If a jurisdiction is given in a question, I shoot to answer it based on that. For this one, there was no jurisdiction, so I chose New York because it has settled law in this context with a couple of interesting twists. So there is definite answer, just not one that will squarely apply in every single U.S. state and… Read more
This would be very nice in a perfect world - or even an adequate world - where a single person has the time needed to conduct a 50 state (and don’t forget the territories!) survey on statutes and case law for each possible scenario in order to support an article of less than 1,000 words. We do not live in that world. Read more