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Post-Divorce Torts Not Always Barred
In the 1988 case of Buronow v. Buronow, 71 NY2d 284 (1988), the Court of Appeals set out the basic rule that issues relating to marital property must be decided within the matrimonial action. If they are not, the doctrine of res judicata steps in to bar a later suit over subjects that should have been adjudicated. This maxim has caused consternation to some over the years but, by and large, it was fairly easy to understand and follow. Its purpose was to finalize all aspects of spousal litigation as expeditiously as possible in order to preserve judicial resources and prevent divorcing parties from being compelled to take part in never-ending controversies.
In 2004, however, the Second Department, in a decision barring a woman's suit in tort against her ex-husband for alleged battery during their marriage, took the rule of Buronow to a new extreme by holding that she could not recover in tort post-divorce because she could have litigated the issue within the matrimonial action. Chen v. Fisher, 12 A.D.3d 43 (2d Dept. 2004). The Court of Appeals in December reversed, aligning a split in the judicial departments and clarifying when tort actions can and cannot be brought against a former spouse for injury suffered during a marriage.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?