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Settlement in Chambers Image

Settlement in Chambers

Adam W. Schneid

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

When Online Harassment of Tenant Turns Violent Image

When Online Harassment of Tenant Turns Violent

Jeffrey N. Rosenthal

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

Vanity of the Bonfires: Spoliation of Evidence Image

Vanity of the Bonfires: Spoliation of Evidence

Timothy M. Tippins

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

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Tenant Did Not Breach Obligation to Use Reasonable Efforts <br>Fraud Allegations Require Investigation Beyond Four-Year Period

Features

Lawyering and Psychological Research Image

Lawyering and Psychological Research

David A. Martindale

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.

Features

FTC Update on Gathering Data; Disclosures To Consumers Image

FTC Update on Gathering Data; Disclosures To Consumers

Marc S. Roth & Edward Kabak

In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.

Features

Practice Tip: Medical Expenses In CA Image

Practice Tip: Medical Expenses In CA

Julia M. Beckley

Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.

Columns & Departments

Court Watch Image

Court Watch

Lauren Sullins Ralls

Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion <br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant<br>Presidential Executive Order Gives Ford Right to Terminate Syria Contract

Features

Interest on Distributive Awards Image

Interest on Distributive Awards

Thomas A. Elliot

Interest on distributive awards is an important ' and at times overlooked ' aspect of matrimonial practice. When a matrimonial action becomes protracted, an award of prejudgment interest, measured from the date of commencement of the action, may be substantial, especially if the award is at the statutory rate of 9%.

Features

Reconsidering the Special Facts Exception Image

Reconsidering the Special Facts Exception

Linda Margolin

Special facts is a court-created equitable doctrine that allows a land use applicant to avoid the impact of a change of zone enacted while the application is pending, by showing significant governmental delay of the application together with proof that but for the delay, the landowner would have been able to vest in its use before the zoning was changed. In November 2013, the Court of Appeals decided <i>Rocky Point</i>, a case that the plaintiff (represented by the author) hoped would not only allow it to prevail, but would also clarify the special facts doctrine.

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