BMW makes some nice cars, however a recent post on DailyFinance.com details a products liability issue that owners should be aware of.  At issue are certain models’ high-pressure fuel pump (HPFP), a device that ensures that the engine is stocked with healthy supplies of gasoline to fire the cylinders.  A faulty HPFP leads to erractic engine performance or even total shutdown, which if you’re on the highway (or driving for that matter) can be very dangerous.  The National Highway Traffic  Safety Administration’s (NHTSA) Office of Defects Investigation is collecting data and testimonials for now.  No recall has been issued, but rest assured BMW hopes to avoid being cast in Toyota’s now infamous role.

If you or a loved one have been injured in an accident, hurt on the job, or harmed by faulty or defective products, call the personal injury attorneys at The McKellar Law Firm today for your FREE Consultation at (865) 566-0125.

Summer is in full swing and people are beating the heat by hitting the lake.  With more watercraft in action, accidents are more likely to occur. Click here to learn the rules.  The following is an example of what happens on Tennessee lakes every weekend, courtesy of the The Knoxville News-Sentinel:

RUTLEDGE – Tennessee Wildlife Resources Agency is investigating a Sunday accident on Cherokee Reservoir in which two personal watercraft collided, resulting in injuries to a 21-year-old Lexington, Ky., man.

According to Allen Ricks, TWRA wildlife information specialist, Joseph W. Lucas and Travis T. Hampton, 19, of Thornton, Ky., were riding the watercraft on the Grainger County side of the reservoir about 7 p.m. Sunday.

They collided near Olen Marshall Bridge, according to TWRA.

Lucas suffered leg injuries for which he was taken to Lakeway Hospital in Morristown.

If you or a loved one have been injured in an accident or hurt on the job, call the personal injury attorneys at The McKellar Law Firm for your FREE Consultation at (865) 566-0125.

Judge Orders Rangers Manager to Win World Series – Bankruptcy Beat – WSJ

Bankruptcy Judge D. Michael Lynn handed down a hefty order to Texas Rangers manager Ron Washington when the skipper appeared Thursday to testify in the team’s bankruptcy case: Bring a World Series trophy back to the Lone Star state.

“I’ve directed that you win the pennant and the world championship,” said the Fort Worth judge, who made no attempt to hide his affection for the hometown Rangers.

Lynn said he suspected his order wouldn’t carry the same weight as Washington’s coaching in the dugout, but the manager disagreed.

“It will,” Washington said. He went on to thank the judge for his support of the team.

Washington was called to testify about how an extended stay in bankruptcy would affect the Rangers.

The first-place team’s morale is “unbelievably good” at the moment, Washington said, but he said that could change if uncertainly over ownership drags on and casts doubt over the club’s ability to renew players’ contracts or provide Major League amenities.

Lynn sought to assure Washington about the team’s finances and invited the manager and his players to come to the court with any concerns.

“The finances needed for this team to complete as well as they have will be available — I want the players to understand that,” Lynn said. “We won’t change you from (traveling in) a jet to a school bus.”

Dotcom tycoon ordered to hand over £7m divorce pay-out by Appeal Court judge | Mail Online

By Daily Mail Reporter
A Polo-playing dot com tycoon was today ordered by an Appeal Court judge to hand over half his £14milion fortune to his ex-wife.

Robert Jennings, whose healthcare information website, Mediconsult.com, made him rich, applied to the Appeal Court to slash the £7million divorce payout claiming it left him facing millions of pounds of debt.

But Lord Justice Thorpe said there was no reason why the court should be ‘burdened’ with his complaints.
The Jennings’s stately Saddlewood Manor home is on the market for £4.5million

The Jennings’s stately Saddlewood Manor home is on the market for £4.5million

When High Court judge Mr Justice Charles awarded the cash to Sarah Jennings in March, he slammed her husband’s ‘flagrant, persistent and consistent’ failure to fully disclose the extent of his wealth and ordered that the assets to be divided between the couple were worth nearly £14million.

He split that sum down the middle, ordering Mr Jennings to pay his ex-wife £7million by September 1 this year. He was also told he must pay her over £200,000 ayear in maintenance until the money was handed over.

The Gloucestershire mansion, Saddlewood Manor in Leigherton, Tetbury, is currently being marketed by Mrs Jennings for £4.5million and she can keep whatever she gets from the sale, after the mortgage is paid off, as a down-payment on the £7million her ex-husband owes her.

Philip Moor QC, for Mr Jennings, told the Appeal Court the couple had enjoyed a millionaire lifestyle of polo ponies, dressage horses, a private plane, expensive school fees for their three sons, along with other ‘extravagant expenditure’.

They had, he said, burned their way through about US$10 million in ten years.

At the time the marriage was breaking down in 2007, the QC said, ”he worst recession for decades hit hard’ and wiped out much of the value of the couple’s shares and properties, including luxury homes in Spain and Canada.

He said the couple had been living ’significantly beyond their means’ and all that was left of their assets was now worth only around £4.3million, including the equity in Saddlewood Manor – a far cry from the £14million assessed by the judge.

He told the Appeal Court Mr Justice Charles had ‘erred’ in not rejecting Mrs Jennings’ case that her ex-husband had approximately £9.5million in ‘undisclosed’ assets.

Lord Justice Thorpe, sitting with Lord Justice Elias, said of the £7million lump sum: ‘Of course it’s a stiff order’ – but went on to refuse Mr Jennings permission to appeal against it.

Describing it as what would generally be regarded as a ‘big money’ case’, he said the judge had found ‘flagrant, persistent and consistent’ failures on Mr Jennings’ part to comply with his duty of full and frank disclosure.

Arguments that the falling value of Saddlewood Manor – once valued at £4.9million – is having an unfair effect on Mr Jennings ‘did not even begin’ to justify a full Appeal Court hearing, he said.

For a free consultation on any family law issue, please contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC at (865) 566-0125.

Boris Berezovsky in ‘£100m’ divorce battle – Telegraph

Boris Berezovsky, the Russian oligarch, will divorce his second wife Galina today in what could be the costliest marriage split in British legal history.

The exiled businessman, who will not contest the case at the High Court, is reportedly expected to pay his second wife anything up to £100 million, which would be more than double the previous record of £48m.

Mr Berezovsky and his wife have been married for 18 years, though they have been separated for the last 16. Mrs Berezovsky lives in London with the couple’s two teenage children, while he lives in Surrey with his girlfriend of 15 years, Yelena Gorbunova, with whom he has another two children.

Mrs Berezovsky, who hired the law firm Mishcon de Reya to negotiate a divorce settlement, is reported to have been seeking a quarter of her husband’s fortune, which was once estimated at £1 billion but is now thought to be far less.

The couple met in 1981 when Mr Berezovsky, 64, was a professor of mathematics in Moscow earning £60 a month. He later set himself up in business as a car dealer, founding the first Mercedes dealership in the old Soviet Union, then became one of the original Russian oligarchs when President Boris Yeltsin sold off state assets to favoured supporters for a fraction of their value.

He married Galina after divorcing his first wife, Nina, with whom he has two further children, but his second marriage hit trouble after only three years and the couple separated.

Mrs Berezovsky, 51, is reported to have filed for divorce after becoming irritated at reports describing Miss Gorbunova as the oligarch’s “wife”.

Mr Berezovsky was sentenced to six years imprisonment in his absence in Moscow after being found guilty of fraud, having been granted political asylum in 2003 when Russia applied to have him extradited. He has since accused the Russian prime minister Vladimir Putin of being behind a plot to assassinate him.

Lord Bell, Mr Berezovsky’s spokesman, has confirmed in the past that the businessman was “negotiating a divorce settlement” and intended to marry Miss Gorbunova once the divorce was finalised.

The current record for a divorce settlement in a British court is the £48m awarded by the High Court to Beverley Charman, the former wife of the insurance millionaire John Charman, in 2006.

For a free consultation, contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC at (865) 566-0125.

A recent article in the Knoxville News-Sentinel underscores a dangerous aspect of modern transportation, the railroad crossing.

After 31 years as a Norfolk Southern Corp. train engineer, B.L. Inman has seen too many train accidents.

When he hits the emergency brakes of a train engine car in hopes of avoiding a pedestrian or automobile at a railroad crossing, he says he has done all he can.

“After I hit the emergency brake, it’s all in God’s hands,” he said.

State sponsored Operation Lifesaver teamed with Norfolk Southern to help educate area officials about railway safety early Wednesday morning.

Operation Lifesaver, which is sponsored by 22 states nationwide, is an “international, nonprofit organization education and awareness program dedicated to ending tragic collisions, fatalities and injuries at highway-rail grade crossings and on railroad rights of way.”

Skip Stigall, superintendent for Norfolk Southern’s Knoxville terminal, said the program helps to educate the public about the dangers of breaking the law.

“We’re trying to give people an idea of what train crews go through every day,” he said. “These are dangerous situations the public puts us in when they violate the laws.”

Local law enforcement and railway officials had the opportunity to ride a three-car train consisting of two passenger cars and an exhibit car to learn what engineers like Inman encounter on a daily basis.

Before riding, passengers had the opportunity to tour the exhibit car, which was an interactive learning station on train tracks. Passengers could test their engineering skills on a Norfolk Southern engine car simulator, which guided them through real world examples of what train engineers face daily, see what the hub of a railway terminal looks like, and read about the history of Norfolk Southern.

