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Features
Whither goest thou?' Or, in plain English: Where are you going? That is the question that must be asked of the courts in the wake of the Supreme Court's recent decision in <i>eBay, Inc., v. MercExchange, LLC</i>, 126 S. Ct 1837 (2006), in which the Court reversed the long-standing practice in the Court of Appeals for the Federal Circuit (the 'Federal Circuit') of granting permanent injunctions in patent cases absent a persuasive reason for not doing so.
Features
Like other minors, illegal immigrant children and youth end up in Family Court through abuse, neglect, guardianship or delinquency cases. Some come to the United States on their own to escape abusive home environments; some are kicked out of their homes and illegally sent to the United States by parents who refuse to care for them anymore; and some are brought to the United States illegally by their parents and then abused, neglected, or abandoned once the family is here.
Features
In last month's newsletter, we looked at how military service members earn pension payments and what the attorney must do to obtain a share of those payments for his client. In this edition, we discuss how to make sure your client gets the pension share coming to him or her.
Features
July 6 marked an historic moment in the history of New York's Court of Appeals. Some will argue (this author included) that it is a black mark against the court's reputation as an institution willing to take a different, non-traditional path for the determination of significant, historic and controversial issues of equal rights and equal protection under the law when the high courts of its sister states have often ducked and evaded the opportunity to confront societal biases head on. Oftentimes, our Court of Appeals has turned to the New York State Constitution for this purpose in order to ensure that the underpinnings of its decisions will withstand attack in the Federal Courts. Nevertheless, the current Court of Appeals has punted the issue of same-sex marriage back to New York's Legislature over a carefully crafted and ringing dissent by Chief Judge Judith S. Kaye.
Features
In products liability cases in most states, a plaintiff's conduct that contributes to his or her harm does not bar a claim, but instead may be considered by the jury in weighing the comparative fault of the parties. But should a case even have to go to a jury when the very harm that the plaintiff is suing for resulted from the plaintiff's own criminal misconduct?
Features
Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of the New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person's lifetime. The Tables are used almost exclusively by plaintiffs to establish damages, especially plaintiffs who have been injured and expect to return to work, or who have missed no work at all at the time of trial.