When is mediation the right option for dispute resolution?
McHenry Law Blog
by dana.patel@thomsonreuters.com
2M ago
Mediation is a confidential and voluntary dispute resolution process that involves an impartial third party — the mediator — who helps the disputing parties reach a mutually satisfactory agreement. Potential benefits to the use of mediation include its flexibility, cost-effectiveness, and emphasis on preserving relationships. Many choose mediation because it allows a greater level of control over the outcome. In mediation, the parties retain the power to decide the terms of their agreement. In traditional litigation, the courts have this control. Mediation also allows for a greater level of co ..read more
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The possibility of flawed eyewitness testimony
McHenry Law Blog
by jerricraventextbroker
6M ago
Many wonder how credible eyewitnesses are in Nebraska courts? You might think eyewitness testimony is the best testimony against a suspect. However, the California Innocence Project found that eyewitness misidentification is the number one cause of convictions of innocent people. The seriousness of eyewitness error Criminal defense often calls the validity of eyewitness accounts into question. Thousands of innocent people go to jail each year, and some of them serve long sentences before the truth comes to light. In 2023, Garardo Cabanillas was freed after serving 28 years of a life sentence f ..read more
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A guide to LLC operating agreements in Nebraska
McHenry Law Blog
by jerricraventextbroker
9M ago
In Nebraska, limited liability companies (LLCs) have become a preferred choice for business setups. Their flexible structure makes it easier for owners to manage their finances and decision-making process. One of the most important documents that govern an LLC is the operating agreement. While it is not legally required for companies to have operating agreements, there are several compelling reasons why you might find them beneficial. Understanding LLC operating agreements An LLC operating agreement is a legal document that establishes the company’s operating procedures and outlines the rights ..read more
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Nebraska Medicaid planning
McHenry Law Blog
by jerricraventextbroker
1y ago
Aging is inevitable, and the most worrying part about it is the lack of ability to function independently as time passes. You may need to enter a nursing home care in Nebraska or need assistance with daily functions due to physical or mental health conditions. Medicaid planning strategies are available to help you and your family financially manage long-term care costs and protect your assets from high nursing home fees. Asset protection trusts This is a legal entity that allows you to set up a plan that can protect your assets. You will pick someone known as a trustee to manage your propertie ..read more
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What happens to the business when you and your spouse split ways?
McHenry Law Blog
by jerricraventextbroker
1y ago
Divorcing a spouse can be challenging for anyone, especially regarding its impact on your business. If you own a business in Nebraska, it is crucial to understand how your divorce can affect your company. Dividing assets in a divorce Consider how the division of assets will affect your business. For example, suppose the business is co-owned by you and your spouse. In that case, it may become necessary to sell the company to divide the assets equitably. However, this could result in a significant financial loss for both parties, especially if the business valuation is incorrect. Day-to-day busi ..read more
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How to fight a DUI in Nebraska
McHenry Law Blog
by jerricraventextbroker
1y ago
The arrest and prosecution of a DUI case in Nebraska involve specific legal procedures that law enforcement must follow, or a judge might dismiss the charge. These intricacies of DUI law provide valuable opportunities a person can use to fight a conviction. The initial stop For an officer to have probable cause to pull you over, he or she must witness a traffic violation or have some other articulable suspicion that criminal activity is afoot. If the officer did not have a legal reason to stop you, you or your criminal defense attorney could move to have the court suppress any evidence obtaine ..read more
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Is probate inevitable for out-of-state property?
McHenry Law Blog
by sarah.mirando@thomsonreuters.com
1y ago
When you have more than one Nebraska property in an estate to administer, probate can become more costly. Things become even more complicated and expensive when the property left behind by the decedent is in another state. This also applies to property that was registered out of state. What makes probate so undesirable? Among the main drawbacks that come with ancillary probate are the additional costs. Whenever you’re able to, avoiding it may be in your best interest – not to mention the best interests of all the beneficiaries. The place where the decedent was living at the time of their death ..read more
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Worries about hidden assets in divorce
McHenry Law Blog
by jerricraventextbroker
1y ago
Equitable distribution is a term divorcing spouses may soon learn. Nebraska remains an equitable distribution state, meaning the courts seek to divide assets fairly. Some believe that equitable distribution means the couple splits assets 50/50, but that might not be the case. A judge may decide who gets what after reviewing facts and evidence during a trial. Many spouses prefer to negotiate a settlement, but not everyone negotiates fairly. Some spouses may attempt to hide assets. Hiding assets in a divorce Not everyone entering divorce proceedings wishes to negotiate honestly. A spouse might f ..read more
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Optimizing your car accident claim in Nebraska
McHenry Law Blog
by sarah.mirando@thomsonreuters.com
1y ago
If you have been in a car accident in Nebraska, you may be entitled to reimbursement for your damages. However, it is important to optimize your claim to get the most money possible to cover everything you need. Nebraska car accident laws The first thing you need to do to optimize your claim is to understand Nebraska’s auto insurance laws. The state follows at-fault insurance laws when it comes to motor vehicle accidents. This typically means that the insurance company of the driver responsible for causing the accident will pay for the victim’s injuries and property damage. Additionally, Nebra ..read more
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Motor vehicle accident involving semi truck leaves 1 dead
McHenry Law Blog
by josh.vickers@thomsonreuters.com
1y ago
Semi-trucks or tractor-trailers are a large part of the transportation of goods around Nebraska and the entire nation. As necessary as they are, they can also pose a danger to motorists in smaller vehicles who share the road with them. When people get into a motor vehicle accident with a large truck, they are at a higher risk of injury or fatality due to the size of these vehicles. This may be what happened to one person in a recent crash that involved a semi-truck. Law enforcement says that the crash happened on a recent morning at the intersection of two state highways. A southbound semi hau ..read more
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