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Wrongful Adoption Suits and Damages
Would-be adoptive parents generally look for a child they think will fit comfortably into their families. The child that will make the 'best fit' is not the same for each family, so potential adoptive parents want a say in who will become a part of their lives. In order to make these choices, those considering adoption usually ask about ' and are told ' any available information on the social and health histories of the child and of his or her family. When this information is withheld, a claim for 'wrongful adoption' may follow.
Wrongful adoption claims have only in recent years been recognized as viable tort actions in New York State. The First Department was the first New York court to recognize the cause of action, characterizing it as 'the extension of common-law fraud principles to the adoption setting.' Juman v. Wise Servs., 159 Misc. 2d 314, 317 (1st Dept. 1995). Thus, adoptive parents seeking to recover damages for wrongful adoption must prove the elements of common-law fraud: 1) that defendant made a representation as to a material fact or concealed a material fact; 2) that such representation was false and known by the defendant to be false, or was made recklessly; 3) that defendant intended to deceive plaintiff and to induce the plaintiff to act upon the misrepresentation; 4) that plaintiff justifiably relied upon the statement; and 5) as a result of such reliance, plaintiff sustained injury. Orbit Holding Corp. v. Anthony Hotel Corp., 121 AD2d 311; Lukowsky v. Shalit, 110 AD2d 311. Plaintiffs must also file within the 6-year statute of limitations deadline set by CPLR 213 (8), or if they did not discover the fraud until later, file within 2 years from the time the fraud was discovered or should have been discovered (CPLR 203 (g)).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.