Postnuptial Agreements
It is not uncommon for a potential divorce client to express the idea that financial concerns, rather than emotional or other marital problems, have led him or her to consult with a matrimonial attorney. The solution may be a postnuptial agreement.
Features
Unintended Results in Divorce Law
The matrimonial bench and bar and the legislature espouse the common goal of reducing divorce expense, time and litigation, which drain the resources of litigants and courts. Nevertheless, with the best intentions, the courts and legislature sometimes ' and recently ' have issued decisions and enacted statutes that undermine the goal of streamlining divorce.
The Proper Way to Determine Spousal Maintenance
There has been much discussion, even recent proposed legislation (See New York State Assembly Bill A10446), over whether Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute defining the basis and supporting factors for determining spousal maintenance awards in New York, is difficult to apply and should be replaced with a statute that uses a formula to calculate both the amount and duration of maintenance.
Wyeth: The Plaintiff's Perspective
Another point of view on this key ruling from the Supreme Court.
Features
Verdicts
Recent rulings of interest to you and your practice.
Drug & Device News
The latest news of importance to you and your practice.
Features
Opinion: Supreme Court Botches Preemption Case
One author's strong views about <i>Wyeth v. Levine</i>.
Tort Reform Damage Caps in California, and Beyond
In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.
State Claim Not Preempted By Federal Drug Labeling Law
The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.
Medical-Legal Issues of Emergency Airway Management
The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.
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