Features
You Can't Go Back! Or Can You?
In 2009 the Court of Appeals articulated a new rule for Family Law practitioners, referred to by some as the "don't look back" rule. The court in <i>Buntzman</i> simply did not want courts reviewing economic decisions made during the course of a marriage, or attempting to adjust for the fact that certain payments made from separate property may have benefited both spouses ' or even the non-titled spouse alone.
Features
The Non-Party Physician
Last month, the authors began a discussion of the crucial role non-party physicians often play in medical malpractice cases. Here, they look at some methods for obtaining the evidence they possess.
Features
Standard Defense in Obstetrical Malpractice Cases Invalid
In what may be a national first, an appellate panel in Rochester, NY, has rejected as scientifically invalid a standard defense in obstetrical medical malpractice cases.
Features
Shoulder Dystocia and the Duty of Informed Consent
Obstetricians should examine their states' legal requirements about informed consent when making decisions about when to speak to patients about planned cesarean delivery in the face of evidence suggesting an increased risk of shoulder dystocia during delivery.
Features
Recent NJ Case Upholds Protection of Trust
This article concludes last month's overview and discussion of the impact on trusts arising from a recent New Jersey case, <i>Tannen v. Tannen</i>.
Features
The Gay Divorc'
While same-sex couples will now enjoy numerous benefits in New York that were previously denied to them, a panoply of benefits provided by federal laws available to heterosexual married spouses continue to be unavailable to similarly situated same-sex married couples.
DOMA Unconstitutional, DOJ Says
The U.S. Department of Justice (DOJ) has deemed the Defense of Marriage Act unconstitutional in a brief it filed in a Pennsylvania case regarding whether the wife of a former female Cozen O'Connor partner is able to collect the partner's profit-sharing plan benefits under federal law.
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