A recent decision by a New York appellate court may have converted New York into a community property state. Johnson v. Chapin, 350749/01, NYLJ March 17, 2008, p. 25 col. 1.
July 31, 2008Leonard G. Florescue
Justice is served best when both parties have all the information they need to support their position. Consequently, in the author's opinion, attorneys should be able to review psychological test data. He supports that right for several reasons discussed in the article.
July 31, 2008David A. MartindaleThe U.S. Supreme Court's recent decision in Hall Street Associates, L. L. C. v. Mattel, Inc. had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
July 31, 2008John WilkinsonElectronically stored information ('ESI') is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in Victor Stanley, Inc. v. Creative Pipe, Inc., et al.
July 31, 2008Joshua Horn and Beth L. DomenickThe court's refusal in Johnson & Johnson v. Karl, to recognize the learned intermediary doctrine and rejection of it wholesale lacks a sound basis. It is a legal aberration that warrants a prompt legislative response to codify the learned intermediary doctrine in West Virginia.
July 31, 2008Diane E. Lifton and Michelle M. BufanoFranchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors ' whether fairly or unfairly. A 20-year veteran of the franchising industry who participated in the startup of more than 100 franchises concepts, Kelly started a series of franchise-related blogs in November 2006 that have quickly become must-reads for franchisors, franchisees, franchise counsel, and consumers.
July 30, 2008ALM Staff | Law Journal Newsletters |COPYRIGHT PREEMPTION/MISAPPROPRIATION CLAIM
COPYRIGHT TERMINATION/SUBSEQUENT ASSIGNMENTJuly 30, 2008ALM Staff | Law Journal Newsletters |In a November 2007 article, we noted the government's aggressive enforcement and broad interpretation of federal money-laundering statutes, expressing concern that prosecutorial use of the statutes had been unfairly and improperly expanded. Elkan Abramowitz and Barry A. Bohrer, 'Federal Money-Laundering Statutes: Course Correction?' New York Law Journal (Nov. 6, 2007). In the same article, we expressed hope that the U.S. Supreme Court would take corrective action in cases then pending before it. …
July 30, 2008ALM Staff | Law Journal Newsletters |The bench and bar are well acquainted with the principles of stare decisis and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
July 30, 2008Anthony Michael SabinoThis article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.
July 30, 2008Ronald R. Sussman and Seth Van Aalten