Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Challenging the Forensic Psychiatrist's Report
Some courts have indicated a willingness to reject the recommendation of neutral forensic experts, weighing the evidence on their own to make a custody determination.
For example, courts have rejected neutral expert testimony they have found unpersuasive in favor of other experts who testified in the case. In State ex rel. H.K. v. M.S. 187A.D.2d50, 592 N.Y.S.2d708 (1st Dept 1993) the First Department rejected various expert testimony it determined to be not credible. There, the parties had agreed on joint custody, the mother having physical custody and the father exercising daily visitation. Due to circumstances not relevant here, the parties ended up in a custody dispute that resulted in a long trial. In affirming an award of sole custody to the mother, the appellate court noted that the trial court was free to reject the recommendation of the court-appointed neutral expert, as well as experts who testified on the father's behalf, and credit the mother's experts. The court, in determining that the mother was a more fit parent, noted that the expert testimony rejected by the court was “seriously undermined on cross examination.” See also, Merl v. Merl, 128 A.D.2d 685, 513 N.Y.S.2d 184 (2d Dept. 1987) (court rejected court-appointed expert's recommendation with regard to custody in favor of the recommendation of the psychiatrist for one of the parties who had treated both parties and their child, to various degrees, for 8 years).
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.