Work Products & Services
McPhillips Legal Research can do the research and writing that busy lawyers need to produce for their clients. We prepare all types of work products for state or federal matters, including:
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Areas of Law
The tools necessary for good legal research are essentially the same in any field, and our years of experience give us the ability to tackle any project, regardless of the subject matter. We have direct research experience in many areas of law, including these examples:
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Legal Issues We've Recently Researched…
Attorney and Client
GA
Disqualification of an attorney for an alleged conflict of interest.
Automobile Accidents
VA
Proximate cause in an automobile accident.
Banking
NC
Construction lender's duty to monitor use of the loan proceeds.
Civil Rights
VA/FD
Elements of a cause of action under Title VII, 42 U.S.C. § 2000e, et. seq., and 42 U.S.C. § 1981.
Construction
TN
Risk of unforseen subsurface conditions, between a blaster, contractor, and landowner.
Consumer Protection
OH
Applicability of a state deceptive trade practices act to an attorney's provision of legal services.
Contracts
GA
Validity and enforceability of a covenant not to compete.
TN
Elements of an implied-in-fact contract and the damages recoverable for a breach.
Corporations
VA
Implied promise to pay a co-promoter of a corporation for provision of services to other co-promoters in the establishment of the corporation's business operations.
VA
Validity of a testator's bequest of stock restricting the beneficiary's right to vote the stock.
Criminal
VA
Requirement of a DUI blood test under Va. Code Ann. § 18.2-268.2(B) upon the malfunction of both the preliminary breath test apparatus and the station breathalyser.
VA
Appellate Brief regarding sufficiency of evidence to support conviction for rape, abduction and forcible sodomy.
VA
Violation of Fifth Amendment arising from the prosecutor's reference to a criminal defendant's failure to testify.
Eminent Domain
VA
Adjoining property as part of the "residue" in calculating damages when there is no unity of use between the subject property and the adjoining property.
Environmental
GA
"Occurrences" under the Georgia Underground Storage Tank Trust Fund Act.
VA/FD
Injunction against an EPA administrative hearing concerning the agency's proposed enforcement of the Clean Water Act.
Family Law
OH
Divorce property settlement agreement's effect on the designation of an ex-spouse as life insurance beneficiary.
VA/CA
Juvenile's "home state" under the Uniform Child Custody Jurisdiction and Enforcement Act.
VA
Termination of child support based on non-paternity.
VA/FD
Set-off to child support equal to the child's Social Security check.
VA
Authority of the juvenile and domestic relations court to order continued support of an adult, disabled child.
Gifts
VA
Delivery of a gift of stock solely upon the transfer being stated in the corporate minutes.
HIPAA
KY/FD
Effect of new HIPAA privacy rules on an attorney-in-fact's access to the principal's medical records.
Landlord and Tenant
KS
Duty of a commercial landlord to mitigate damages when a commercial lessee abandons its lease.
Medicare
CT
A personal injury plaintiff's reimbursement of Medicare under the Medicare Secondary Provider Act ("MSPA"), 42 U.S.C. § 1395y(b).
GA/FD
Applicability of the Stark amendments creating the Medicare self-referral rules to physician referral incentives.
Negotiable Instruments
VA
Potential defenses to a promissory note.
Real Property
MT
Applicability of the equitable rule against forfeitures to a contract granting an option to purchase real estate.
SC
Survival of a joint bid to purchase real estate at foreclosure after one bidder's death.
Torts
CO
Cause of action for negligent infliction of emotional distress for consuming a dead mouse in a bag of potato chips.
CT
Cause of action for negligence arising from a condo association's breach of a contractual duty.
Wills, Trusts, and Estates
GA
Set-off of rent to a co-beneficiary of a real estate devise who leases the property from the estate.
GA
Release of co-executor upon the release of the other co-executor for breach of fiduciary duty.
SC
Construction of a survivorship provision in a residuary clause making a gift over to "the remaining heirs."
VA
Validity of the sale and transfer of title to specifically devised real property by an executor with a naked power of sale.
VA
Effect of a survivorship clause on the applicability of the anti-lapse statute.
Worker's Compensation
CT
Employer's intentional actions allowing the employee to sue in tort rather than under the worker's compensation statutes.
Wrongful Death
OH
Relevance and admissibility into evidence of the surviving spouse's death shortly after the decedent's death.
VA/NC
Abandonment of a deceased spouse precluding the surviving spouse from sharing in a wrongful death award.
VA
Validity of the sale and transfer of title to specifically devised real property by an executor with a naked power of sale.
VA
Effect of a survivorship clause on the applicability of the anti-lapse statute.