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Index Image

Index

ALM Staff & Law Journal Newsletters

A Guide to everything in this issue, in an easy-to-read format.

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

Key rulings in neighboring states.

Features

Absence of No-Fault Divorce Encourages Perjury, Judge Says Image

Absence of No-Fault Divorce Encourages Perjury, Judge Says

Noeleen G. Walder

Calling New York's failure to institute no-fault divorce "inexcusable," a Manhattan judge has concluded that a husband should not be held liable for perjury for claiming he had not had sex with his wife for more than a year, during which time she gave birth.

Sex Versus Society Image

Sex Versus Society

Karen M. Platt

Late last year, the Appellate Division, Second Department, was confronted with the question of whether the judicially created concept of "constructive abandonment" could be expanded beyond its historic definition of sexual abandonment to include a persistent unrelenting pattern of social abandonment of a spouse. The court declined to expand the concept.

New York Courts Address Parental Alienation Image

New York Courts Address Parental Alienation

Carol Most

Both custodial and non-custodial parents often worry that they are being bad-mouthed by their exes when the kids are in the other parent's care. When the question of parental alienation and its influence on custody matters becomes an issue for the courts, problems of proof may arise on both sides of the conflict.

Determining Whether Medical Causation Is Established Image

Determining Whether Medical Causation Is Established

H. Thomas Watson

What does this standard of proof mean, and how can we gain a better understanding of statistical analysis help to determine when the standard for proving medical causation has, and has not, been met?

Features

Worker Misclassification to Receive Heightened Scrutiny Image

Worker Misclassification to Receive Heightened Scrutiny

Joel W. Rice & Brian K. LaFratta

Over the past year, federal and state governmental agencies have signaled their intent to more seriously investigate the misclassification of employees as independent contractors. Penalties for misclassification are severe and can put a company out of business.

Electronic Privacy in the Workplace Image

Electronic Privacy in the Workplace

Daniel I. Prywes

Electronic privacy in the workplace is already a tangled subject, with only a few sure footholds for employers. The Supreme Court's upcoming ruling in <i>Ontario v. Quon</i> will hopefully provide some unifying guidance in this developing area of the law.

Features

DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture Image

DE Chancery Court Won't Dismiss Action Seeking Dissolution of a Deadlocked Joint Venture

Robert S. Reder & Rachel Fink

Unsuccessful 50/50 joint ventures often lead to disputes between the partners and, in some cases, may produce noteworthy judicial decisions. Such is the case with <i>Lola Cars International Limited v. Krohn Racing, LLC, et al.</i> in which the Delaware Court of Chancery recently refused to dismiss claims arising out of a deadlocked joint venture structured as a limited liability company ("LLC"),

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