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Decisions of Interest
Third-Party Statements in Health Care Records Held Admissible in Neglect Proceeding
Statements made to a physician, social worker or mental health care provider while seeking help for a medical condition are admissible hearsay in the context of a child neglect proceeding, Judge Robert Hettleman has held. Matter of A.M., NN-13027-31/13.
The Administration for Children' s Services (ACS) filed a neglect proceeding against Gene M., a man with a long history of mental illness, drug abuse and domestic violence. During a hearing, ACS offered Judge Hettleman plaintiff Gene M.'s in-patient mental health treatment records. Although such records are often admitted without argument in child neglect proceedings, these records contained numerous comments made by third parties, including Gene M.'s wife, his other health care providers and his parents.
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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.