About Judy Malmon, J.D.
Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.
Articles written by Judy Malmon, J.D.
Making Lemonade from a Car Purchase Gone Wrong
If you’ve recently bought a new vehicle or used car in Massachusetts, hopefully you got the vehicle you were expecting: one that runs as promised and is safe to drive. If, however, you were sold a car that doesn’t live up to its promise, you may have recourse under Massachusetts’ Lemon Laws. According to Boston consumer protection lawyer Kevin Crick, of Rights Protection Law Group, “most consumers just don’t know their rights, unfortunately.” Crick finds that many of his clients …
How To Leave a Charitable Legacy
There are many reasons why you may want to leave a charitable gift as part of your estate plan. Depending on how you structure it, a planned gift can allow you and/or your estate to obtain income tax, capital gains, or estate tax benefits, provide a stream of income for yourself or loved ones, and, of course, leave a meaningful gift to your favorite charity. Some overlook planned giving, as people believe you need to have substantial assets to make it worthwhile. However, there are a …
Sexting Can Land You in Jail
It’s a fact of modern life that we communicate extensively via text messages. An entire generation has grown up with the format, using social media platforms like Snapchat and Tinder. So, what happens when the natural sexual exploration of being a teen collides with the digital age? Is Cellphone Sexting Illegal? Sexting is an issue that has given rise in many states to a double standard that is difficult to reconcile: Even where it’s legal for teens to consent to sex, it may be illegal for …
What Payout Can I Get in My Ohio Personal Injury Case?
In 2005, Ohio legislators enacted restrictions on the amount of damages that could be awarded in personal injury lawsuits. The move was in response to a push for tort reform, based on concerns over excessive jury awards and the cost of defending against frivolous legal claims. Over a decade later, damage caps have become folded into the fabric of personal injury legal practice — in some cases, with unintended results. Caps on Personal Injury Settlement Payouts Generally, the …
How Mandatory Arbitration Clauses Impact Consumer Rights
Whenever you open a bank account, sign up for a credit card, or even download an app, you receive a lengthy account-holder agreement — a long scroll of terms and conditions. And when you click "agree" or sign the dotted line, one of the many contractual conditions you've probably agreed to is an arbitration clause. You may have additional consumer protections under state law. To understand and enforce your consumer rights, reach out to an experienced consumer law attorney. Arbitration …
Distracted Driving: Warning Signs and Consequences
We should all be aware of the dangers of distracted driving. There are many types of distractions while driving—eating, posting on social media, using the navigation system, or using a cell phone. Distracted driving involves anything that takes the driver's attention from the road. Sending a single text takes your eyes off the road for five seconds. At 55 miles per hour, that's like driving the length of a football field with your eyes closed. For legal advice after getting a distracted …
Can My Employer Say Bad Things About Me?
If you left your previous job, whether voluntarily or as a result of termination, landing in the job market probably leaves you wondering what kind of reference your former employer will give about you. If you’ve been turned down by a potential employer for a job you thought you would get, you may even be wondering if something a reference said might have kept you from being hired. Aren’t there rules against such things? As it happens, the rules relating to job references are somewhat …
The Legal Standards To Determine Sexual Consent in Minnesota
Since the #MeToo movement, American culture has taken a closer look at the ubiquity of sexual violations—sexual assault, sexual harassment, and sexual abuse in all its forms. A major issue in these cases is the question of whether consent was given. States have their own standards defining consent to a sexual act. In the state of Minnesota, analysis of whether consent exists for a given act at a given time depends on the four factors of: Communication; Absence of coercion; Age; and Capacity. …
Does the First Amendment Apply to My Private Employer?
What exactly are the parameters of taking a stand at work? Is your speech in the workplace protected, even if your boss doesn't like it? The answer is nuanced. While the First Amendment to the U.S. Constitution doesn't apply to private employers, employee speech is entitled to some protections under federal and state laws. If you need legal advice regarding your First Amendment rights and whether your workplace speech is protected, speak with an experienced employment lawyer in your …
Ohio Debt Collection Laws: Rules To Know for Debtors
The federal Fair Debt Collection Practices Act (FDCPA) is a federal law that establishes rules, guidelines and penalties regarding the way debt collectors can attempt to collect from consumers. But it turns out that not everyone contacting you to collect debt is subject to the FDCPA. That's because there is a distinction between a creditor and a debt collector. A creditor is a person or entity that loans you money or extends credit. A debt collector is a third-party collection agency engaged …
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