Who qualifies as a parent when one member of a same-sex couple has a child after entering into a same-sex civil union under the laws of another state? This was only one of the questions with far-reaching consequences the Court of Appeals recently answered in Debra H. v. Janice R.
Last month, the author began discussion of the importance of conducting discovery on damages in the early stages of case preparation. The discussion concludes herein.
There is a very important distinction between evidence that a particular complication is a risk of a procedure, and evidence that this complication occurs without negligence. Evidence of the former is not relevant without the latter.
In a landmark holding released May 3, the U.S. Supreme Court held that the Public Health Service Act (PHSA) precludes Bivens-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties.
Declining to overrule a 19-year-old precedent, the New York Court of Appeals narrowly held that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.
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