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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).
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.