Decisions of Interest
Recent rulings of importance to your practice.
Class Action Waivers in Commercial Agreements
While the legal status of class action waivers is evolving in the United States, largely due to a U.S. Supreme Court decision earlier this year, franchisors that operate in the United States and Canada also should be aware of the differences in how the two countries address this important element of franchise contracts.
Features
Divorce Cases Are Complicated by New Maintenance Rules
A new system for calculating interim maintenance awards in matrimonial actions, adopted last year to make no-fault divorce more palatable, is under fire from many attorneys who say it is confusing, and potentially inequitable.
Child Testimony
The testimony of children in family proceedings is governed by unique rules that derive from the tension between due process and the protection of children. Here's what you need to know.
Features
Fighting Against the 'SUNY Cap'
A recent decision handed down by the Manhattan Supreme Court is highlighting the fact that although the SUNY cap has its place, it is not the last word. That case, <i>Pamela T. v Marc B.</i>, deserves a serious look.
The Doctrine of Equitable Tolling and Vaccine Claims
The limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. Still, claimants try to stretch the boundaries, offering varying reasons for why their cases should not be time-barred.
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MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›