Skip to content
Metro Law

    Areas of practice

    This library

    Archive

    All articles — page 10

    The full library in alphabetical order, across every area of law.

    Removal Defense

    Theft, Fraud and the Loss Amount Threshold

    A theft or burglary offense becomes an aggravated felony where the term of imprisonment is at least one year, counted in full even if suspended. An offense involving fraud or deceit becomes one where the loss to the victim exceeds ten thousand dollars. The loss figure is treated as a circumstance-specific fact rather than an element, so it is proved from the record by clear and convincing evidence and must be tied to the counts of conviction.

    6 min readFederal law

    Liens & Towing

    Titling an Abandoned Vehicle After a Lien Sale

    Converting a possessory lien into a transferable title requires an application to the state vehicle agency, which supplies the registered owner and every recorded lienholder from the title record. Notice goes to each of them with a stated opportunity to pay or to oppose. Where no valid opposition is filed, the sale proceeds after publication and the buyer applies for a certificate of title supported by the lien sale documents.

    6 min readState law

    Product Safety & Recalls

    Tracking Labels on Children's Products

    A manufacturer of a children's product must place permanent distinguishing marks on the product and its packaging, to the extent practicable, that enable the manufacturer to ascertain the location and date of production and cohort information such as a batch or run number, and enable an ultimate purchaser to determine the source, the date of production and detailed information about the manufacturing process. The mark supports recall targeting and consumer identification.

    6 min readFederal law

    Rail & Transit

    Trespassers on the Track and the Duty a Railroad Owes

    Most states owe a trespasser only a duty to refrain from willful or wanton injury, which means a railroad is generally not liable for failing to anticipate someone on the track. The duty rises where the railroad knows people are regularly present at a location, where a crew discovers a person in peril and can still act, and in some states where a child is attracted to dangerous equipment. State statutes separately criminalize presence on the right of way and define its width.

    6 min readFederal and state

    Funeral & Cemetery

    Trust Funding and Portability of a Prepaid Plan

    Preneed funeral money is held either in a trust in the buyer's name or as premiums on a life insurance policy assigned to the provider. Trusting statutes set the percentage that must be deposited, commonly a high fraction or the whole payment, and limit what may be withdrawn before death. A guaranteed contract fixes the price of listed goods; a non-guaranteed one only holds the money. Portability depends on whether the contract is revocable and whether the trust follows the buyer or the seller.

    6 min readState law

    Removal Defense

    Vacating a Conviction for Immigration Purposes

    A conviction vacated because of a procedural or substantive defect in the underlying criminal proceedings no longer exists for immigration purposes. A conviction vacated for rehabilitative reasons, hardship, or to relieve immigration consequences remains fully effective. The person carries the burden of establishing the basis on which the state court acted, which makes the language of the vacatur order decisive, and the same test has been extended to sentence modifications.

    6 min readFederal law

    Liens & Towing

    Vehicle Storage Charges and the Caps on Them

    Statutes regulate towing and storage charges by reference to the rates a law enforcement agency would pay under its own contract, or to a rate approved for the operator by a state agency, and treat charges above that as excessive. Operators must file current rates with local law enforcement and post an identical schedule at the storage site. Charges accrue daily, and statutes fix points at which accrual stops, including release, sale, and failure to give required notice.

    6 min readState law

    Removal Defense

    Waivers That Forgive a Criminal Ground

    The general criminal waiver reaches the moral turpitude ground, the multiple convictions ground, prostitution, certain immunity assertions, and one marijuana possession offense. Eligibility runs through fifteen years and rehabilitation, extreme hardship to a citizen or resident relative, or self-petitioner status. Murder and torture offenses are excluded absolutely, a permanent resident faces two further bars, and a violent or dangerous crime requires an extraordinary showing.

    6 min readFederal law

    Funeral & Cemetery

    What a Cemetery Plot Actually Conveys

    In most states a cemetery conveyance transfers an exclusive right of interment in a described space, not fee title to the soil. The cemetery retains ownership, controls access and maintenance, and enforces recorded rules on markers, plantings and openings. Rights are transferable only with the cemetery's consent and a recorded assignment, and many cemeteries hold a right of first refusal. Unused rights pass by inheritance, and statutes set how a dormant right is reclaimed.

    6 min readState law

    Product Safety & Recalls

    What a Corrective Action Plan Commits a Company To

    A voluntary corrective action plan is a negotiated document in which a firm undertakes to notify identified audiences, provide a stated remedy, account for units in the distribution chain, and report progress on a fixed cycle. It carries no admission requirement but is enforceable in practice, because selling a product subject to a publicly announced voluntary corrective action is a prohibited act. The plan closes only when the Commission accepts that the undertakings are complete.

    6 min readFederal law

    Product Safety & Recalls

    What Counts as a Defect That Must Be Reported

    A defect is a fault, flaw or irregularity that causes weakness, failure or inadequacy in form or function, and it may arise from design, composition, construction, packaging, warnings or instructions. Whether a defect creates a substantial product hazard depends on the pattern of the defect, the number of products distributed, the severity of the risk and the exposure of vulnerable populations. A product can be defective without violating any mandatory standard.

    6 min readFederal law

    Removal Defense

    What Evidence an Immigration Judge Will Accept

    An immigration judge may receive any oral or written statement that is material and relevant, including statements previously made during an investigation, examination, hearing or trial. Admissibility turns on whether the evidence is probative and whether its use is fundamentally fair rather than on the rules applied in a trial court. The provisions that do exclude material are procedural: filing deadlines, translation certificates and record certification requirements.

    6 min readFederal law