In the recent case of Edwards v. Bryson (2013 WL 4504783 (C.A.3 (Pa.) Aug. 26, 2013), the United States Court of Appeals, Third Circuit reaffirmed its prior decision in United States v. Moreno (3d Cir. July 3, 2013), in which the court held that a passport will serve as conclusive proof of United States citizenship only if “its holder was actually a citizen of the United States when the passport was issued.”

Continue Reading Third Circuit Clarifies Passport as proof of Citizenship Rule

The U.S. Virgin Islands Energy Road Map, an analysis by the National Renewable Energy Laboratory at the U.S. Department of Energy thinks so.  Today’s state-of-the-art commercial equipment usually captures about 45% of the available energy in the wind when operating at  maximum efficiency.  Nonetheless, wind power is thought to be among the lowest cost renewable energy technologies.  In light of this, it has enjoyed remarkable growth throughout the world in the last 15 years. 

Continue Reading The Latest News on Wind Energy in the U.S. Virgin Islands

What is a Registered Agent or a Resident Agent, and why does my company need one?
A registered agent is the individual or company that serves as the corporate entity’s contact to receive service of process in legal matters in the U.S. Virgin Islands. All corporate entities are required to have a registered agent on record with the Secretary of State’s Office or in the case of the U.S. Virgin Islands, the Office of the Lieutenant Governor.  

Continue Reading Why A U.S.V.I. Company Needs A Resident Agent

The Appellant Dawn Prosser appealed from a judgment of the District Court in favor of James Carroll, the Chapter 7 Trustee of the bankruptcy estate of Jeffrey Prosser, Dawn’s husband. Dawn challenged the District Court’s denial of her motion to dismiss, as well as other pleadings. She argued that the court erroneously allowed recovery for transfers of property made more than two years before the bankruptcy petition was filed, and that the Trustee failed to prove the post-petition transfers were out of the ordinary course of business.

Continue Reading Motions Screech to a Halt in Attempt to Keep Money from Creditors

In a previous post, I offered tips on how to avoid foreclosure.  Most of those suggestions centered on how a mortgage borrower should talk to the mortgage lender at the onset of financial difficulties.  But what alternatives do borrowers have if they are already in active foreclosure litigation and they don’t qualify for loan modification programs such as the Home Affordable Modification Program (known as HAMP)?  In that case, a borrower’s options narrow considerably, but a few options might remain open.

Continue Reading Settling Foreclosure

Judge Susan D. Wigenton of the District Court of the Virgin Islands, Division of St. Thomas and St. John recently entertained the motion of the defendant Marriott Hotel Management Company (Virgin Islands) (“MHMC”) and Marriott Hotel Services’ (“MHS”) to dismiss the complaint of Plaintiff Judy-Ann James Frederick concerning numerous employment violations, including wrongful discharge.

Continue Reading Court Recognizes Constructive Discharge Employment Claim for First Time under VI Wrongful Discharge Act

Curtis V. Gomez, Chief Judge of the District Court of the Virgin Islands, recently heard a motion by the plaintiffs to substitute a party in the matter of Richards v. Marshall.  The action was initiated in 2009. Plaintiffs Barbara Richards and several other tenants ("Tenants") alleged that they sustained various injuries after being exposed to toxic mold allegedly present in a building owned by the defendants, Alfred Marshall and Sydney Katz, doing business as A & S Realty Associates (“A & S Realty”).

Continue Reading VI Court Rules on Substitution of Parties to Action

This case stemmed from the tax sale of property known as “No. 5 Estate Sans Souci and Guinea Gut, No. 9 & 10 Cruz Bay Quarter, St. John, United States Virgin Islands.” (the "St. John Property”) in which Chief Justice Curtis V. Gomez of the District Court of the Virgin Islands, Division of St. Thomas and St. John, was asked to grant a motion to dismiss.

Continue Reading Indispensable Parties, Joinder, and Unidentified Heirs

There is an old saying that you can’t fight city hall, but any administrative law attorney will tell you that this is not true.  If a local government agency makes a decision that affects your personal interests, you most certainly can appeal that decision.  But in doing so, appellants must take care that they lodge their appeals with the correct adjudicative body.  Aggrieved parties cannot simply run to court to appeal an administrative decision that did not go their way.  Instead, they must take full advantage of any administrative appeals process that the local government has put into place.  This rule, known as the “administrative exhaustion” doctrine, is a bedrock principle in governing the interaction between government agencies and the court system.

Continue Reading The District Court of the Virgin Islands Vindicates the Administrative Exhaustion Doctrine in Challenges to DPNR Land Use Permits