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Features
In matrimonial litigation the marital residence often constitutes the parties' most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month's issue, we discuss separate property credits.
In vacating a lower court ruling, the Appellate Division, Second Department, at the end of March, wiped off the books the sole remaining decision refusing to recognize same-sex marriages solemnized in other jurisdictions. To prevent the lower court's ruling from being 'used as a precedent in future cases,' a unanimous panel in an unsigned opinion vacated a Long Island judge's 2006 decision that denied recognition to a gay couple's Canadian marriage.
As the matrimonial bar knows, there has long been a dichotomy between the first and second appellate departments on the issue of prenuptial agreements and the tolling of the statute of limitations. This difference was supposed to be eliminated by the enactment of Domestic Relations Law (DRL) 250, which became effective as of July 3, 2007. A review of the statute on its face seems to make the issue crystal clear ' the statute of limitations on prenuptial and postnuptial agreements is tolled during an intact marriage. A review of the session law, however, muddies those waters.
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The parents of the approximately 5,000 children who developed autism symptoms following vaccination who currently have claims filed with the government seeking compensation were given an unexpected shot of hope in March by the news that the government had agreed to compensate one child for vaccine-related onset of autism symptoms.
In mediations involving insurers, lawyers and mediators need answers to unique questions: What kind of insurance exists? Why was it obtained? Do parties perceive it as a 'blank check'? How and when does the topic of insurance come up and who raises it (parties or mediators)? Does it raise unique issues, such as multiple representation, confidentiality and conflicts of interest?
Last June, the AMA requested that state and federal agencies initiate investigations into the growing retail-based health clinics run by major pharmacies across the country. The Association claims that there are potential conflicts of interest at these clinics, because the primary goal is profit-making by luring patients to the pharmacy to fill the prescriptions written by the in-house health provider.