Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Same-Sex Spouses Cannot Bar Paternity Suit, Says Court
Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage. Judge Kohout said that while state Domestic Relations Law prohibits discrimination against same-sex married couples, it does not require the court to “ignore the obvious biological differences between husbands and wives.”
No Presumption of Legitimacy for Same-Sex Partners' Child
As described in the ruling, the biological mother, Ms. C., met Ms. S. in 2008, and they moved in together in 2009. They were married on Nov. 22, 2010. During the women's marriage, Ms. C. was also conducting an on-again, off-again sexual relationship with petitioner Mr. M. The baby girl J.C. was born in March 2013. Mr. M. saw the child two times after her birth, but was not allowed visits with his daughter after November 2013. Ms. C. testified that she was not artificially inseminated and said that the only male with whom she had sex was the father. She acknowledged that Mr. M is J.C.'s biological father.
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.