Legal Question in Civil Litigation in New York

Spoosal property at risk in Class Action Suit?

I have been named as a defendant in a Class Action Suit. I am also getting married in several weeks. I am concerned that my future spouse's property (real estate) will be at risk if the plaintiffs are awarded damages after I get married. Is my future spouse's property at risk? What can I do to protect her property?


Asked on 5/27/03, 8:50 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Spoosal property at risk in Class Action Suit?

Simple. Keep it in her name only.

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Answered on 5/27/03, 12:50 pm
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Spoosal property at risk in Class Action Suit?

An integrated strategy is what you want to consider in defense of your lawsuit, something that provides you with an appropriate and aggressive defense coupled with a view to the future if things do not work out.

Typically, individuals get sued in a class action in their capacities as officers and/or directors of corporations. If so, you may have an indemnification from the corporate entity itself or, even better, a "D&O" (directors & officers insurance policy).

If the latter, counsel may be provided for you. In any event, you want to consider someone with class action defense experience.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 6/02/03, 1:56 pm


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