Supreme Court, King's County, erred when it vacated an award of child support arrears because the former custodial parent died and the children are now living with their father. Dembitzer v. Rindenow.
Just when we think that the practice of matrimonial law is as complicated as it can get, a case comes down which reminds us of another level of difficulty.
In Musso v. Ostashiko, New York Law Journal, Nov. 14, 2006, p. 23, col. 1, the U.S. Court of Appeals for the Second Circuit definitely resolved one of the many questions that arise from the interaction between matrimonial and bankruptcy law ' an interaction which has been occurring with ever greater frequency over the years.
Child custody jurisdiction in New York hinges primarily on identifying the child's 'home state.' But what if there isn't one?
Justice Phyllis Gangel-Jacob, a Manhattan Supreme Court judge, issued a decision in late December, Gonzalez v. Green, which held that divorce could not be granted to a same-sex couple married in Massachusetts. Despite this, the court found enforceable a separation agreement signed by both parties in anticipation of divorce. The court's reasoning can be taken as cautionary advice to same-sex partners and their attorneys ' particularly the monied partner and his or her legal representative.
In February 2006, after holding many hearings throughout the state, the Matrimonial Commission appointed by Judge Judith Kaye and headed by Judge Sondra Miller issued a final report addressing many issues important to the matrimonial Bar, including issues regarding law guardians for children. The Commission made a good start in the quest to deal with problems surrounding the law guardian system; for example, it recommended that the term 'law guardian' be replaced by 'attorney for the child' (AC), because the term 'law guardian' can cause confusion in the minds of attorneys and litigants alike. However, in spite of the clarification a name change might bring, there remains much confusion as to the role and power of the AC.
Recent rulings of importance to you and your practice.
The latest happenings in this important area.
Hospitals have a legal duty to make health care as safe as is possible so that the hospital, through practitioners under its aegis, can offer the proper standard of care. When the hospital fails in this regard, a lawyer may consider a negligent credentialing claim where the hospital did not appropriately credential a practitioner and a direct claim of negligence against the hospital where the institution did not have sufficient policies and procedures, and carry them out, in order to protect patients.
Armed with a well-stocked patent portfolio, a company can effectively corner valuable markets for a limited amount of time. While this concept is second nature for most makers of tangible products, pharmaceuticals, or even software, it is only now becoming widely accepted in the financial services sector. As a result, another battlefield is emerging in which patents are becoming the weapon of choice, and trading floors and back-office processing centers have become the new settings for patent disputes.
