Case study
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Attorney undermines estate plan of wealthy philanthropist
June 13, 2017
Richard Donahue, having no children of his own, treated his nephew, David Barnes, very much like a son. While Richard did not discuss the details of his $30,000,000 estate with his nephew, David was told that he would eventually be appointed as Trustee of his trust. Richard also advised David that he would have Richard’s […]
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Retired Physician Seeks to Maintain Independence
June 4, 2017
92-year-old Dr. Frank Griffin came to Rhoades McKee looking to retain his independence. His children believed that his age and his relationship with a much younger woman clouded his judgment and had petitioned the Probate Court to appoint a guardian and conservator for him. After retiring from a successful medical practice, Dr. Griffin had substantial […]
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Investigation Leads to Evidence of Trustee’s Misdeeds
April 18, 2017
All names have been given fictional replacements to protect the identity of our client. The legal facts and resolution of the probate litigation case have not been altered. Jack was the only mutual child of Robert and Alice Dempsey, who both had children from prior marriages. Robert was a wealthy and well-known local business owner. […]
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Second Marriage Leads to Family Discord
April 17, 2017
All names have been given fictional replacements to protect the identity of our client. The legal facts and resolution of the probate litigation case have not been altered. John and Mary had children from previous marriages, but none together. Prior to their marriage, John and Mary signed a Prenuptial Agreement giving up any right to […]
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A husband’s mistake disinherits wife
April 17, 2017
All names have been given fictional replacements to protect the identity of our client. The legal facts and resolution of the probate litigation case have not been altered. Susan approached Rhoades McKee afraid and uncertain about her future. Susan’s husband, Greg, had recently passed and made a few key mistakes in preparing his estate plan. […]
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What are the differences between qualified and unqualified representations and warranties?
March 20, 2017
As discussed last week, representations and warranties are truths or assertions made by a party to a purchase agreement. Representations and warranties can either be qualified or unqualified and are often used to shift risk between the seller and the buyer. The following seller representation and warranty is unqualified: “The company’s financial statements are GAAP-compliant.” […]
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What Are Representations and Warranties and Why Do We Have Them?
March 13, 2017
Representations and warranties are assertions or assurances given by the parties to the agreement. While most purchase agreements contain representations and warranties from seller and buyer, the seller representations and warranties typically are the most extensive and more important. The seller representations and warranties are assurances by the seller about the company and, in the […]
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Federal Court Throws New Overtime Rules Into Limbo
November 23, 2016
(November 23, 2016) Businesses from coast to coast have spent the last several months analyzing and making plans to implement the Department of Labor’s new overtime rules which basically doubled the compensation floor for salaried employees and were to go into effect on December 1, 2016. That all changed Tuesday, November 22nd, when U.S. Federal […]
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Court of Appeals and Supreme Court Face-off Over Daubert Standards
August 8, 2016
(August 8, 2016) A face-off between the Court of Appeals and Supreme Court over Daubert standards leaves the medical malpractice community; practitioners and parties on all sides without a firm foundation as to how or when scientific literature may be used to pursue or fend off challenges to expert testimony. But, it may lead to […]
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Client awarded judgment of $500,000
December 22, 2015
Mr. Jackson provided his retirement funds to the defendants for purposes of purchasing and rehabilitating specific properties in Grand Rapids. Through a series of complicated transactions, however, Mr. Spencer transferred the money to his solely owned side company and thereafter spent Mr. Jackson’s money on himself. Six months after the lawsuit was filed, Mr. Spencer […]
