Articles

Indybar: The American Rule in Marital Disputes: Attorney Fees May Not Be Recoverable in an Action to Annul a Void Marriage

We all know the American Rule by heart: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Yes, but no. We’re referring to the other American Rule. The one that “requires the parties to pay their own attorney fees absent an agreement, statute or rule to the contrary.”

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Indybar: Throw Out ‘Throw Out’

Our subject today is the ubiquitous, but seemingly ingrained and unchallenged, use of phrases such as “throw out,” “threw out,” “tossed” and “tossed out” to describe certain decisions of courts of all kinds and at all levels. In years past, the blame lay chiefly with reporters and news outlets. Today, of course, such short shrift is the medium of not only journalists (sadly) but also bloggers, social media influencers and, worst of all, regular folks, into whose everyday vocabulary these lazy and frankly damaging shortcuts have crept. Colleagues, it is up to us to do our part to end this scourge!

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Indybar: You Already Didn’t Like Text Messages as Evidence

Earlier this month, Apple announced the latest update to the operations system that’s installed on your iPhone. Apple calls it iOS 16 (iPhone Operating System 16). After you read this post, Apple and iOS 16 may be off your holiday card list. If iOS 16 was a friend, some might consider canceling dinner plans with them. You might even unfriend them on Facebook.

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