Features
First Department Overrules Decision on Claims Against Condo/Co-op Directors
The First Department's recent decision in <i>Fletcher v. The Dakota, Inc., et al.</i> overrules a prior decision that set forth an overly onerous pleading standard for discrimination claims against coop directors and condominium board members.
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Equitable Distribution and Hedge Funds
There is no "rule of thumb" with respect to the valuation of a hedge fund interest. Hedge funds are complex entities with complex people using complex investment strategies; therefore the valuation of a hedge fund is complex, by nature.
Features
IP News
Highlights of the latest intellectual property cases from around the country.
Support Overpayment
Over the years, courts have carved out numerous exceptions to the general rule barring recovery of excess support payments. An additional exception that permits recoupment under certain circumstances, is contained in the Family Court Act. So, in some cases, relief for the party who has overpaid may be possible.
Features
Potential New Barrier to Verdicts of Willful Infringement?
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
Computer-Generated Test Interpretation in Custody Matters
When an interpretation of a test result that has implications for one's client is based on a Computer-Generated Test Interpretation (CGTI), be aware that this can open the door to a number of avenues of attack with regard to hearsay and admissibility.
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