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Cases Involving a Party Who Is a Minor
While product liability attorneys are often cognizant of issues relating to standing of their clients and opponents, the unique posture of minor children may be overlooked or underappreciated. The law recognizes that the judicial system must ensure that the interests of minors are safeguarded. Therefore, there are established rules and procedures to which the parties must adhere. Failure to follow the requisite steps may result in the nullification of actions taken in product liability litigation on behalf of the minor.
Ensuring Proper Representation of Minors
In most jurisdictions, when a party is a minor, incompetent person, or person for whom a conservator has been appointed, the person must appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge. If a client or opposing party falls within any of these categories, it is imperative that the party in question is properly represented in the action. See, e.g., Federal Rules of Civil Procedure Rule 17.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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