Legal Updates
Everyone has an estate plan—Did you design it, or are you leaving it up to the legislature’s statutory scheme?
by Shaina Case The answer to the question of whether you have an estate plan may not be that easy. Approximately 65% of the United States’ population has not sat down with their estate planning attorney, financial advisor, and/or accountant to discuss implementing an...
Evaluating Your Company’s Sexual Harassment Policy
For the past few months, allegations of sexual harassment seem to be levied almost daily against politicians, celebrities, corporate officers, and others in positions of power. While the news coverage focuses on the famous, the issue can rear its ugly head in any...
The Wyoming Uniform Transfer to Minors Act Gets an Update
On July 1, 2017, Wyoming adopted significant changes to the Wyoming Uniform Transfers to Minors Act (UTMA). The UTMA was enacted in 1987 as a replacement of Wyoming’s previously adopted Uniform Gifts to Minors Act, and remained virtually untouched prior to the...
Mincer Appointed to Civil Rules Committee
Richard Mincer was recently appointed to the Civil Division of the Wyoming Permanent Rules Advisory Committee. Members are appointed to two-year terms by the Wyoming Supreme Court. The purpose of this committee is to propose and enact rules pertaining to trial...
Wyoming Supreme Court Issues Decision Upholding Alternative Dispute Resolution Agreement Entered Into by Nursing Home Resident.
On October 12, 2017, the Wyoming Supreme Court issued its decision in Kindred Healthcare Operating, Inc. v. Boyd, 2017 WY 122 (Wyo. 2017). The court held that an alternative dispute resolution (ADR) agreement signed by the decedent’s representative was valid and...
Hirst Applegate congratulates Rob Jarosh on his election as President of the Wyoming State Bar
Hirst Applegate congratulates Rob Jarosh on his election as President of the Wyoming State Bar. Rob has been a member of the firm since 2003 and served as Managing Partner from 2008-2016. We are excited that Rob will put his leadership, vision, and skills to work...
Hirst Applegate Risk Management Plan Updated
Earlier this year Hirst Applegate initiated a review of its Risk Management Plan. After months of researching the best practices for law firms, reviewing the various Wyoming rules applicable to attorneys, and reviewing the firm’s practices, Hirst Applegate adopted a...
The Qualified Immunity Defense to Individual Liability under 42 U.S.C. § 1983.
42 U.S.C. § 1983, originally enacted as part of the Civil Rights Act of 1871, provides a remedy to persons whose Federal constitutional or statutory rights have been violated by those acting under color of State law. A defendant who is sued in his individual capacity...
Supreme Court Issues Order on Real Estate Professionals Committing Unauthorized Practice of Law
On April 4, 2017, the Wyoming Supreme Court issued an Order Approving Consent Agreement confirming and adopting the Wyoming State Bar Unauthorized Practice of Law Committee’s (“Committee”) Consent Agreement in the matter of Razor City Realty, Kevin Beck (Responsible...
Hirst Applegate Wins Summary Judgment in Wrongful Death Action
Partner Khale Lenhart recently obtained summary judgment on behalf of a trucking company and two drivers involved in a wrongful death action. The lawsuit arose out of a motor vehicle accident where a motorist left the lane of travel and struck the rear of a...