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The first of the anticipated lawsuits by municipalities and individuals against Massachusetts Governor Mitt Romney's decision not to allow out-of-state same-sex couples to marry there were filed last month.
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Matrimonial attorneys often have trouble collecting their fees from clients. This can be especially true when the case has been resolved and the client is dissatisfied with the outcome. Clients may get very creative in their efforts to avoid making payment. Case in point: A suit brought by a law firm against a nonpaying client was recently decided in the firm's favor, in spite of the defendant client's unusual attempt to be excused from his obligation.
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While domestic violence courts have become fixtures all across the country, New York is taking them a giant step further. They are morphing into integrated courts where criminal, family and matrimonial matters are all heard in the same court by the same judge under a model that will reach all New York communities by 2006.
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Prompted by the deaths of two children and the injuries two others sustained when Westchester Child Services returned abused children to their parents, a grand jury was convened in January to make recommendations for improvements to the system. The members of the grand jury heard sworn testimony from nearly 30 witnesses, examined over a hundred pieces of evidence and analyzed relevant law. They found that there were systematic failings in protective services to prevent injury and death to children already under the supervision of DSS.
Recent rulings of importance to you and your practice.
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On June 7, Ulster County Supreme Court Judge E. Michael Kavanagh issued an order permanently enjoining Mayor Jason West of New Paltz from officiating at same-sex weddings until such time as state law is changed to allow such marriages. This was the nation's first permanent injunction against a public official's officiating at these cermonies. A few days later, on June 10, Judge Jonathan Katz of Town Court dismissed the 19 criminal charges brought against the Mayor for his actions.
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The Orthopedic Specialty Group, a 12-member group of physicians practicing in Connecticut, notified that state's trial lawyers in May that its members would no longer appear at depositions for the fees they'd charged in the past. This move, they said, was made in response to soaring malpractice insurance rates.
In the latest legal battle between doctors and lawyers over medical malpractice litigation, a California internist has sued three Hillsborough County, FL, doctors and the Florida Medical Association (FMA) for initiating an FMA investigation of the internist's expert testimony in a Tampa malpractice case.
In a disappointing decision for malpractice plaintiffs and their medical caregivers, the U.S. Supreme Court ruled on June 21 that patients do not have a state law private right of action against their Health Maintenance Organizations (HMOs) when such entities make coverage decisions that impact the patient's health care. The decision means patients have little recourse against their HMOs, which under federal law are liable to plan beneficiaries only for the cost of services they wouldn't cover.