U.S. Virgin Islands corporations have the potential to be sued in all areas of the country.  It is important to understand how your company’s interactions in another jurisdiction may bring about the required jurisdictional requirements to be sued there.

Continue Reading Why Personal Jurisdiction is Required to Sue a Person or Company

Forum non conveniens is the discretionary power of a court to decline its jurisdiction in cases where another court may more conveniently hear a case. As the U.S. Virgin Islands is roughly 1000 miles from the U.S. mainland, an individual or company faced with litigation may see this doctrine arise.  The U.S. Third Circuit Court of Appeals handled the question in a case involving parties from foreign countries.

Continue Reading What is Forum Non Conveniens and is it Important?

Ralph Van Deventer worked for Johnson & Johnson (Johnson) as a Compliance Analyst until he became disabled from multiple weaknesses in his skeletal structure and tenosynovitis of the left ankle. Van Deventer was enrolled in Johnson’s Long Term Disability Income Plan for Choice Eligible Employees (the “Plan”), which had two different, time-sensitive definitions of “disabled.” 

Continue Reading Third Circuit Says Company’s Handling of Disability Claim OK

A declaratory judgment is a court judgment which sets out the rights of parties but without ordering any action or awarding damages. Courts will entertain this motion to stop controversies with a clarification of the law at the initiation of a lawsuit instead of waiting until both parties have presented their arguments.  For instance, a corporation may request a court to decide if a new tax is applicable to their business before the company pays it.

Continue Reading Arbitrator’s Decision on Procedural Issue Stands in Hotel Case

A new ruling by the Federal Energy Regulatory Commission (FERC) has opened the doors to connect more solar arrays and wind farms to the power grid. FERC’s new ruling in Order 792, updates its existing rules for small generators to reflect the latest developments in the energy storage field. The new order adds energy storage as a power source that is eligible to connect to the grid, effectively giving energy storage the same status and inclusion in the same category as the existing Small Generator Interconnection Procedures. It also makes energy storage eligible for the existing fast track process.

Continue Reading New FERC Order Lifts Renewable Energy Obstacles

2014_rainbow_house_For many business owners and investors, owning real estate is a key component of their operations. However, the specific requirements involved with owing property in the U.S. Virgin Islands can be complicated.

For one, owning real estate isn’t like owning personal property, as the owner(s) must have title to the property. Furthermore, transferring the title depends on the circumstances of the transfer and the method of title in which the real estate is held. Consideration of all these factors can and should impact the process of establishing joint ownership of real estate.

The following are the different arrangements through which multiple people may own real estate in the USVI.

Joint tenancy

Joint tenancy is actually just what its name sounds like — the equal ownership of real estate by two or more people. The death of one owner results in the passing of ownership along to the others, and there is no requirement that these individuals be married or related.

Tenancy in common

Tenancy in common works much like joint tenancy, except that the tenants hold the title individually. This means they can do with their share of the property as they please. Unlike in joint tenancy, real estate held through tenancy in common may be willed to other parties.

Tenants by entirety

To own property as tenants by entirety, the two owners are regarded as one person under the law, which means that in the event of one spouse’s death, nothing is required of the other because the ownership automatically transfers. If a couple gets a divorce while holding property in this manner, the title automatically defaults to tenancy in common.

Ownership options for businesses and other groups

Businesses have a variety of options for real estate ownership. A corporation may own property and is considered separate from its shareholders if this is the case. Partnerships and limited partnerships are also able to own real estate. In fact, the ownership of property is sometimes the catalyst for the establishment of partnerships in the first place.

This arrangement can be a great option for those holding several real estate properties. It’s also possible to own real estate through a trust, in which the trustee is responsible for the maintenance of the property on behalf of those designated as beneficiaries.

Although there are several options available to those desiring to have join ownership of real estate in the U.S. Virgin Islands, it’s definitely an arrangement that requires some planning and prior knowledge. Ultimately, how multiple people or business partners choose to hold real estate is a matter best discussed with qualified professionals to determine the best course of action from a tax, legal and real estate perspective.

BoltNagi is a well-established and widely respected real estate law firm serving clients throughout the U.S. Virgin Islands.

A “statute of limitations” is a law that places a time limit on when a claim can be brought. These time limits are designed to prevent fraudulent and stale claims from arising after the passage of time or the defective memory, death, or disappearance of witnesses. The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. In Gunn v. First American Financial Corporation, fraud was involved, which tolled the clock and gave the plaintiff more time to amend his complaint. 

Continue Reading You Can’t Wait Six Years to File a Lawsuit or Can You?

Complaints must state some specific claim or allegation based on facts. Courts won’t just take a person’s word for it that they’ve been wronged. Georr M. Birla was given several chances by the courts to amend his claim against the defendants, but never got it right.  He appealed pro se from an order of the District Court dismissing his amended complaint. 

Continue Reading Plaintiff Fails to Establish Claim Even After Courts Give Him Several Do-Overs

The IRS has several dozen federal tax breaks are scheduled to go away at the end of the year, unless Congress decides to keep them alive. Business owners in the U.S. Virgin Islands would be well advised to investigate these expiring tax rules and take advantage of them now. 

Continue Reading Is Your Company Getting All its Tax Breaks this Year?