Weekly Twitter Update 2014–November–02

  • by Ronald Nelson
  • News

 · Nov 1

Federal judge hears arguments over Kansas same-sex marriage ban

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 · Oct 31

MT : (10) Federal Judge Crabtree takes Kansas decision under advisement.

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Kansas City, MO

 Ronald W Nelson, PA retweeted
 · Oct 31

(3) Judge Crabtree asks Bonney if he’s seeking recognition of marriages outside Kansas.

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 · Oct 31

: Supreme Court addresses obligations under I-864 in divorce

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 · Oct 31

: Trial court properly rejected relitigation of issues on remand from previous appeals decision

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 · Oct 31

RT : What you need to know before Nov. 4

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 · Oct 31

Federal district court in Kansas hearing preliminary motions in same-sex marriage case today

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 · Oct 31

: Appellant bears burden to designate facts in the record to support appellate claims #111504

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 · Oct 31

: Trial court has obligation to insure efficient presentation of evidence/testimony at trial #111504

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 · Oct 31

: Trial court need not recount every factor relating to decision on child custody for it to be valid #111504

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 · Oct 31

: Appellate court does not reweigh or redetermine fact issues determined by the trial court #111504

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 · Oct 31

: Trial court did not err finding that work-related child care costs were necessary or reasonable #111504

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 · Oct 31

: Determination whether child care is necessary is a factual determination for trial court #111504

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 · Oct 31

: guidelines interpretation is an issue of law; amount is matter of discretion #111504

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 · Oct 31

: Failure to support an appellate argument with pertinent authority is akin to not briefing issue #111504

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 · Oct 31

: Sponsor obligation under I-864 affd does not limit court’s ability to award spousal support #111504

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 · Oct 31

: Appellate court does not reweigh evidence or redetermine discretionary issues #111504

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 · Oct 31

: There is no fixed rule in Kansas about how or why court may award spousal support #111504

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 · Oct 31

: Kansas decisions do not require court consider all listed factors of spousal support to order it #111504

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 · Oct 31

: Spousal support determined in Kansas by need and ability to pay #111504

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 · Oct 31

: Abuse of discretion is either error of law, arbitrary decision, error of fact #111504

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 · Oct 31

: Appellate court reviews spousal maintenance award for abuse of discretion #111504

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 · Oct 31

: Where record unclear if trial court was properly presented theory, remanded for consideration #110973

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 · Oct 31

: An appellant has a duty to specifically reference facts in ROA to support version of facts #110973

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 · Oct 31

: An appellant is responsible to provide an adequate record on appeal #110973

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 · Oct 31

: A party’s failure to make its strongest case at trial does not entitle it to a second chance #110973

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 · Oct 31

: Motion to alter/amend does not allow relitigation of old issues, new theories, or to rehear merits #110973

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 · Oct 31

: Statutory interpretation is matter of law with unlimited appellate review #110973

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 · Oct 31

: Parol evidence cannot be used to vary the terms of a written document #110973

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 · Oct 31

: Kansas courts may look at parties later conduct in contract dealings if shows mutual understanding #110973

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 · Oct 31

: If written document not subject to more than one interpretation, it is not ambiguous #110973

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 · Oct 31

: Courts interpret written agreements first within its four-corners #110973

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 · Oct 31

: Kansas courts exercise unlimited appellate review over meaning of written documents #110973

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 · Oct 31

: Extrinsic evidence of intent cannot contradict included name on property title #110973

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 · Oct 31

: obligor had equitable interest in property because his name was on property title #110973

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 · Oct 31

: No error refusing to consider extrinsic evidence of real estate ownership interest if deed clear #110973

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 · Oct 31

: Defendant bears burden to show it was ‘bona fide purchaser’ of property exempting it from process #109002

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 · Oct 31

: Even if tracing requirement exists, it does not prohibit creation of constructive trust #109002

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 · Oct 31

: A party must prove unjust enrichment by clear-and-convincing evidence #109002

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 · Oct 31

: If Kansas requires a tracing requirement on funds obtained by unjust enrichment, court complied #109002

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 · Oct 31

: Court states elements of Unjust Enrichment in Kansas #109002

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 · Oct 31

: Court did not abuse discretion imposing constructive trust on property obtained by retained funds #109002

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 · Oct 31

: Trial court did not abuse discretion by imposing constructive trust on life insurance proceeds #109002

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 · Oct 31

: Kansas courts apply a 3-year statute of limitations period to unjust enrichment claims #109002

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 · Oct 31

: Denial of doctrine of laches subject to abuse of discretion appellate standard #109002

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 · Oct 31

: Courts use place of contract to determine equitable defenses (e.g. laches) to it #109002

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 · Oct 31

: In , like , contract obligation for death benefit arises on death, not when contracted #109002

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 · Oct 31

: Kansas statute of limitations borrowing statute applies only if other state’s SOL is expired #109002

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 · Oct 31

: Contract to provide death benefit arose at 2009 death, not when 1993 divorce decree containing it #109002

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 · Oct 31

: Kansas 5-year statute of limitations for contract action applied to breach of contract action #109002

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 · Oct 31

: Contractual obligation to provide death benefit arises on death, not when contract entered #109002

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 · Oct 31

: Matters of procedure are determined by place action filed, rather than where contract entered #109002

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 · Oct 31

: Kansas courts apply Restatement (1st) Conflict of Laws to determine which State’s laws apply #109002

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