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Ever since the 1985 landmark case of <i>O'Brien v. O'Brien</i> was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.
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Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
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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.
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.
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.
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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.
