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Features

The Battle of the Experts Image

The Battle of the Experts

John Ratkowitz

When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.

Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain' Image

Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain'

Janice G. Inman

In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.

Hedge Fund Founder's Ex-Wife Files Suit Accusing Him of Insider Trading Image

Hedge Fund Founder's Ex-Wife Files Suit Accusing Him of Insider Trading

Zach Lowe

The ex-wife of Wall Street magnate Steven Cohen, founder of the $13 billion hedge fund SAC Capital Advisors, filed a civil racketeering suit in December 2009 against Cohen in which she accuses him of committing insider trading violations.

Features

Trusts and Divorce Image

Trusts and Divorce

Martin M. Shenkman & Richard A. Oshins

The first part of this article addressed the Traditional Heir's Trust and Basic Insurance Trust. The conclusion herein discusses the Generation Skipping Trust (GST) Trust, Grantor Trust and Beneficiary Defective Trust.

Features

Fourth Quarter e-Commerce Spending Up Image

Fourth Quarter e-Commerce Spending Up

Michael Lear-Olimpi

Estimated U.S. retail e-commerce last year was 2% more than in 2008, while total retail sales fell 7% from 2008, the Census Bureau said last month.

Same-Sex Spousal Benefits Image

Same-Sex Spousal Benefits

Roy L. Reardon & Mary Elizabeth McGarry

<i>Godfrey v. Spano</i>, decided in November 2009, afforded the court an opportunity to resolve the question of whether same-sex marriages that are valid where performed are entitled to full legal recognition in New York under the marriage recognition rule.

When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation? Image

When Does a Nonemployee Spouse Have a Right to the Employee's Retirement Accumulation?

Thomas R. White, 3rd

In the first part of this article, published in December, we outlined the statutory spousal protection provisions that apply to employee pension and profit-sharing plans governed by ERISA. The article herein concludes the discussion.

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of key decisions you need to know.

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Key decisions that affect your practice.

Features

The 'New and Improved' FTC? Image

The 'New and Improved' FTC?

H. L. Silets

A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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