LJN Newsletters

In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.

Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.

This article cuts to the substance of the Troubled Asset Relief Program, examining the provisions dealing with the actual purchase, management, and sale of troubled assets, with an eye toward the financial community.

Recent rulings of interest to you and your practice.

What's going on in neighboring states.

The answer to the question, "Is it better to live in New York or in New Jersey if you want your postnuptial agreement to be enforced?" is plain and simple ' New York is where you need to be. If your client lives in New Jersey, keep him or her away from postnuptial agreements.

Judges in New York will be prohibited from making permanent child custody decisions when a parent has been activated or deployed by the U.S. military, under a bill signed by Governor David A. Paterson. Sponsors said the legislation would guarantee that the custodial status of military personnel will not be permanently changed because of their physical absence from their children while on military duty.

In the previous two months' issues, the author began looking at a contentious proposal to replace New York's current post-marriage maintenance system with new "Post-Marital Income Guidelines." He has expressed some of his reservations about the proposed guidelines; following are a few more.