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Separation agreements in matrimonial actions often contain provisions prohibiting oral modification or waiver of their terms. These provisions usually contain language to the effect that 'no modifications, waiver or termination of any of the terms of this stipulation shall be valid unless in writing and executed with the same formality as this agreement.' Despite such language, are there any possible scenarios under which the terms of such an agreement can be modified or waived without a written agreement? The answer may surprise you.
Features
Last year, pharmaceutical companies reportedly spent $4.5 billion on direct advertising to consumers, or about 400 times more than they spent 20 years ago. Drug company spending on advertising to consumers is increasing twice as fast as spending on promotions to physicians or on the research and development of new drugs. Given this exponential growth in direct-to-consumer advertising, it is hardly surprising that prescription drug makers' traditional immunity from consumer 'failure-to-warn' claims has increasingly come under assault.
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The authors are both members of the American Law Institutes (ALI), an institution that's been around since 1923. Membership is made up of judges, practicing attorneys and legal scholars from both the United States and the international legal community. The ALI employs a deliberative process to gain insights into its various members' understanding and opinions of the law, then it drafts and publishes Restatements of the Law, model codes, and legal studies to promote, as the ALI Web site home page states, 'the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work.' In this article, they take issue with a recent ALI Tentative Draft on the expert testimony standard.
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When an infant is born hypoxic, acidotic and neurologically depressed and goes on to develop permanent brain damage, questions are raised as to when the injury occurred, why it occurred and whether it could have been prevented through the exercise of reasonable care. The answers to those questions will determine whether there is a valid basis for pursuing a claim of medical malpractice.
It is not uncommon for a client's wealth to be concentrated in one or more retirement plans. As such, the disposition of such retirement plans, both during life and after a client's death, are often at the heart of the negotiations for a prenuptial or divorce agreement. Understanding the various income tax savings as well as the traps associated with retirement vehicles will give your clients the advantage when involved in such negotiations and thereby enable your clients and their beneficiaries to maximize the benefits of these valuable assets. This article offers a few practical strategies to help your clients get the maximum benefit from their retirement plans, with the lowest tax cost possible.
Part One of this article discussed the adoption of the Uniform Mediation Act (UMA) in New Jersey and the similarities and differences from the adoption of the UMA in other states. The conclusion addresses the risks and benefits of mediating a divorce.
A court ethics committee has warned New Jersey lawyers who run divorce mediation centers that they are covered by the Rules of Professional Conduct, and the panel has found one center in violation.