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Features

Important Rules of Evidence for Family Law Attorneys Image

Important Rules of Evidence for Family Law Attorneys

Bari Brandes Corbin & Evan B. Brandes

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 Image

Validity of Child Support Statute Is Questioned

Noeleen G. Walder

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 Image

Non-Compliance with the Opt-Out Provisions of the CSSA

Thomas A. Elliot

An in-depth review of case law relating to this all-important issue.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

News that may impact your practice.

The Consequences of Truth Image

The Consequences of Truth

John Ratkowitz

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 Image

Legal Issues Swell if Swine Flu Spreads

Marcia Coyle

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 Image

The Autism Cases

Janice G. Inman

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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  • 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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