About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 163

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.

When a Tree Falls in California

FAQs about property owners’ legal rights and responsibilities in tree disputes

Whether urban or rural, mountainous or coastal, trees are such an essential part of our landscape. California contains a rich biodiversity of tree life, including majestic redwoods, sequoia, fragrant eucalyptus, sturdy live oak, and signature palms. And while we may think of the trees as belonging to all of us (collectively, anyway), most trees belong to the owner of the land they grow on. When a tree, or portion of it, falls and hurts someone, there is an entire body of law laying out who is …

Can I Sue When Someone's Dog Bites Me?

The laws regarding dog bite cases in Nevada

If you’re injured by someone else’s dog, can you have them pay your medical bills, emotional distress or other damages? Are there any criminal charges that apply to someone whose pet may be dangerous? The answers to these questions are governed by Nevada state dog bite laws, local ordinances, and a body of case law, amounting to the conclusion: It depends. How Dog Bite Liability is Determined in Nevada Nevada does not have a state dog bite statute covering dog bites. Consequently, a dog …

The Advantages of a Special Needs Trust

SNTs and Pooled SNTs allow loved ones to gift money to those on government benefits

Most people with disabilities depend on government-provided medical care and assistance programs. But eligibility for those benefit programs has strict limitations on the amount of a recipient’s income and resources. So what is a family member or loved one to do, should they wish to provide them with additional funds? Or, what if they receive an award from a personal injury settlement? Both would likely result in benefits being reduced or cut off.  Special Needs Trusts are a way around this …

Am I an Independent Contractor or Employee in Florida?

Florida law sets factors to determine a rideshare driver's status

The employment universe has experienced rampant reinvention in the last decade or so, incorporating concepts like remote work, flex-time, “gig” opportunities, and a host of other innovations that have challenged our traditional understanding of the employment relationship. Yet, whether one is an employee or its legal opposite, an independent contractor, is a matter of ongoing significance.  Why Does Proper Worker Classification Matter? Perhaps you work from home but use a laptop …

What is Birdnesting?

An innovative approach to child custody in Kentucky

Kentucky courts are increasingly recognizing the importance of retaining both parents in primary parenting roles in children’s lives. Nearly all Kentucky child custody decrees now order joint legal custody, even where physical custody may reside primarily with one parent. This means that even when the parties agree (or the court decides) that it’s best for the child to live more of the time with one parent, both parents remain equally responsible for legal, medical, school, and other …

Who's at Fault in a Tennessee Car Accident?

How to determine fault and recover damages in a car accident suit

Automobile accidents are, unfortunately, a fact of life. Because most of us drive, the odds are strong that you will be involved in an auto accident at some point. Whether a fender-bender, rear-end collision, or more serious injury accident, there are some basic things to know about Tennessee law before the need arises. First Things to Do if You’re in a Car Accident If you’re in a car accident, the first thing to do is verify that everyone involved is OK. If there have been any injuries, …

How Elder Guardianship Works

How Ohio courts assign decision-making authorities when an elder can no longer tend to their needs

The aging of our parents can present many thorny questions, and at times, there’s a fine line between what we think is helping and what’s perceived as meddling or taking control. And yet, letting things go for too long can leave an incapacitated parent without assistance when it’s needed. When is the right time for your dad to stop driving? When does mom need someone to balance her bank account and pay her bills for her? Advance Planning Tools How you handle a loved one’s incapacity …

Maryland Security Deposit Law

Whether you’re a landlord or a tenant, protect your rights

When a real property owner rents out their space, they will typically require a tenant’s security deposit. This is, as its name suggests, money to be held for the purpose of protecting the landlord in the event of damage to the property or for nonpayment of rent. It may not be used by either the landlord or the tenant during the term of the tenancy, but is placed in a secure account and kept until the tenant moves out.  Security deposit money may only be retained by the landlord after …

The Effect of Moving on Child Custody in California

Move-away disputes can be among the most wrenching parents—and courts—face

We live in a shrinking world, with access to opportunities across the country and around the globe. It’s common for people to relocate based on job transfers, improved earning potential, relationships, family, or simply the promise of a fresh start. But what happens when you are divorced with children and want to move to a new location? One parent inevitably loses physical access to their child, and the child to that parent, when geographic distance prevents regular contact. This has become …

What Happens When You Get a DUI as a Commercial Driver?

Holders of a CDL face tough consequences for a DUI

Drinking and driving don’t mix. This is true for anyone sitting behind the wheel of a vehicle, but there are some added risks and stiffer consequences for drivers who possess a Commercial Driver’s License (CDL). Commercial drivers are held to higher standards of safety. Increased risk accompanies more time on the roads with large, complicated vehicles—including those carrying passengers. Accidents involving commercial vehicles typically cause greater and more serious damage. As a result, …

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