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.
Florida Charitable Giving: Estate Planning Steps
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 and social media messaging apps. Entire generations have grown up with the format, using social media platforms like Snapchat and Facebook Messenger. Teen sexting crimes vary by state and jurisdiction. Penalties generally depend on the ages of the individuals involved and whether the parties exchanged messages consensually. For legal advice about the sexting laws where you live, talk to a local criminal defense lawyer. …
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?
Your former employer cannot say bad things about you if it constitutes defamation that damages your reputation. Workplace defamation involves making false statements as slander or written lies as libel, with an absolute defense for true statements and qualified privileges when providing job references. To prove legal liability, you have the burden of proof to show malicious intent and actual damages, including emotional distress or lost job opportunities. Talk to an employment lawyer about …
The Legal Standards To Determine Sexual Consent in Minnesota
Minnesota determines sexual consent based on whether a person's mental capacity and freely given words demonstrate legal consent. Lack of consent through force or coercion, without words or actions to demonstrate affirmative consent, is part of the statutory definition for criminal sexual conduct. Under Minnesota statute jury instructions, a physically helpless person or a highly intoxicated victim cannot give legal consent. The criminal penalties for sexual assault include felony charges and …
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 …
Planning for Long-Term Care in New Jersey
Estate planning is not just for the wealthy. Everyone needs to think about how care will be paid for as we approach the end of our lives, and how this may affect our children and grandchildren. No one wants to be a burden and, if possible, we’d all like to pass something on. Hoping for the best is not a plan, and can have devastating effects. “If you don’t plan and something happens, chances are you’ll spend hundreds of thousands of dollars on long-term care,” says Bridgewater elder …
Find top lawyers with confidence
The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.
Find a lawyer near you