Although discovery is part and parcel of litigation, it is universally regarded as expensive and burdensome, and (sometimes) ripe for sharp practices.  One area where the legitimate fact-finding purpose of discovery runs up against the hardship of discovery is where a court orders discovery to proceed while a motion to dismiss that would, if granted, resolve the matter, remains pending.

Continue Reading Staying Discovery Pending a Dispositive Motion to Dismiss

The statute of limitations is the deadline for filing a lawsuit. Federal law or the laws of a state or territory establish the amount of time an individual has to commence their lawsuit by filing their complaint.  If a party fails to file within the timeframe, in all but the rarest of instances, they will be barred from moving forward with their case, and it will be dismissed.

Continue Reading Getting to the Court On Time!

As a small business owner, you have several different ways to form your business in the U.S. Virgin Islands.  The type of business entity that you select will hinge on numerous factors and conditions.  It is always best to seek the counsel of a corporate attorney who is familiar with business formation,such as those in the Corporate, Tax and Estate Planning Practice Group at BoltNagi PC. 

Continue Reading Liability Dangers of Sole Proprietorships & General Partnerships

The Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Employees that are eligible under the Act can take up to 12 workweeks of FMLA leave in a 12-month period for the birth, adoption or placement of a child, to care for a family member with a serious health condition, or because they are unable to work due to their own serious health condition.

Continue Reading Changes Proposed for The Family and Medical Leave Act to Affect Veterans

There is new information on the definition of “son or daughter” as it applies to an employee that wants to take leave under the Family and Medical Leave Act (“FMLA”) to care for a child with a disability who is 18 years of age or older.

 

Continue Reading FMLA Expands the Definition of “Son” or “Daughter”

BoltNagi Associate Steven K. Hardy was recently elected as the District 10 Representative to the American Bar Association Young Lawyers Division Executive Council at the quarterly meeting of the Virgin Islands Bar (VIBA).  Hardy currently serves as Chair of VIBA’s Bar Journal Committee, Co-Chair of VIBA’s Young Lawyer Committee and as VIBA Delegate to the ABA YLD Assembly.

Continue Reading Virgin Islands Young Lawyer Elected to National Bar Office

The Consumer Financial Protection Bureau (CFPB) recently proposed a rule that would allow the agency to manage the oversight of nonbank student loan servicers.  This growing market affects tens of millions of consumers and has experienced an increase in borrower delinquency in recent years.

Continue Reading CFPB Seeks Oversight of Nonbank Student Loan Servicers

Are you trying to avoid foreclosure?  Are you unable to maintan your home as you don’t qualify for a modification?  Are you unable to sell  you home?

A deed in lieu of foreclosure may offer you the solution.  A  deed in lieu of foreclosure or "DIL" is a way that a mortgagor (you the borrower) can voluntarily deed the property as collateral in exchange for a release from all of your mortgage’s obligations.  The Department of Housing and Urban Development (HUD) and many others lenders have strict qualifications and pre-requisites, so you want to make sure that a DIL applies to your situation.

Continue Reading Facing Foreclosure? A Deed in Lieu May Offer Solution

If you are newly divorced, you’re probably overwhelmed with all of the changes going on in your life.You should seriously consider stepping back, taking a deep breath and began developing a plan to secure your future.  One of the basic steps in moving forward after this major event in your life is updating your estate plan.

Continue Reading Effective Planning for the Newly Divorced