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An order issued by the Westchester County Executive in 2006 requiring recognition of some same-sex marriages did not go unopposed. On Dec. 30, 2008, however, the Appellate Division, Second Department, upheld the legality of the order, affirming a lower court dismissal of a suit claiming the order violated New York's state constitutional and statutory law.
Virtually all matrimonial settlement agreements contain language that provides for the disposition of a refund of income taxes, paid by the parties during the marriage, in the unlikely event that such a refund is paid out after the agreement is signed. But what if the refund that is paid after the divorce is the result of one party's carryback of a post-divorce business (or "operating") loss?
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The average juror may not be aware of the extent of mental-health professionals' duty to protect innocent third parties from their dangerous patients, and they may be reluctant to hold these professionals responsible. Following are some strategies that will help to get the plaintiff's point of view across to the fact finder.
While gaining access to drugs not yet approved by the FDA can be a difficult task, many people will go to nearly any lengths to get them, even suing a drug manufacturer to force it to provide them the drug. That's what happened in the case of <i>Gunvalson v. PTC Therapeutics Inc.</i>, a case recently overturned on appeal.
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Spoliation in the context of a medical malpractice case can raise many issues for lawyers representing doctors and hospitals. These issues can often be overlooked until it is too late to repair the damage done.
In Austin, TX, March 20-21.