You would think you cannot have a jury that finds the evidence supporting a conviction “beyond a reasonable doubt” if two of 12 jurors do have doubts. But for a long time, two states (Oregon and Louisiana) have nevertheless allowed for a conviction on 10-2 verdicts. Until now. In Ramos v. Louisiana, the US Supreme Court ruled (a) that the right to a jury trial, which is specified in Article III, Section 2, and yet again in the Sixth Amendment, includes the right to a unanimous verdict and (b) that this federal constitutional right applies to the states. Sometimes the wheels of justice turn slowly.

Thanks to the Estate Planning and Probate Group of Helsell Fetterman for this summary of interesting new options for Washingtonians concerning a somewhat morbid issue – body disposition.

Washingtonians will soon have two new greener options for the disposition of human remains. In May 2020, natural organic reduction (a.k.a. human composting or decomposition) and alkaline hydrolysis (a.k.a. aquamation, green cremation, and liquid cremation) will be legal options for the disposition of remains. While many states already permit alkaline hydrolysis (hereafter, “aquamation”), Washington will be the first state to allow human composting.

Aquamation. Like cremation, aquamation reduces human remains to bone fragments (similar to cremated ashes) that can be returned to family and friends to be scattered or stored. Aquamation uses approximately 10% of the energy that is used for flame-based cremation, with no emissions of mercury, carbon dioxide, or particle matter into the air. Water and an alkali solution of sodium hydroxide or potassium hydroxide (not an acid – on the opposite end of the pH scale from acid) are heated to speed up the decomposition process. After about 3 hours, tissues are dissolved and only bones remain. The water involved in the aquamation process is then either processed like other wastewater or given to farmers to use in agriculture (such as sod farming).
Human Composting. Human composting will reduce human remains to useable soil (a cubic yard – or several wheelbarrows of soil) that can be returned to friends or family to be used in a garden or donated to conservation efforts. Washington State University conducted the initial study to determine if human remains could be safely and effectively composted. The WSU study revealed that the resulting compost smelled like soil (and nothing else), met or exceeded state and federal safety standards (reducing or killing pathogens, soluble metals, and pharmaceuticals), and was unrecognizable as human remains (chemically, microbiologically, and visually).

Recompose, Inc. a Seattle company that sponsored the research at WSU, hopes to open a facility in late 2020 or early 2021 that will feature approximately 75 reusable vessels for human composting. A body will be placed in an aerated vessel and covered with wood chips, alfalfa, and straw (a process that they hope family and friends will be involved with like a memorial service). The vessel creates an environment for naturally occurring microbes and bacteria to compost a body in approximately four weeks. According to its website, Recompose Inc. estimates that a metric ton of carbon dioxide will be saved each time someone chooses organic reduction over cremation or conventional burial.

A San Antonio jury sent a message to Texas and the entire country in delivering a $59.8 million verdict in a crash involving a drunk driver. The case, Armando Guerrero III vs. Nydia Pena, was tried in the 166th District Court in Bexar County. On Tuesday, Judge Laura Salinas converted the verdict into a $60,086,578.32 judgment, to include pre-judgment interest in the case. This judgment cannot be dismissed by bankruptcy (under 11 U.S.C. § 523 – U.S. Code – Title 11. Bankruptcy § 523. Exceptions to discharge (A) 9.)

The crash occurred in May 2016, when the vehicle carrying Thomas J. Henry’s client, 23-year-old Armando Guerrero, III, was struck by a speeding drunk driver who ran a red light on Southwest Military Drive.

Mr. Guerrero suffered facial and abdominal injuries and underwent surgery for a broken jaw, spleen repair, and other injuries.  Article from News.law.

Per News.law, Boeing Co. will pay the families of 346 people killed in two fatal 737 MAX crashes $144,500 each from a $50 million financial assistance fund announced in July, the fund’s administrators said.

The fund, overseen by two Washington lawyers, will begin accepting claims from family members immediately. Family members will not be required to waive or release the right to litigate as a condition of participation. The 737 MAX has been grounded since March after fatal crashes in Ethiopia and Indonesia.

Nearly 100 lawsuits have been filed against Boeing by at least a dozen law firms representing families of the Ethiopian Airlines crash victims, who came from 35 different countries, including nine U.S. citizens and 19 Canadians.

Gregory J. Reigel, recently wrote this very informative article in the LPBA Journal, VOL. XL No. 1, Spring 2018:

Many aircraft owners use a corporation or limited liability company (“LLC”) to register and hold title to their aircraft. Oftentimes, the owners set up their legal entity and then forget about it. Unfortunately, many states require legal entities to file an annual renewal/registration or pay fees to stay “active.” If an entity does not perform the required filing, the entity could become “inactive,” “suspended,” “not in good standing,” or it could be “administratively dissolved.”

Fortunately, in most of those states the entity can be reactivated/reinstated, have the suspension removed, or be placed back in good standing by accomplishing the required filing (and usually paying an associated fee). But what happens to an aircraft’s registration if this business entity holds title to that aircraft? Can the aircraft still be legally operated while the entity is “dissolved,” “inactive” or “suspended?”

According to a recent Legal Interpretation[1]issued by the FAA’s Office of the Chief Counsel, the short answer is “no.” But to understand why the answer is “no,”it is helpful to look at the regulations that govern registration of an aircraft by a business entity.  14 C.F.R. §47.3(a)(3) permits a corporation (or an LLC, which is also treated as a legal entity similar to a corporation) that otherwise meets the U.S. citizenship requirements, to register an aircraft with the FAA. 14 C.F.R. §47.43(a)(3) tells us that an aircraft’s registration is invalid if, at the time of that registration, the business entity applicant was not qualified to submit an application under 14 C.F.R. Part 47.

This means a business entity that did not have legal status at the time it submitted its registration application to the FAA would not have been qualified to submit the application. And by extension, according to the FAA, “a business entity that does not have or has lost legal status in the State in which it has been incorporated is neither eligible to register an aircraft nor operate that aircraft.”

However, whether a business entity has “lost legal status” will depend upon the facts of the situation and also the applicable state law. As a result, the applicable state law must be analyzed to determine the business entity’s true legal status if it is in this situation.  So, how does the FAA find out about an invalid registration? Well, in practical terms this issue usually comes to light during an investigation or an enforcement action.

And if the FAA learns the business entity has lost its legal status and that the aircraft’s registration is therefore invalid, it could pursue enforcement action against anyone who operated the aircraft when the registration was invalid in violation of Section 47.3(b). It could also pursue the business entity owner for failing to return an invalid or ineffective registration certificate as required by Section 47.43(b).

If aircraft owners are going to use a corporation or LLC to hold title to an aircraft, they should not simply create the entity and then forget about or disregard it. Aircraft owners need to make sure they keep up with the required formalities and filings, including payment of fees etc., to ensure their business entity remains active and in good standing.