During a nearly five-hour ride, passengers also had the opportunity to see what engineers see through a camera mounted on the train’s engine car. Stigall said while they traveled, passengers would witness citizens breaking the law, and local law enforcement were waiting to issue violators citations.

Inman said informing the public of his job and daily duties helps avoid what could be a fatal collision.

“Taking this engine versus a soda can would be the same as this engine and your car,” he said. “We can’t stop on a dime. We’re not like an automobile.”

According to 2009 Federal Railroad Administration statistics, Tennessee ranked 10th nationwide in highway-rail grade crossing collisions with 55.

Inman attributes the statistic to people not knowing how long it takes a fully loaded train, which travels about 50 mph and weighs around 16,000 tons, to come to a complete stop.

“When I throw on the brake, it takes a minimum of a mile for this train to stop,” he said.

Nash Armstrong may be reached at 865-342-6336.

If  you or a loved one have been injured in a collision with a train or other vehicle, call the personal injury attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.

Mexican Tourism Company Files for Bankruptcy in U.S. – Bankruptcy Beat – WSJ

A Mexican provider of tourism services at a beachfront hotel in Cozumel filed for Chapter 15 bankruptcy protection Tuesday.

Cozumel Caribe SA blamed its bankruptcy filing on the “drastic” drop in foreign tourists visiting the Hotel Park Royal Cozumel, from where the company operates.

“The recent world recession and crisis in the Mexican tourism sector has brought about a reduction in the flows of cash required to cover the costs and expenses of operating tourism-related businesses,” Agustin Garcia Bolanos Cacho, chairman of Cozumel Caribe’s board of directors, said in court papers.

The crisis Cacho was referring to includes the devalution of the Mexican peso, he said, as well as last year’s H1N1 flu epidemic. Cacho also noted that more tourists were staying home in light of rampant drug violence, the topic of many recent U.S. news reports.

The company said that although it took such emergency steps as reducing its staff and operating costs, negotiating better trade conditions with its suppliers and trying to create new business plans, it found itself strapped for cash when its lenders decided to withhold funds.

According to Bloomberg, Cozumel Caribe reported more than $100 million in debts and assets of more than $10 million in its bankruptcy petition, filed with the Manhattan bankruptcy court.

Mortgage Options While Going Through a Divorce | Loans – Credit – Debt – LoanSafe.org

Homeowners who are going through a divorce have a lot of things that need to be taken care of before they separate. If both husband and wife are on a home mortgage together, than the home and loan issues need to be addressed right away. Even if in your divorce decree it says that the other spouse is to take care of the home and mortgage payments, it is crucial that you realize that this will not remove your liability from the obligation. When you both agreed to the mortgage and signed the loan documents, you both agreed to be held responsible for the repayment of the loan.

To remove one spouses liability from the mortgage, the property will either need to be sold, transferred/deeded or the mortgage refinanced or assumed. One can always choose to keep themselves on the mortgage, but this is a risky position if the other spouse happens to default on the loan. In this article we will briefly help you understand your options during these hard times.

Quitclaim Deed or Interspousal Transfer Grant Deed:

A quitclaim deed is a document that transfers any interest in a property from one person to another another person. A quitclaim deed can be utilized to transfer a home from one spouse to another, but an interspousal transfer deed may be better for this type of situation. But please keep in mind that they both cannot release your mortgage debt obligations on the home. A quit claim deed may prevent an ex’s heirs from claiming his shares after his death which can be avoided through an interspousal transfer deed.

A interspousal transfer grant may be the best option in a divorce situation. This makes it simple to transfer property from one spouse to another and also to change community property into separate property. The process is similar to that of a quit claim deed. You will need to sign these together with a notary and you may want to get the assistance of an attorney to make sure it is filled out correctly.

In the case of a Interspousal transfer deed, you can add your spouse to the deed later by going to your county recorders office and adding them on title.

But please keep in mind, that once you all sign the deed, this does not get rid of your mortgage contract. You are still obligated to pay by law.

Sell the Property

Generally, one of the easiest and most effective ways to get both spouses name off the mortgage and to remove liability from the debt is to sell the home. You can use the sale to help pay off the existing mortgage, and any left over proceeds can be split between both parties. It may be a better option to attempt to sell the home before the divorce is complete to help avoid any future problems over the sale price. Additionally, this benefits both parties because neither will have to worry about the other spouse managing the monthly payments, maintaining the household, or paying property taxes and insurance.

One spouse refinances the home into their name only

Having one spouse refinance the mortgage into their name only is another very effective way to remove one’s liability from the mortgage. During this event, usually the spouse that wants to keep the property will pay off the other spouse’s equity share while refinancing the loan into solely their name. Many professionals suggest signing a quit claim deed to extinguish any rights the other party has to the home.

