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For people who take a medication, the warnings that comes along with it are the most important protection they have from harmful side effects. New information emerges every day about drugs and its potential side effects. Under the current Food and Drug Administration regulations, getting a proper warning included with drug information is harder than it should be for makers of generic drugs, and the Food and Drug Administration is considering steps to fix that.Since November 2013, the FDA has been considering new rules for generic drugs that would allow manufacturers to expedite the process of revising labels to add warnings or information that is critical for consumers taking these drugs. This can include updating dosage amounts, safety and efficacy information.Under the current rules, generic drug manufacturers must follow the warning labels provided by the brand name drug.  The proposed changes would allow generic drug manufacturers to change the warning labels on drugs if new information is discovered regarding dangerous side effects of the drug.The FDA plan is called Supplemental Applications Proposing Labeling Changes for Approved Drugs and Biological Products. The FDA recently accepted public comments about this change and held a public hearing on it. The American Association for Justice supports this change to allow generic drug manufacturers to update information packaged with their products. AAJ's comments to FDA are available here. Read More

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLPIn fundraising and higher education circles, the imminent closure of Sweet Briar College in rural Central Virginia has been much-discussed. This small, women-only college has existed for nearly a century and has educated generations of women. But enrollment has declined and school’s board of trustees announced that this year’s graduating class in May will be its last.One alumnae, Teresa Tomlinson, the mayor of Columbus, Georgia, noted that she had told college officials she was going to leave $1 million to Sweet Briar in her estate, and they greeted her news graciously and pleasantly, full of thank you’s and personal notes --- and then announced two weeks later the school was closing. The mayor said she was baffled why school officials didn’t disclose this to her when she told them about the gift.Even if the school changes course again and decides to remain open, those who were going to leave money to the college are probably going to be reluctant to do so again. But what would happen if Sweet Briar College was to receive a gift but then the college closed and the will could not be changed?This happens from time to time with colleges, non-profits and other organizations that are likely to receive bequests from alumni and supporters. The foundation you wanted to support could have merged, changed its goals, re-branded as something else entirely or simply shut its doors. Then what? Read More

Car wrecks occur every day by the thousands. Sometimes they’re slight fender-benders, but other times these accidents cause injuries that can impact the quality of life of those involved.Having a plan in place if you’re involved in a car wreck can help you if you are not severely injured. Talking through your plan with your family can prepare you and is an excellent step to take.We’ve outlined eight steps we would tell any clients to take if they are involved in an accident.If anyone in your vehicle is injured and needs immediate medical attention, call 911 as soon as you can. It’s important to get an ambulance headed your way as soon as possible, particularly if you are in a rural area. This can take time, as can the ambulance ride to a medical center, and time is your greatest enemy when you’re injured.If you or someone in your vehicle is severely injured, the rest of this list doesn’t matter. Nothing is more important than getting them the help they need to survive and recover. Read More

In our last post, we discussed how divorce affects an estate plan. A thorough review of all estate documents is critical post-divorce to ensure you’ve covered every conceivable scenario and changed every document necessary. Allowing an attorney to do that review for you is always in your best interest, as attorneys have a keen eye for details and wording that may escape even a close reader who does not have legal training.Taking this matter one step backwards, though, we’re examining annulment versus divorce in this post. While both lead to the same conclusion – you’re no longer married – these two scenarios have very different consequences when it comes time to pay taxes.Both parties may file as married at tax time if they were still legally married at the end of the calendar year. Options include filing a joint tax return, as many married couples do, or checking the married but filing separately box. Read More

Hardly anyone goes through the process of putting together a comprehensive estate plan with the intentions of getting divorced from their current spouse thereafter. It is, however, a fact of life that becomes reality for a large portion of society. Divorce can affect more than just a person’s emotions and wallet. Here is a brief overview of the effect of divorce on your estate plan.The WillIn Kentucky, a divorce or annulled marriage “revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator or guardian, unless the will expressly provides otherwise.”  KRS 394.092.  The statute goes on to provide that property that would have passed to the former spouse by will now passes as if the former spouse predeceased the decedent.  Put simply, Kentucky law basically “removes” the former spouse from your will, unless you expressly provide otherwise. Read More

Having a child can be exciting (and stressful).  Probably the last thing you might think to do when having a child is to update an estate plan, but it’s absolutely necessary.  Here are 6 things to consider when you have a child. Read More

The Tennessee Court of Appeals in Nashville has upheld a choice of law provision that was included in an auto insurance policy. In Williams v. Smith, a couple and their young child were injured in a Putnam County, Tennessee car wreck that was caused by another driver. The accident was a head-on collision. At the time of the accident, the couple was headed east in a vehicle they borrowed from a North Carolina couple. Although the vehicle was registered in North Carolina, the owners of the vehicle secured liability insurance in Missouri in order to cover their college-age daughter while she was away at school. The accident policy included a Missouri choice of law provision and included uninsured motorist coverage of $50,000 per person and $100,000 per accident. The policy did not include underinsured motorist coverage because it is not required under Missouri law.The driver who caused the Tennessee car wreck carried the minimum liability limits of $25,000 per person and $50,000 per incident as required by Tennessee law. Following the crash, the hurt family sought additional damages from the company that insured the vehicle they borrowed in a Tennessee court. Although the accident occurred in Tennessee, the issue in the case surrounded whether North Carolina or Missouri law applied to the insurance dispute. Since North Carolina requires a driver to carry liability coverage of $30,000 per person and $60,000 per accident, the at-fault motorist would be considered an uninsured motorist under North Carolina law. If, however, Missouri law controlled, the man was simply an underinsured motorist, and the family was not entitled to collect additional benefits. Read More

Many elderly clients feel the need (and rightfully so) to plan for the protection of their home from creditors, including government interests, during their elder years and after their death. It is too often forgotten the planning tools available that provide benefits now rather than later. In line with our recent posts regarding… Read More

Many people collect all kinds of things, and these collections come to hold tremendous sentimental and in some cases monetary value. As people age, they begin to think about who they would like to have certain items or entire collections, and sometimes, bold relatives or friends suggest they'd like to receive something special to remember you by. Gifts and promises of gifts are also made to honor a special relationship.These type of collections can cause significant arguments after you are deceased. The best way to avoid such disputes is to clearly specify in writing exactly who is to receive what items. Verbally telling a relative or friend what you would like for them to have upon their death, and giving away significant items while you're still living, causes confusion and prompts some to get greedy.It's the last thing anybody wants after they're gone.  Read More

In an unpublished opinion, a couple was apparently injured in a Warren County car accident case that involved three vehicles. According to the couple, they were hurt when their truck was struck from behind by a minivan that was rear-ended by another car while stopped at a traffic light. As a result of their harm, the couple filed a personal injury lawsuit against the driver of the minivan and the car operator in Warren County Circuit Court.Prior to trial, the couple resolved their claims against the driver of the car through mediation. Because of this, the motorist did not participate in a subsequent jury trial between the couple and the minivan driver. Still, jurors were provided with apportionment instructions related to both the minivan operator and the car driver at the close of trial. Following trial, the jury issued a verdict stating the driver of the car breached his duty to maintain reasonable control of his vehicle. In addition, the jury absolved the minivan operator of liability. The Warren County Circuit Court then issued a final judgment dismissing the couple’s complaint against the minivan driver. Read More