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Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of key cases you need to know.

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

A look at a significant ruling.

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NJ & CT News

ALM Staff & Law Journal Newsletters

Happenings in neighboring states.

Features

Discovery and 'Non-Egregious' Marital Fault Image

Discovery and 'Non-Egregious' Marital Fault

Thomas A. Elliot

Even as no-fault divorce legislation in the State of New York has been signed into law, matrimonial practitioners continue to deal with the vestiges of fault-based litigation.

Features

No-Fault Divorce Signed into Law Image

No-Fault Divorce Signed into Law

Joel Stashenko

On Aug. 15, New York became the last state in the nation to enact a law offering no-fault divorce, when Governor David Paterson announced that he had approved the controversial measure, which has been debated for decades.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings on top cases.

Features

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Drug & Device News

ALM Staff & Law Journal Newsletters

Important information you need to know.

Features

The Relevance of 'Never Events' in Medical Malpractice Litigation Image

The Relevance of 'Never Events' in Medical Malpractice Litigation

John Ratkowitz & Robert Sanfilippo

The National Quality Forum, a nonprofit organization that aspires to set priorities and goals for improvement in health care in the United States, established the concept of "Never Events," which consists of a list of serious complications that should never occur in a safe hospital.

Features

e-Discovery Revisited Image

e-Discovery Revisited

John Roth & Thomas Jones

This article presents some historical context illustrating the early development of e-discovery jurisprudence, continues with a discussion of the influential Sedona Conference and the findings of the Advisory Committee on the federal rules, analyzes the most recent case law, and outlines a prudent approach to e-discovery.

Features

Practice Tip: Playing Poker with Experts Image

Practice Tip: Playing Poker with Experts

James H. Rotondo

What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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