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Litigation

  • Issues relating to one's child or children, whether in an intact family or not, can often present difficult challenges. Typically, the challenges faced by separated parents have the potential to get significantly more complicated than those faced by intact families.

    December 28, 2011Jonathan T. Hoffmann
  • None of those who have written on the subject of performing parenting evaluations has asserted that the task is an easy one. There has, however, been broad agreement among writers in the mental health fields, and reasonable clarity in law, concerning the objective that evaluators should endeavor to meet.

    December 28, 2011David A. Martindale
  • Under the provisions of the FTCA, an action may not be instituted upon a claim against the United States for money damages caused by the negligent act of any federal employee acting within the scope of his employment, unless the claimant first presents the claim to the appropriate federal agency and the claim is finally denied by the agency in writing and sent by certified or registered mail. If the agency fails to make a final disposition of the claim within six months after it is filed, the claimant may deem the claim denied.

    December 28, 2011Jack Wurgaft
  • Last month, we discussed the fact that the limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. The discussion continues herein.

    December 28, 2011Janice G. Inman
  • Recent rulings of importance to your practice.

    December 28, 2011ALM Staff | Law Journal Newsletters |
  • Review of two key cases.

    December 28, 2011ALM Staff | Law Journal Newsletters |
  • New York courts continue to hold that caveat emptor ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the caveat emptor doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.

    December 28, 2011Stewart E. Sterk
  • What happens when a U.S. company's trademark is misused on the Internet outside of the United States? Short of litigating in that country, is all hope lost in addressing the problem? With the Internet and its global reach, even minor abuses are easily found and can cause real problems for a brand owner. Given the obvious jurisdictional roadblocks that exist in litigating in the U.S. against a foreign person or entity, there are some practical tactics that could prove useful in addressing and preventing this type of problematic behavior.

    December 27, 2011Richard E. Peirce
  • Judge Denies Recusal Request in Marley Family Royalties Dispute Against UMG
    UK Judgment Against U.S. Videogame Distributor Is Valid in Virginia

    December 27, 2011Stan Soocher