It is crucial that you make sure the home is only refinanced into one spouses name. This will ensure that the spouse who did not keep the home is safe in the event of a default or foreclosure on the property.

If you divorce is not yet complete and you have already decided who will be keeping the property, its a good idea to include in your divorce decree who will be refinancing the mortgage. This way you can prove that both parties have came to an agreement as to who will be taking over the home and mortgage payments.

One spouse assumes the mortgage

A divorce mortgage assumption is one option that is not brought up all that often. One main reason why is because not all mortgages are assumable, and even if they are, many mortgage lenders tend to be hesitant to do so. Therefore, your only way to find out is to call your lender and see is this option is open.

If the mortgage lender will allow one party to assume the loan, you will begin the process by completing an assumption agreement and a release of liability. The bank will also require your financial documentation to determine whether or not the mortgage can be handled based off one borrower’s income. If you do meet the requirements, you may also have to provide a copy of your divorce decree and quit claim deed. Generally, if the assumption is approved one spouse will receive a release from liability.

For some homeowners going through a divorce an assumption may be a good option (if your loan allows you to do so). While there may be a few fees that come along with this event, they are usually much less than the fees that will come with refinancing the mortgage.

Please contact your local Knoxville divorce attorney today for a free consultation at The McKellar Law Firm, PLLC at (865) 566-0125.

An East Tennessee woman recently rammed her Ford Explorer into a house, injuring an occupant in the process.

CLEVELAND, BRADLEY COUNTY (WRCB) – Cleveland Police say a woman had been drinking, when she crashed her car into an apartment last night.

It happened around 9:30 p.m. Monday off Charwood Trail.

As Channel 3 Eyewitness News was first to report, police say Alisha King was intoxicated when she got behind the wheel with a minor in the car.

She backed up from across the street and rammed into this house, according to authorities.

The residents say they were watching TV when the car plowed through the wall and pinned a 22-year-old under the car. He was taken to the hospital, and the driver was arrested.

If you or a loved one have been the victim of a crime or been injured in an accident, call the personal injury attorneys at The McKellar Law Firm today for your FREE Consultation, at (865) 566-0125.

British Columbia eyes family law reforms – CTV News

VICTORIA — The B.C. government is proposing broad family law changes it hopes will discourage domestic violence while encouraging separated and divorced couples to settle disputes outside the courtroom.

After a four-year review of its Family Relations Act, the province released draft legislation Monday as part of a 180-page discussion paper.

It marks the latest effort to change how the province deals with legal disputes involving separating couples and domestic violence.

The proposed legislation — which would be called the Family Law Act — aims to discourage couples from seeing the courts as the first stop in resolving a dispute, instead calling for more options to resolve conflicts through co-operation and mediation.

The government hopes a less adversarial system will reduce the stress that comes with a divorce or separation, which is something the province’s attorney general notes is associated with an increased risk in domestic violence.

“There is nothing more emotional than the breakdown in a relationship, and you can amplify that statement when children are involved,” said Attorney General Mike de Jong.

“What you see is an attempt to provide a route to resolution that is less adversarial and less likely to invoke unpredictable emotional responses.”

Domestic violence is also at issue in how the law would settle custody battles.

The proposed legislation makes the best interests of the child the only consideration when it comes to settling parenting disputes, including asking children for their views.

Those best interests will now include a history of family violence, how children have been cared for in the past and whether there have been any civil or criminal proceedings relevant to their safety.

“It (domestic violence) goes from being a factor that was always given consideration to being explicitly set out statutorily in a case where there does need to be court intervention,” he said.

Domestic violence has been under a microscope in British Columbia since a horrific murder-suicide in Victoria in 2007, when Peter Lee killed his six-year-old son, his wife and her parents before finally killing himself.

There have been several reports since, including a coroner’s report and another from a government panel into domestic violence calling for changes, including fast-tracking domestic violence cases through the courts and ensuring better co-operating between police, the justice system and government departments.

The changes announced Monday also follow amendments last year to the rules governing civil and family cases designed to make it easier for ordinary citizens to access the courts.

Those included eliminating filing fees for parties that use mediation, limiting the exchange of documents that aren’t directly relevant to a case, and three days of free trial time.

Other proposed changes in the document released Monday include:

– Extending property rights for common-law couples who have lived together for two years or have children.

– Outlining how to determine a child’s legal parents when reproductive technologies are used.

– Removing adversarial language in the law by replacing terms such as custody and access to “guardianship” and “parenting time.”

The proposed changes will go to public consultation in the coming months prior to coming up in the legislature some time next year.

Please contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC at (865) 566-0125 for a free consultation.