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August 24, 2010
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Ruling On Respondent's Motion To Dismiss

On July 15, 1975 the United File Room Clerks, Messengers, and Library Personnel of Foley, Hoag & Eliot (herein Petitioner) filed a petition for certification of representative pursuant to Massachusetts G.L. c.150A, §5 for a unit of file-room clerks, messengers, and library personnel employed by Foley, Hoag & Eliot (herein Respondent). Respondent filed a Motion To Dismiss for Lack of Jurisdiction on September 9, 1975. Subsequently, Petitioner and Respondent filed excellent memoranda concerning the question of the Labor Relations Commission's (herein Commission) jurisdiction in this matter.

On the basis of these memoranda and the affidavit of Laurance S. Fordham we accept for purposes of determining the jurisdictional issue Respondent's statements that it is a law firm which employs approximately one-hundred fifty (150) employees. Sixty (60) of Respondent's employees are attorneys and approximately eighty-five per cent (85%) of its business is providing Iegal services to employers who are subject to the National Labor Relations Act (hereinafter "NLRA" or "Federal Act"). Furthermore, ten to fifteen per cent of Respondent's legal services consists of labor relations advice to employers subject to the NLRA. Finally, we accept Petitioner's claim and we find that it is a labor organization within the meaning of G.L. c.150A, §2(5) . For the reasons set forth herein, we deny the Respondent's Motion To Dismiss and set the matter down for a hearing at 10 o'clock A.M. on February 5, 1976 for the purposes of determining the appropriateness of the unit sought in the petition.[

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Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


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Latest news about Financial & Estate Planning in Miami and nationwide:

Law Firm Agrees to Pay $1.2 Million for Violating Court Order
Washington, DC, June 25, 2002 — The Securities and Exchange Commission announced today that the Dallas law firm Gardere Wynne Sewell LLP has agreed...
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Law Firm, Ironically, For The Unfair
In February, 2003, the California Attorney General sued a law firm, ironically, for the unfair business practices of targeting thousands of sm...
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Violation Of A Technical Rule
Businesses in California are facing, among other things, 100-400% increases in workers' compensation premiums, increasing employer mandates, a...
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Estate Planning Terms

 


Today's Terms

Tenancy-in-Common

Definition:
A form of ownership of property in which two or more persons share ownership (may be equal or unequal shares). At the death of a tenant-in-common, his/her share in the property transfers to his/her heirs, rather than to the other surviving owner(s). Compare with Joint Tenancy.

Gain

Definition:
The difference between the Tax Basis (the amount originally paid for property with certain adjustments) and the amount received for the property when it was sold.

Federal Estate Taxes

Definition:
Taxes imposed by the US Government on the value of a person's estate upon his or her death.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Miami Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Apopka
  • Boca Raton
  • Boynton Beach
  • Brandon
  • Clermont
  • Daytona Beach
  • Deltona
  • Dunedin
  • Fort Lauderdale
  • Gainesville
  • Hallandale
  • Hialeah
  • Hollywood
  • Jacksonville
  • Key West
  • Kissimmee
  • Lake Wales
  • Lake Worth
  • Lutz
  • Melbourne
  • Miami
  • Miami Beach
  • Middleburg
  • North Miami Beach
  • Opa Locka
  • Orange Park
  • Orlando
  • Ormond Beach
  • Oviedo
  • Palm Harbor
  • Panama City
  • Pensacola
  • Pompano Beach
  • Port Richey
  • Riverview
  • Tallahassee
  • Tampa
  • Valrico
  • West Palm Beach
  • Winter Park
  • Winter Springs
 


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