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What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

When Is a Lease of Personal Property a 'True Lease'? Image

When Is a Lease of Personal Property a 'True Lease'?

Alan M. Christenfeld & Barbara M. Goodstein

Just because a document is labeled a lease may not make it so under commercial law. One of the more heavily contested issues under the Uniform Commercial Code is whether an agreement transferring use and possession of personal property from one party to another is actually a lease as opposed to a sale subject to a security agreement.

Arbitration Awards: What Is the Standard of Review? Image

Arbitration Awards: What Is the Standard of Review?

Craig R. Tractenberg

In <i>Paul Green School of Rock v. Smith</i>, the Third U.S. Circuit Court of Appeals decided a franchise-related case on Aug. 2 that addressed judicial review of arbitration awards.

Features

Underground Maintenance Formulas in New York Image

Underground Maintenance Formulas in New York

Carrie Lee Weremblewski & David B. Smith

Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all.

Features

Wolf Block Moves for Stay of Legal Malpractice Suit Image

Wolf Block Moves for Stay of Legal Malpractice Suit

Gina Passarella

Wolf Block and a number of former partners are seeking a stay of a legal malpractice lawsuit brought against them by car dealership owner Alan Potamkin over the firm's drafting of a prenuptial agreement.

Features

Ontario, Canada, Court of Appeal Affirms Quiznos and Midas Decisions Image

Ontario, Canada, Court of Appeal Affirms Quiznos and Midas Decisions

Jennifer Dolman & Andraya Frith

Two important decisions of the Ontario Court of Appeal involving class action franchise disputes were released this summer.

Divorce and the 'Special-Needs' Child Image

Divorce and the 'Special-Needs' Child

Judith Poller

This article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.

Recent Judicial Decisions on Specific Causation Image

Recent Judicial Decisions on Specific Causation

Lori B. Leskin

This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.

Features

Practice Tip: Playing Poker with Experts Image

Practice Tip: Playing Poker with Experts

James H. Rotondo

What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?

Features

The Assault on Traditional Long-Arm Jurisdiction Continues Image

The Assault on Traditional Long-Arm Jurisdiction Continues

Roy Alan Cohen & Justin C. Hallberg

A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.

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