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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Six Flags Off Track Adventure

Roller Coaster "Python" Theme Park Efteling - The Netherlands

Crash Course Ahead!

A lawsuit has been filed against Six Flags after a roller coaster accident resulted in head injuries for 2 riders. The accident occurred on July 7th when one of the carts on the coaster partially derailed. The roller coaster accident occurred when a tree branch fell on the track, hitting the first car and causing the cart to derail. According to NBC Los Angeles, 22 riders were left suspended for several hours and four people were later treated for injuries.

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A Bronx Tale: MLB Fan Falls Asleep, Sues

Nostalgia Train to Yankee Stadium, by flickr user MTA, licensed by Creative Commons.

“I made a Yankee hat more famous than a Yankee can”

As the World Cup in Brazil continues to captivate millions across the globe, it seems that baseball (not soccer) is the sport putting fans to sleep. Just ask Andrew Rector, a baseball fan who recently fell asleep during a nationally televised New York vs Boston game. ESPN cameras caught Rector dozing off, at which time announcers John Kruk and Dan Shulman began to poke fun at his expense. Embarrassed and humiliated, the fan consulted a lawyer and filed a lawsuit to the tune of $10 million. He specifically named all parties involved, including ESPN, the announcers, the Yankees, and Major League Baseball. Read more