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Servicemembers Civil Relief Act Stay
When a U.S. soldier is deployed, or otherwise unavailable to defend his or her rights in a court of law because of military service, the law typically is clear: Proceedings must wait until the service member is sufficiently unencumbered by military duty to be able to prepare and present a case. Often, the delays imposed on court proceedings by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. ” 501-597b, can work a real hardship on the opposing party to the action.
When the action being stayed is a divorce case, is there any recourse for the non-military-member spouse caught in limbo? On most such matters, the answer is probably “No,” at least until the service member's crucial duty is completed. However, one recent decision has opened the door to some limited relief for divorcing parties who may be harmed by a SCRA-compelled delay in the proceedings. In Lawry v. Lawry, 12/2413, NYLJ 1202574550134, at *1 (Sup., MO, Decided October, 2012)(Dollinger, J.), Supreme Court, Monroe County, was faced with a conundrum, but ultimately concluded that although a stay of proceedings is required due to the unavailability of a divorcing military member, that stay need not apply to all aspects of the divorce action.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.