An admission ' an act or declaration of a party or his agent that constitutes evidence against the party at trial ' is an exception to the rule against hearsay. As a general rule, any declaration or conduct of a party or his agent, oral or written, that is inconsistent with that party's position at trial is admissible at trial as an admission.
For matrimonial clients, making their way through the emotional, logistical, financial and practical obstacles in divorce is obviously challenging. One of the most empowering and intimidating of these challenges for some spouses is beginning new employment, especially after years of absence from the job market.
In New York State, a parent's duty to provide financial support to his or her child is reciprocal with the child's obligation to visit with the parent and obey parental directives. When a child fails to follow parental mandates and also refuses contact with his or her parent, that child may be emancipated and if so, the parent's obligation to pay child support will terminate. This process is called constructive emancipation, or emancipation by conduct.
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In adjusting medical malpractice losses, insurers, attorneys and claim professionals encounter recurring opinions on and challenges to effective claims-handling. Here are four common medical malpractice claim fallacies, and the reasons why they wilt under close scrutiny.
A new U.S. Food and Drug Administration final rule governing clinical trials held in foreign countries will spark painstaking legal review of pharmaceutical companies' protocols for trials.
With so much attention on HIPAA, However, less attention has been accorded to individual state-statute based patient confidentiality requirements, many of which existed for a significant period of time before the enactment of HIPAA. Other privacy right claims can be made based on traditional tort concepts, such as breach of contract and negligence.
