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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)).
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?