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Tracking Enhanced Earnings AwardsNew York Family Law MonthlyEver since the 1985 landmark case of O'Brien v. O'Brien was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.
Lengthy Crimes, Limited Coverage: Recent Case Law Follows the ‘One Policy Limit’ ApproachThe Insurance Coverage Law BulletinThe recent decisions in Madison Materials, PBSJ, and Hartman & Tyner provide further support for the majority view that coverage for a multi-year crime is limited to one policy period despite successive policies in effect during the crime.
Trademark Dilution: When ‘Minimally Similar’ May Be Similar EnoughThe Intellectual Property StrategistIn Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., the Second Circuit rejected the district court’s determination that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could suffice to support a claim.
MA Recognizes Medical Monitoring Based on Exposure to Cigarette SmokeLJN's Product Liability Law & StrategyThe Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease. The decision will have broad implications for product manufacturers and sellers.
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Age Discrimination in EmploymentThe Corporate CounselorAge Discrimination is once again in the news after a recent ruling by the U.S. Supreme Court on an Age Discrimination Employment Act (ADEA) claim. And why not? In the last ten years, age discrimination claims have risen 61% to over 24,000 claims in 2008, according to Equal Employment Opportunity Commission.
Performing a Litigation Audit on Your Lease AgreementsLJN's Equipment Leasing NewsletterThis article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney’s fees.
Personal Jurisdiction Caught in a WebInternet Law & StrategyEvery day, courts must address questions that from a technical perspective simply make no sense. One of the most basic is: "Where is the Internet?" From its earliest origins, the Internet was designed with a distributed structure; it was designed to make certain the answer to that question would be: "Who cares?" Unfortunately, as is so often the case, the law lacks that kind of flexibility. It requires an answer.
Plug Pulled on Live Video TestimonyLJN's Product Liability Law & StrategySome important factors seem to be impeding a rush toward televised trials. A split decision by a New York appellate court, in the criminal case of People v. Wrotten, amply reflects some of the tensions. While Wrotten is a criminal case, the ramifications of the decision extend to civil litigation and potentially product liability cases. This two-part article will examine those ramifications.
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Circuit Court Says U.S. Tort Claims Must State Damages in ‘Sum Certain’In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
Expert Witnesses: Exclusion of Expert’s Survey ResultsExperts use different methodologies to prove or disprove allegations of similarities between goods. In a trademark dispute over merchandise apparel sales, the U.S. District Court for the Southern District of New York excluded a plaintiff’s expert’s report that relied on a "sequential array" survey method to try to show that the defendants’ merchandise created a likelihood of consumer confusion.
Web Searches As a Litigation ToolIn any lawsuit, the collection of information on a party or witness is of paramount importance. What seems to someone like innocuous information — such as photographs of vacations and daily activities and postings to special interest Web sites — can materially affect the outcome of a case.
Hedge Fund Founder’s Ex-Wife Files Suit Accusing Him of Insider TradingThe ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.
Second Circuit: 502(d) Does Not Apply to Administrative ClaimsIn ASM Capital, LP v. Ames Department Stores, Inc. the Second Circuit Court of Appeals held that § 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
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