Features
NJ & CT News
The latest cases in neighboring states that you need to know.
Features
Determining the Proper Amount of Spousal Maintenance
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Features
Sophisticated User Defense Gains Acceptance
The sophisticated user doctrine has become a prevalent defense nationwide in product liability actions involving failure-to-warn claims. This article expounds upon recent cases that help to entrench the sophisticated user doctrine in many states' case law, to a full or limited degree.
Features
The Growth in Wage-and-Hour Claims
This article explores some of the most common FLSA issues that employers confront on a daily basis, and ways to avoid being a victim of this FLSA wave.
Features
RICO
Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.
Features
Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes.But there are also four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions ...
Features
Unfinished Business: Swap Participants Gain Ground
On Feb. 11, 2009, the United States Court of Appeals for the Fourth Circuit recognized the broad protections afforded to swap agreements under the Bankruptcy Code. Here is a review of the case.
Features
The Most Crucial Commercial Lease Cases
The first part of this article, which appeared in the December 2008 issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The second part, which appeared in the February 2009 issue, discussed cases that address enforcement and violations. The cases in the conclusion herein address stipulations and eviction.
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