Features
Physician and Medical Device Defendants Collaborative Defense Strategies
Politics make strange bedfellows" is an election-year maxim. Sometimes, bitter rivals in primaries become allies after a convention, or forge alliances to get favored bills and "pet" proposals approved. But while politics may make strange bedfellows, it has nothing on personal injury litigation.
Litigation
Recent rulings of importance to you and your practice.
A Sex Change Can Also Change a Marriage
What happens when your husband becomes your wife? If the state you live in recognizes same-sex marriages, you'll be fine, but if it does not, your future may be uncertain.
Features
Reimbursement Alimony: How Much Is That Piece of Paper Worth?
In the past few years, enrollment in graduate programs has reached new levels. Recent college graduates now look to expand their education by obtaining a Masters Degree or Doctorate. Their reasons for attending advanced schooling vary: Whether it is to delay entering the work force or to obtain higher education for increased financial success, the ramifications for a spouse who supports the graduate student can be crucial in marriages of relatively short duration.
Features
New York Broadens Definition of 'Constructive Abandonment'
A recent decision in New York State, extending the present definition of "constructive abandonment" under the grounds for abandonment in New York Domestic Relations Law (DRL) ' 170(2) to include a refusal to engage in "social intercourse," as opposed to "sexual intercourse," merits the attention of bench and bar.
A Primer for Cross-Examining Mental Health Professionals
With well-established boards in place in each of the three major mental health professions, what stimulated the proliferation of credential-granting boards? And why would mental health practitioners seeking recognition of advanced education and training in a specialty area present their credentials to one of the newer, non-traditional boards? A dispassionate examination of our culture provides at least a partial answer. Many of those wishing to lose weight seek to do so without diet or exercise. Many of those wishing for wealth seek to obtain it by playing the lottery. Many of those who tan themselves because they like the "healthy" look are aware that there is nothing remotely healthy about their tans, but seek 'the look' nevertheless. It should not surprise us that many of those who wish to be perceived as proficient in a specialty would prefer the appearance of proficiency to the reality of proficiency because the look can be obtained much more easily.
National Litigation Hotline
Recent rulings of interest to you and your practice.
Features
Grabbing the Headlines
No sexual harassment case has received as much attention in the press recently as the one brought against Fox News and television host Bill O'Reilly by former Fox producer Andrea Mackris. This case grabbed the headlines with almost as much fervor as did Anita Hill's claims against then-U.S. Supreme Court Justice nominee Clarence Thomas in 1994, which had previously been the most notorious of sexual harassment claims. The Mackris/O'Reilly case has frequently been compared with the Hill/Thomas case -- not only because of the cases' relative notoriety, but also because they involve similar allegations: that a subordinate employee was subject to verbal harassment.
Beyond California
On Sept. 30, 2004, California enacted a law that requires employers who operate in California and who employ 50 or more persons to provide all supervisory employees 2 hours of sexual harassment training every 2 years. Employers must complete the first round of training for supervisors by Jan. 1, 2006. After that date, new supervisors must be trained within 6 months of obtaining a supervisory position. Employers are scrambling to ensure that they have trained all California-based supervisors by year's end. This article describes why employers should not focus simply on training supervisors in California, but in every state.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›