About Oni Harton, Esq.
Oni Harton is an experienced estate planning and litigation attorney. She has been writing and researching for more than two decades and enjoys contributing to efforts that connect people with critical legal services. Oni contributes to Super Lawyers by creating content and verifying the legal accuracy of articles. Oni is an Indiana University School of Law graduate. She is licensed in Indiana.
Articles written by Oni Harton, Esq.
When Can You Sue the Federal Government? Understanding the FTCA
The government generally cannot be sued without its consent, but Congress has created a limited waiver of federal sovereign immunity through the Federal Tort Claims Act (FTCA). This federal law allows private individuals to seek monetary damages for certain negligent or wrongful acts by a federal employee acting within the scope of their employment that caused injury or property damage. The process for filing a claim is strictly defined. The U.S. government does not make it easy to sue, and you …
The Future of Birthright Citizenship: Trump v. Barbara and the 14th Amendment
For over a century, a simple principle has shaped who counts as a U.S. citizen: if you were born on U.S. soil, you are an American (subject to a very narrow set of exceptions). This is known as birthright citizenship, and it touches millions of families. Now, that long-settled rule faces a legal challenge aimed at ending birthright citizenship as it has been understood. A 2025 executive order sought to define who qualifies for birthright citizenship; lawsuits followed, and the question …
Constitutional Rights of Noncitizens: Alienage and Equal Protection in US Law
Certain constitutional rights belong to everyone in the United States, including American citizens, visitors, and immigrants, whether documented or not. The fundamental rights guaranteed by the Due Process and Equal Protection Clauses of the U.S. Constitution, as well as the Bill of Rights, apply to every person, regardless of immigration status. Knowing your rights under the law is critical. It's the first line of defense to ensure your rights remain protected. To learn more about the …
Legal Representation: What the Right to an Attorney Means in Practice
Having legal protection in a criminal proceeding is a fundamental right guaranteed by the United States Constitution. If a defendant faces the possible loss of liberty, the government must provide legal counsel to those who cannot afford an attorney. If it does not, the defendant has grounds for an appeal or even a reversal of the conviction. While defendants may have a right to an attorney in criminal cases, exercising that right can be challenging in practice. Read on to learn more about the …
Buying a Home Abroad? Here Are the US Tax Rules You Need To Know
If you are buying a home in another country, whether as a personal residence, vacation property, or rental investment, it’s important to understand the potential U.S tax and reporting consequences. U.S. citizens and many lawful permanent residents generally must report worldwide income on their U.S. tax returns, even if they live abroad. Tax rules can follow you no matter where you live. Given that tax law can be complex and mistakes costly, it’s important to understand how the law applies …
Can You Sue Your HOA? Legal Options for Handling an HOA Dispute
Clashing with a homeowners association (HOA) over property rules, fines, or maintenance issues is never pleasant. While HOAs are designed to maintain community standards, disagreements are incredibly common. In most cases, you do not need to rush to file a lawsuit. Understanding common disputes, internal processes, and alternative dispute resolution processes can go a long way. Whether you can sue your HOA depends on HOA rules and state laws, which vary widely. Consulting with an experienced …
Section 1983 Lawsuits: Suing the Government for Civil Rights Violations
42 U.S.C. Section 1983 is part of the Civil Rights Act of 1871. It allows you to sue state and local government officials in a civil action when, acting under the color of state law, they violate your civil rights. Understanding what qualifies as a civil rights violation under Section 1983, who can be held responsible, what type of evidence is required to prove your case, and what to expect during the legal process can help you protect your rights. To learn more about pursuing a civil rights …
What Is Space Law?
Space law refers to the body of laws that govern space-related activities. Like general international law, space law comprises a variety of governing norms and principles, including: International agreements Outer space treaties International conventions United Nations General Assembly resolutions Regulations of international organizations Space law impacts everyday life more than most people realize. It affects satellites that support GPS, weather forecasting, television, internet access, and …
How To File an Amicus Brief: A Step-By-Step Legal Guide
An amicus curiae brief, Latin for “friend of the court,” is a legal document filed by a person or organization that is not a party to a lawsuit but who contributes their expertise or perspective to help the court make an informed ruling in the case. Amicus briefs provide additional perspective, expert knowledge, and a clearer sense of how a decision may affect individuals or groups beyond the parties in the case. They frequently align with one of the parties in an appeal challenging a …
Attorney Fees: Who Pays if You Win a Lawsuit?
Legal disputes are expensive, and attorney fees are a major concern for anyone involved in a lawsuit. In most cases in the United States, each party pays its own attorney's fees, even if it wins. However, there are specific exceptions to this rule depending on the type of case and the applicable law. If you have additional questions about who pays if you win a lawsuit, consult a local lawyer who practices general litigation. The American Rule for Attorney Fees Under the American Rule, each …
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