Features
Michael B. Solomon
The increase in value of a titled spouse's separate property is subject to equitable distribution as marital property "to the extent that such appreciation is due in part to the contributions or efforts of the other spouse." D.R.L. ' 236 (B)(1)(d)(3). The Court of Appeals has repeatedly determined that a broad interpretation be given to this exclusion so as to favor the inclusion of such appreciation as marital property: "We hold that under the Equitable Distribution Law an increase in the value of separate property of one spouse, occurring during the marriage and prior to the commencement of matrimonial proceedings, which is due in part to the indirect contributions or efforts of the other spouse as homemaker and parent, should be considered marital property.
Marcy L. Wachtel
It is quickly becoming a distant memory when standard visitation for a non-residential parent -- the parent who does not have primary physical custody of the child -- has one dinner during the week and alternate weekends from Friday evening to Sunday evening. We are living in an era where many parents are willing and able to reduce or arrange their work commitments in order to free up more time to devote to their children. And those parents are increasingly rejecting the second-class status of visiting parent with an ephemeral connection to the children, instead desiring to create a second home for themselves and their children. This mindset compels the matrimonial lawyer to be more creative in structuring physical custody or, the currently preferred term, "parental access."
Features
ALM Staff
&
Law Journal Newsletters
Everything contained in this issue, in an easy-to-use list.
Features
ALM Staff
&
Law Journal Newsletters
Recent important rulings.
Features
Stewart E. Sterk
In the absence of language to the contrary, a real estate broker in New York becomes entitled to a commission when the broker produces a purchaser who is ready, willing, and able to consummate the sale. That is, if the seller changes its mind, or proves unable to deliver title, the seller remains liable for the broker's commission. Dispute about whether broker has procured a ready, willing, and able buyer has generated considerable litigation, but those disputes are not the subject of this article. Instead, this article focuses on the import of "language to the contrary" -- language that purports to alter the common law obligation of the seller to the broker.
Features
ALM Staff
&
Law Journal Newsletters
Recent rulings you need to know.
ALM Staff
&
Law Journal Newsletters
The latest important rulings.
Features
ALM Staff
&
Law Journal Newsletters
National news of interest to you and your practice.
Connie A. Matteo, Esq., Timothy Coughlan, Esq.,
&
David C. Uitti, Esq.
Although most medical malpractice actions are brought in state courts, some must be litigated in federal courts, usually because of diversity of citizenship. When it comes to discovery in these cases, it's important to understand the federal rules that come into play.
Features
Jerome M. Staller, Ph.D.
Complex statistical evidence -- based on huge samples, reams of academic and government studies and hours of testimony -- has been the weapon of choice in many epic battles. The list of major cases in which both sides have deployed legions of statistical experts is impressive: Bendectin, silicone breast-implants, Agent Orange and tobacco are just several of the many substances over which massive statistical battles have been waged. Currently, both sides of the debate over whether caps on non-economic damages help reduce medical malpractice insurance premiums are trading ground-shaking volleys of weapons-grade statistical analysis.
