Peacock Tales • Winter 2014

Brief Notes

  • A New York court held that a handwritten document, riddled with grammatical errors, vague statements and other defects, signed two decades ago, “Love and Kisses, Mom” was not a valid will.
  • Seven class action lawsuits, pending in five different federal district courts, alleging that Subway’s “footlong” sandwich fell an inch or so short, were recently consolidated and transferred to the Federal District Court for Wisconsin for further consideration.
  • The United States District Court for the Southern District of New York held that strippers are employees of a New York dance club and not independent contractors for purpose of the Fair Labor Standards Act.
  • The IRS has announced a 1 to 2 week delay for the 2014 filing season to allow time to program/test processing systems, due to the 16-day government shutdown in October.
  • A New Jersey Municipal Court Judge quit his position when that state’s Supreme Court barred him from moonlighting as a comic.
  • A Lackawanna County Judge ruled that a driver, who gets in an accident while using a GPS, may be liable for reckless indifference and subject to punitive damages if the plaintiff proves the driver was completely distracted by the device.


The Milliken case, referred to by Andrew Chumney in his article “To Disclose or Not to Disclose . . . That is the Question,” in our last edition, has been accepted for appeal by the Pennsylvania Supreme Court. That Court will determine whether the prior owners’ murder/suicide was a material defect requiring disclosure by the seller when selling a property.

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