Index
An easy-to-use listing of everything contained in this issue.
Features
Decisions of Interest
Recent rulikngs of interest to you and your practice.
Unjustifiable Conduct and Home State Jurisdiction Under the UCCJEA
Interesting and difficult jurisdictional questions frequently arise when a parent unilaterally removes a child to an international jurisdiction.
Features
Bernard Madoff, Marital Agreements and Mutual Mistake
<i>Simkin v. Blank</i>, a jarring Supreme Court decision, poses devastating consequences for divorcing couples who, unaware of Bernard Madoff's criminal enterprise, relied upon the accuracy of fraudulently generated portfolio statements.
Third Department Says Court Should Entertain Civil Union Dissolution Case
In March, the Appellate Division, Third Department, reversed a Schenectady County Supreme Court dismissal of a case seeking dissolution of a same-sex civil union, which was entered into in Vermont. Here are the implications of the ruling.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›