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It is a matter of significant controversy and a subject of much litigation whether the U.S. Supreme Court's Federal Arbitration Act (FAA) jurisprudence enforcing pre-dispute arbitration agreements, regardless of whether the underlying dispute derives from contract, statute or public policy, extends to situations where individuals seek to bring class claims on behalf of large groups either in court or before the arbitral tribunal. Mostly, the decisions have supported this extension, provided the arbitration agreement authorizes the decision-maker to apply statutory as well as contract law and to award statutory remedies for proven violations. Because plaintiffs' lawyers have responded to these developments by bringing class claims in arbitration, despite silence in the underlying agreement whether the arbitrator possesses "class certification" authority, a number of companies have inserted express class action waivers in their arbitration programs. A recent decision of the California Supreme Court places in question the legal effectiveness of this response, at least in that state and for "consumer"-type claims.
Features
With the advent of Collaborative Family Practice, marital dissolution can be accomplished through three distinct processes. The litigation alternative was joined by family mediation in the early 1980s and by collaborative practice in the early 1990s (the genesis of Collaborative Family Practice is found in the work of Stuart Webb, a family lawyer from Minneapolis). With the establishment of viable collaborative alternatives throughout the United States, including New York, the threshold decision for divorcing parties has become the choice of process rather than the choice of lawyer. This article highlights the elements of the newest alternative -- Collaborative Practice.
Features
The Child Support Standards Act (CSSA) was enacted to promote New York's public policy concern that both parents contribute to their children's support -- and in response to federal law that mandatory support guidelines be in effect as a predicate to eligibility for federal funding. >i>Panossian v. Panossian</i>, 201 A.D.2d 983 (4th Dept., 1994); <i>Rakoszynski v. Rakoszynski</i>, 174 Misc.2d 509 (1997). It is settled law that agreements that contract away the obligation to pay child support are void as against public policy and, thus, unenforceable. <i>Strenge v. Bearman</i>, 228 A.D.2d 664 (1996). Although seemingly straightforward, the narrowly defined statutory scheme regarding the retroactivity of child support has been indirectly, yet, significantly broadened as a result of recent judicial authority involving unrelated issues.
Features
Recent rulings of interest to you and your practice.
The courts of New York dealt another blow to the cause of same-sex partners' family rights in October when the Appellate Division, Second Department, reversed the Nassau County Supreme Court's denial of a motion to dismiss a wrongful death suit brought against a hospital by the surviving member of a couple legally joined in a Vermont civil union ceremony. The case, <i>Langan v. St. Vincent's Hosp. of New York</i>, 2005 NY Slip Op 7495; 2005 N.Y. App. Div. LEXIS 10922 (2d Dept. 10/11/05), undid a holding that had been touted as a significant victory for gay rights in New York.
Features
Law firms often mislead themselves when they draw conclusions about profitability based on individual metrics without adequately considering how the metrics interrelate. In particular, isolated improvement of one or more measures may impair rather than improve the net contribution of a matter and therefore partner and firm profitability.
Partners in law firms of all sizes and specialties now realise it is one thing to attract high quality associates, but an even more difficult challenge to retain them. Competition for top quality associates continues to intensify, so effective associate retention is more important than ever.
Features
In this compelling snapshot of a growing trend, Eriq Gardner describes the newly expensive vetting procedures now faced by outside firms choosing to pursue business with a highly demanding large client. Gardner also touches on law business practices (<i>eg</i>, long-term fixed-fee contracting for an entire class of a client firms' litigation needs) that may bode ill for the quality of justice produced by the overall legal system
Liability claims against health care facilities, including hospitals and nursing homes, often include claims of negligent hiring, supervision and/or credentialing in addition to the "traditional" theories of medical malpractice litigation. For many years, state courts debated whether a hospital's alleged acts in credentialing physicians fell within the scope of the "treatment and care" of patients. While the majority of jurisdictions now appear to recognize private causes of action against a health care facility based upon alleged improper hiring, retention or credentialing of professional staff, there is no uniformly accepted standard of care nationwide. Accordingly, specialists and the occasional practitioner in this litigation field are equally well advised to monitor the developing common law of their jurisdiction in the litigation of cases presenting such claims.