Overturning a 19-year-old precedent, the Court of Appeals of New York held on April 1 that a woman may recover damages for emotional distress for medical malpractice that causes a miscarriage or stillbirth, even if she personally suffers no physical injury.
Few health-care providers confronting the reality of trial proceedings in cases involving serious injury or death fail to recognize the possibility of a multi-million dollar verdict being returned in favor of the plaintiff. In 2003, 15 of the top 100 verdicts reported nationwide by Verdictsearch resulted from medical malpractice actions, with the range falling between an award of approximately $19,465,000 to an incredible $112 million in a case involving the alleged failure to diagnose an aneurysm, which led to the patient's quadriplegia and significant brain damage.
A New Jersey Superior Court Judge has found that money received by a wife in a legal malpractice settlement stemming from the divorce trial can be used to reduce or eliminate alimony. Moreover, a supported spouse could not pay an excessive amount for a new home and then complain she does not have enough money for savings.
In a case of first impression, a split New York State appellate court reversed a family court's order dismissing the adoption petition filed by a lesbian couple, and approved the adoption of a 5-year-old Cambodian girl. Matter of Adoption of Carolyn B., CAF 03-01032, Appellate Division, 4th Department, March 24, 2004.
Life Insurance is an important matter in most divorces. There are a host of issues that are not addressed in the typical negotiation. Consider the following sample insurance clause from a Property Settlement Agreement (PSA): The husband shall maintain life insurance for the wife having an aggregate death benefit of $250,000. Said obligation shall be terminated if the husband's obligation to pay alimony is modified/terminated. The husband shall maintain life insurance having an aggregate death benefit of $250,000 for the benefit of the unemancipated children. