Features
Important Rules of Evidence for Family Law Attorneys
Matrimonial and family law attorneys who only try divorce and custody cases know that all issues besides the grounds for divorce are tried before the court without a jury. In such cases, the rules of evidence are often relaxed. While this can make for a more straightforward presentation of evidence, it can also leave family practice lawyers unfamiliar with new or little used rules of evidence. This article discusses some of those important rules.
Validity of Child Support Statute Is Questioned
In a unanimous panel decision issued by the Appellate Division, First Department, the court recently invalidated a 1992 support agreement because it failed to provide adequate support for a child born out of wedlock. What made the case noteworthy was the fact that the court's opinion called into question the constitutionality of a decades-old family law statute that requires judicial approval of an agreement for child support between a mother and the purported father of a nonmarital child.
Features
Non-Compliance with the Opt-Out Provisions of the CSSA
An in-depth review of case law relating to this all-important issue.
The Consequences of Truth
Few states have instituted compulsory medical error admissions. One state that has is New Jersey, which, in 2004, enacted the Patient Safety Act (PSA). This landmark legislation changed the way medical errors are dealt with in New Jersey. This article discusses the changes.
Features
Legal Issues Swell if Swine Flu Spreads
Just one week into the swine flu outbreak, health authorities in Baltimore detained 117 passengers on a flight from Cancun, Mexico. And Texas, Maryland and New York officials closed schools. Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles ' many for the first time.
Features
The Autism Cases
In last month's issue, we discussed the Vaccine Court's (Office of Special Masters of the U.S. Court of Federal Claims) trio of decisions that found no causative links between childhood vaccinations and the onset of autism and gastrointestinal problems in three children. The discussion continues herein.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›