Skip to content
Metro Law

    Areas of practice

    This library

    Archive

    All articles — page 8

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

    Rail & Transit

    Suing a Transit Authority and the Immunity in the Way

    Transit agencies are public entities, so claims against them run through a state claims act rather than ordinary tort procedure. Most states require a written notice of claim within a few months of the injury, then a board decision or a deemed rejection, then suit within a short window measured from that rejection. Damages caps, restrictions on non-economic loss and an immunity for discretionary policy choices further limit what a successful claim is worth.

    6 min readState law

    Guardianship

    Supported Decision-Making as an Alternative to Guardianship

    A supported decision-making agreement is a signed document in which an adult names one or more supporters to help gather information, understand options and communicate a choice. The adult retains legal authority; the supporter does not decide. State statutes set execution formalities, define the supporter's access to protected information, disqualify supporters accused of abuse or exploitation, and give third parties who accept the agreement in good faith protection from liability.

    6 min readState law

    Removal Defense

    Ten Years of Presence and the Brief Departures That Break It

    Cancellation of removal for a non-permanent resident requires ten years of continuous physical presence immediately preceding the application. Presence is broken by any single departure exceeding ninety days or by departures totaling more than one hundred eighty days. A qualifying period of military service removes the requirement entirely. The applicant carries the burden of proving presence, and the proof is documentary rather than testimonial.

    6 min readFederal law

    Product Safety & Recalls

    The 24-Hour Clock on Reporting a Product Hazard

    A firm must immediately inform the Commission when it obtains information reasonably supporting the conclusion that a product fails to comply with a rule, contains a defect that could create a substantial product hazard, or creates an unreasonable risk of serious injury or death. Immediately means within twenty-four hours. A reasonable investigation is permitted first but should not exceed ten days, and knowledge held by an employee who could appreciate it is imputed to the firm.

    6 min readFederal law

    Guardianship

    The Capacity Finding and the Evidence It Takes

    Most guardianship statutes define incapacity functionally: an adult must be unable to receive and evaluate information or communicate decisions, and that inability must leave essential needs unmet, with no less restrictive alternative sufficient. The petitioner carries the burden and must meet it by clear and convincing evidence. A medical diagnosis supports the finding but does not supply it, and the order must state the specific abilities the court found lacking.

    6 min readState law

    Funeral & Cemetery

    The Casket Handling Rule and Buying Outside the Home

    The Funeral Rule forbids a provider from conditioning goods or services on the purchase of a casket from that provider, and from charging any fee for handling a casket bought elsewhere. The general price list must carry a statement telling the buyer that individual items may be selected. A direct cremation may not require a casket, and an alternative container must be offered. Package pricing is permitted, but not if it is used to recover a handling charge the rule prohibits.

    6 min readFederal law

    Removal Defense

    The Categorical Approach and Comparing a Statute to a Definition

    Immigration grounds that turn on a conviction are applied by comparing the elements of the offense of conviction against a generic federal definition. The comparison assumes the conviction rested on the least of the acts the statute criminalizes. Where the statute of conviction is broader than the definition, no conviction under it qualifies, whatever the person actually did. The method is mechanical, it is not a fairness inquiry, and it cuts in both directions.

    6 min readFederal law

    Guardianship

    The Court Visitor, the Evaluator and Appointed Counsel

    Statutes appoint a court visitor to interview and report, a clinician to evaluate function, and an attorney to represent the adult. The attorney advocates the adult's expressed position, including opposition to the petition, while a guardian ad litem where used argues best interests. The visitor and evaluator owe their reports to the judge and may be cross-examined. Disclosure of training, conflicts and fees is required before the reports are relied on.

    6 min readState law

    HOAs & Condominiums

    The Declaration and Why It Binds a Buyer Who Never Signed It

    A common interest community is created by recording a declaration in the county land records. The covenants inside it are treated as equitable servitudes that run with the land, so they bind every later owner regardless of notice, agreement or signature. The declaration sits above the bylaws and the rules in the hierarchy of governing documents, and a provision in a lower document that conflicts with it is unenforceable to the extent of the conflict.

    6 min readState law

    Pharmacy & Controlled Substances

    The Drug Schedules and What Each One Restricts

    Congress set five schedules and gave the Attorney General authority to add, remove or move substances after a scientific and medical evaluation. Each placement rests on findings about abuse potential, accepted medical use and the dependence a substance produces. The schedule then determines the ordering, prescribing, refill, storage and recordkeeping rules that apply, and a change in schedule changes all of them at once.

    6 min readFederal law

    HOAs & Condominiums

    The Hearing an Owner Gets Before a Fine Is Imposed

    Before imposing discipline or a monetary charge, an association must generally give the owner written notice a set number of days in advance, stating the date, time and place of the hearing and the nature of the alleged violation, along with a statement of the right to attend and be heard. Several states require the hearing to be before an independent committee whose rejection of the fine is final. Selective enforcement, defective notice and failure to allow a cure are the usual defenses.

    6 min readState law

    Adoption & Reproduction

    The Home Study and What Disqualifies an Applicant

    State statutes require a written study before a child is placed, prepared by a licensed agency or an approved professional. It covers household composition, health, finances, background checks on adults in the home, references and a home visit. Federal funding conditions bar approval where a check reveals a felony for specified violent or child-related offenses at any time, or for assault, battery or a drug offense within five years.

    6 min readState law