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In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

Features

Forcing Adverse Party to Sign Waiver of Ethics Grievance Draws Reprimand Image

Forcing Adverse Party to Sign Waiver of Ethics Grievance Draws Reprimand

David Gialanella

A lawyer's attempt to shield himself from discipline via a release in a divorce agreement was not only void ' it was itself an ethics violation, the New Jersey Supreme Court ruled.

Features

Emancipation and Child Support Obligations in PA Image

Emancipation and Child Support Obligations in PA

Jonathan T. Hoffmann

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.

Features

When Custody Evaluators Lose Focus Image

When Custody Evaluators Lose Focus

David A. Martindale

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.

Features

Initiating Medical Malpractice Cases In Federal Court Image

Initiating Medical Malpractice Cases In Federal Court

Jack Wurgaft

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.

Features

Vaccine Claims: Equitable Tolling May Sometimes Now Apply Image

Vaccine Claims: Equitable Tolling May Sometimes Now Apply

Janice G. Inman

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.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of importance to your practice.

Features

Examination Order Violated Abuse Victim's Rights, Panel Says Image

Examination Order Violated Abuse Victim's Rights, Panel Says

Jeff Storey

A Family Court order that a teenage sexual abuse victim undergo a highly intrusive "forensic medical examination" violated her Fourth Amendment rights, a Brooklyn appellate court has ruled.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Review of two key cases.

Features

What Is Left of <i>Caveat Emptor</i>? Image

What Is Left of <i>Caveat Emptor</i>?

Stewart E. Sterk

New York courts continue to hold that <i>caveat emptor</i> ' 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 <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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