Litigation

We continue herein our discussion of New York's public policy and its effects on the validity of separation agreements.

Since adult children are not statutorily entitled to support from their parents, the primary legal question to be answered when a parent residing in New York learns of the existence of a previously unknown child is, "What rights, if any, do such offspring have in their parent's estate?"

The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."

Analysis of recent key rulings.

An interesting look at ongoing litigation.

In MasTec Advanced Technologies, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.

In Lothian Oil, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.

Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").