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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.
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.
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.
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.
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?
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."