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Features
Opponents of fracking have presented some concerns about potential health effects from fracking and its byproducts. Whether those health concerns are legitimate and who would be responsible for adverse health effects is of interest to the plaintiffs' bar.
Features
A year ago this month, the American Psychological Association (APA) published a revised and updated set of guidelines for the practice of forensic psychology. This document represents a substantial and long-awaited improvement over the prior set of guidelines, especially with respect to its breadth and clarity.
Columns & Departments
Not All Hedges Are <i>De Minimis</i> for Adverse Possession Purposes <br>Adverse Possession of Mapped Streets<br>No Punitive Damages Against Title Insurer
Features
Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.
Features
When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.
Features
In the first part of this article, we began discussion of the "open court" exception to the Equitable Distribution Law's requirement that, to be enforceable, matrimonial agreements made before or during a marriage must be reduced to writing, subscribed by the parties and acknowledged or proven in the manner required to entitle a deed to be recorded. But <i> Dolgin</i> and its progeny, make clear that the "open-court" exception applies only where an agreement, despite being oral, is nonetheless recorded in an official manner.
Features
Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril.
Features
How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.
Columns & Departments
Tenant Did Not Breach Obligation to Use Reasonable Efforts <br>Fraud Allegations Require Investigation Beyond Four-Year Period
Features
Model Standard 4.6(b) of the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation urges evaluators "to utilize and make reference to pertinent peer-reviewed published research in the preparation of their reports." If I were to assert that research shows that more evaluators are citing research in their reports, I would expect to be asked what research I am alluding to. There is none.