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Senate Backs 21 New Judges in Family Court Image

Senate Backs 21 New Judges in Family Court

Joel Stashenko

Seven new Family Court judges in New York City would be among 21 judgeships created in Family Courts statewide under legislation approved by the state Senate. The additional judgeships for New York City would be the first in the city's Family Court since 1991 and the most significant increase statewide on the Family Court bench in at least three decades.

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A Proactive Approach Toward Estate Planning Image

A Proactive Approach Toward Estate Planning

Linda L. Snelling

Some states have legalized same-sex marriage while others recognize or grant certain rights to same-sex couples. The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning.

Features

Enforcing Foreign Premarital Contracts Image

Enforcing Foreign Premarital Contracts

Peter M. Walzer

California's premarital agreements are significantly different from foreign marital contracts, which allow a couple to elect a regime of marriage ' for example, joint or community property regimes, a separate property regime, or a variation thereof ' depending on the country. Whether a California court will enforce a foreign marital contract may depend on whether the court applies California law or foreign law.

Features

REMS, Risk and Reward Image

REMS, Risk and Reward

Alan Minsk & Lanchi Nguyen

REMS, or Risk Evaluation and Mitigation Strategy, is a new tool that Congress provided the FDA to ensure the safe use of certain types of prescription drug products. The FDA may require a drug manufacturer to include a REMS in its new drug application when the agency concludes this is necessary to ensure that the benefits of the drug outweigh its risks.

Is Europe Ready for Class Actions? Image

Is Europe Ready for Class Actions?

Allison M. Alcasabas & Maria E. Martinez

Several recent developments suggest that the European Union (EU) and some of its individual Member States are preparing to embrace the idea of collective redress mechanisms for consumer claims. Although an effective European collective redress mechanism has yet to materialize, the process toward crafting one is certainly underway.

Features

Practice Tip: Products Class Action Incentive Awards Image

Practice Tip: Products Class Action Incentive Awards

Ronald J. Levine & Aviva Wein

This article discusses the Ninth Circuit's recent decision in <i>Rodriguez v. West Publishing Co.</i>, 563 F.3d 948 (9th Cir. 2009), that specifically considered the viability of incentive awards and their impact on the adequacy of class representatives.

Features

The 'On-Sale' Bar After Pfaff Image

The 'On-Sale' Bar After Pfaff

Robert W. Morris & Franciscus Ladejola Diaba

<i>Pfaff v. Wells Elecs., Inc.</i> is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied <i>Pfaff</i> in more recent cases.

Features

FJC's Study of Diversity Jurisdiction Class Actions Image

FJC's Study of Diversity Jurisdiction Class Actions

Beth Kaufman & Jeremy Weintraub

In November 2008, as part of its ongoing study of the impact of the Class Action Fairness Act of 2005 ("CAFA") upon federal courts, the Federal Judicial Center ("FJC") published Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions. That report studied 231 diversity jurisdiction class actions filed in or removed to federal court in the two years prior to Feb. 18, 2005, CAFA's effective date.

The Recovery Act's Daunting Whistleblower Provisions Image

The Recovery Act's Daunting Whistleblower Provisions

Steven J. Pearlman

This article describes the type of activity Section 1553 protects and the competing burdens parties must bear in pursuing and defending retaliation claims under this statute. It also provides a framework for assessing the risks Section 1553 poses to employers, identifies questions Section 1553 leaves unanswered, and presents the question of whether a few of Section 1553's provisions pass constitutional muster.

Features

Statistical Lessons of Ricci v. De Stefano Image

Statistical Lessons of Ricci v. De Stefano

Jonathan Falk

The first part of this article about the Supreme Court's ruling <i>Ricci v. De Stefano</i> discussed what statisticians really have to say about disparate impact. The conclusion herein addresses the results of, and lessons to be learned from, the <i>Ricci</i> case.

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