Features
Determining the Proper Amount of Spousal Maintenance
In last month's newsletter, we discussed Domestic Relations Law (DRL) ' 236(B)(6)(a), the statute containing the factors courts use to determine spousal maintenance awards in New York, along with the recently proposed legislation (See New York State Assembly Bill A10446) that would replace the statute with a formula to calculate both the amount and duration of maintenance. The discussion concludes here.
Features
Family Practice in the Current Economy
Matrimonial lawyers in New York say there is no shortage of legal work in this tough economic climate, as clients with strained finances seek support modifications, settlements and, for some, divorce. The problem, they say, is getting paid.
Enjoining Potential International Child Abduction
The Sean Goldman parental abduction case has been making the news of late, with articles appearing in The New York Times and other publications, and television news stories running on national and international networks. His story is shining a light once more on the perils of international parental child abduction.
Features
Natural Orifice Surgery
Natural orifice transluminal endoscopic surgery ' often referenced by the acronym NOTES ' is becoming increasingly popular. Here is a discussion of potential avenues of liability claims associated with the surgery.
Features
Exercise of Medical Judgment or Deviation from the Standard of Care?
In a handful of states, a doctrine known as the "medical judgment rule" establishes a distinction between the legitimate exercise of medical judgment and a deviation from the accepted standard of care on the part of a physician. In New Jersey, the medical judgment rule is set out in Model Jury Charge 5.50G. This article provides a look at medical judgment and standard of care as outlined in the rule.
The Autism Cases, and What's Next
The fight to get recognition of a link between autism and childhood vaccines took a heavy blow in February when the U.S. Court of Federal Claims found no such connection in the three test cases before it. Results of recent studies certainly portended these outcomes, but hope remained that the so-called Vaccine Court ' the Office of Special Masters of the U.S. Court of Federal Claims ' might side with the claimants.
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