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Decisions of Interest
Reverberations of Hernandez v. Lopez Begin
Nassau County Supreme Court justice Edward W. McCarty III declined to apply the common-law marriage recognition rule ' which generally requires New York State to recognize legitimate marriages performed in other jurisdictions ' in this case in which a retired civil servant sought insurance coverage for his partner, whom he married under Canadian law. Funderburke v. New York State Department of Civil Service, 6186/05. (Sup. Ct.), Nassau Cty. 7/11/06 (McCarty, J.)
Plaintiff, a retired schoolteacher, sought spousal health benefits for his same-sex partner in this suit against the Department of Civil Service and the Uniondale Union Free School District. Plaintiff and his partner were legally married in Canada in 2004. Despite their marriage, Justice McCarty felt he was 'constrained to follow the recent holding of the Court of Appeals in Hernandez v. Robles, ' NY 3rd ' , 2006 WL 1835429,' which found no constitutional impediment to the State's refusal to extend marriage rights to same-sex couples. Although the Court of Appeals in Hernandez v. Robles did not directly address the issue of whether New York would recognize same-sex marriages performed in foreign jurisdictions, Justice McCarty found the ruling unequivocally stood for the proposition that, as far as New York was concerned, plaintiff and his partner were not married. Thus, spousal insurance was unavailable to them.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.