The science of cryobiology introduced the world to the previous impossibility of a posthumously conceived child. In the years that have followed, courts have been forced to address myriad unique social and legal issues incident to a child conceived after the death of its father. With little precedent to guide them, judges have been asked to answer the most elementary of probate questions: Is this a child of the decedent? If so, does this child have a right to inherit under the decedent's will or as an intestate beneficiary? From here, courts will continue to face an endless barrage of increasingly more difficult questions of inheritance: How long must a class of beneficiaries remain open? What responsibility does the Personal Representative of the estate have to ensure that the class is closed? Does the mother have an obligation to inform the court or the Personal Representative of her intent to conceive?
- January 03, 2006Michael C. Harman
The subject of "discounts" is the most contentious issue in business valuation and property valuation today. In marital property division, the relative high or low values of the individual properties balance against each other as the parties settle (and squabble over) the allocation of assets. For example, it is common to see the husband (assumed to be the in-spouse, or business owner) argue for a "low" value for the business, whereas the wife (assumed to be the out-spouse, who will not take the business asset) would argue for a "high" business value. Discounts from a total property value (or, a proportionate ownership per share value) seemingly lower value in an arbitrary manner, usually spurring a nasty and expensive fight with dueling appraisers.
January 03, 2006Robert E. SchlegelLawyers involved in product liability cases are occasionally involved with child witnesses, either as plaintiffs or as percipient witnesses to the critical events in the lawsuit. As in other types of litigation, child witnesses present a number of difficult challenges in product liability cases.
January 03, 2006Maureen O'Connor, James H. Rotondo and Allyssa McCabeRecent rulings you need to know.
January 03, 2006ALM Staff | Law Journal Newsletters |National rulings of interest to you and your practice.
January 03, 2006ALM Staff | Law Journal Newsletters |The rise of genetic testing has touched off a tense legal debate over when and if employers and insurance companies should be allowed access to employees' gen-etic data. At issue is whether current privacy laws related to genetics are strong enough to prevent discrimination, and if there are enough regulations governing what companies can and cannot know.
January 03, 2006Tresa BaldasMore than 500 leaders and officials of the seven Change to Win federation unions met Nov. 17-19 in Las Vegas to strategize how to work together in organizing campaigns. Organizers, researchers, and communicators from each of the seven unions met to discuss campaigns and strategy to grow the labor movement. This marked perhaps the first time since the founding of the CIO in the 1930s that so many union officials met to discuss joint targeting and strategy.
January 03, 2006ALM Staff | Law Journal Newsletters |The U.S. District Court for the Southern District of New York decided that radio stations weren't liable for airing commercials made by third parties that failed to obtain licenses to use the plaintiff's songs and sound recordings in the commercials.
January 03, 2006ALM Staff | Law Journal Newsletters |Internet/Unauthorized Movie DistributionThe U.S. District Court for the Eastern District of Pennsylvania denied summary judgment to both Paramount Pictures…
January 03, 2006Stan SoocherRecently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
January 03, 2006ALM Staff | Law Journal Newsletters |