In-depth, expert analysis of key cases.
October 31, 2007ALM Staff | Law Journal Newsletters |
A look at recent rulings of importance to you and your practice.
October 31, 2007ALM Staff | Law Journal Newsletters |Commentary on and analysis of recent rulings.
October 31, 2007ALM Staff | Law Journal Newsletters |In-depth commentary on a key case.
October 31, 2007ALM Staff | Law Journal Newsletters |A complete, easy-to-read review of this issue's contents.
October 31, 2007ALM Staff | Law Journal Newsletters |The crisis in the subprime mortgage markets has brought to light many allegations of predatory practices by mortgage lenders and other participants in the housing industry. In Barkley v. Olympia Mortgage Co., Judge Raymond Dearie of the Eastern District approved a strategy that might permit some victims of the alleged fraud to obtain a federal forum, with the possibility of treble damages and attorneys fees: allege (and prove) that the predatory practices constituted a form of racial discrimination.
October 31, 2007Stewart E. SterkRecent rulings of importance to you and your practice.
October 31, 2007ALM Staff | Law Journal Newsletters |The law concerning the custody rights of biological parents is complex and continually evolving and, along with that, the rights of non-biological parents are also in flux. Within the basic framework that supports the superior custodial rights of a biological parent, there may be many misconceptions and uncertainties about what set of facts may support custody for a non-parent. The implications of a non-parent having long-term de facto custody and the effect of a prior order of custody have been addressed in recent court decisions.
October 31, 2007David M. RosoffMediation participants would be far more circumspect if they thought their discussions and disclosures could be used against them in a later judicial proceeding. With this in mind, let's consider the potential impact of a recent case in which the Appellate Division, Fourth Department, determined that a confidentiality clause in a divorcing couple's mediation agreement need not preclude the mediator from being compelled to give testimony in their subsequent divorce action.
October 31, 2007Janice G. InmanSeparation 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.
October 31, 2007Benjamin E. Schub