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Decisions of Interest
Recent rulings of importance to your practice.
Features
Examination Order Violated Abuse Victim's Rights, Panel Says
A Family Court order that a teenage sexual abuse victim undergo a highly intrusive "forensic medical examination" violated her Fourth Amendment rights, a Brooklyn appellate court has ruled.
Bias in Custody Evaluations
Cognitive sets and assumptions, however formed, create a kind of lens through which data that is gathered on a family is processed and interpreted. And these biases create the very real potential for errors to be made at the stage where the court is being given an evaluator's "bottom line" about a particular child's needs or a certain parent's skills and capacities.
When Is an Order Not an Order?
In two reported cases addressing the enforceability of the "automatic orders," the results were seemingly contradictory as to the remedy for "violation" of these "orders.
Features
What Is Left of <i>Caveat Emptor</i>?
New York courts continue to hold that <i>caveat emptor</i> ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.
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