filed a class action lawsuit and is seeking lost wages and back pay. Jackson was reportedly classified as an “intern”, although he worked full 40 hour-per-week shifts Monday through Friday for the better part of 5 months. Along with Mr. Jackson are 100 other Marvel interns seeking compensation. The lawsuit was filed in New York’s Supreme Court.

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Sparkling Water Bubbles Up Controversy

Blue Sparkles from a water ball from Maui Toys

Bubbly Bad Time!

Elizabeth Daly, a student at the University of Virginia says she fled in terror when several undercover officers aggressively swarmed her vehicle after leaving a local supermarket. The officers thought she had illegally purchased beer which they later found out was sparkling water they had mistaken for beer. Ms. Daly was in her car with several friends when plainclothes agents surrounded the vehicle and began banging on the windows ordering her to roll the windows down. After one of the agents drew his gun and another jumped on the hood of the car, Elizabeth said she panicked and was unsure if the officers were indeed law enforcement agents. Ms. Daly panicked and fled the scene in complete fear, grazing 2 of the agents.
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A&E Television Sued For Camo Clothing

camouflage

A&E can’t hide this lawsuit

Calling all Duck Dynasty fans! Everyone who watches the popular TV show is well aware of the famous one-liners made by Si Robertson. A most recent line that A&E decided to capitalize on, has them facing intellectual property lawsuits from a clothing company with a similar product. The most recent “Si saying” that made its way onto several apparel items is, “My favorite color is camo”. According to The Hollywood Reporter, “The plaintiff is a company called Hajn, which has been selling a line of apparel that’s branded “My Favorite Color’s Camo.” The company has a registered trademark and reports gaining national visibility with its mark”.

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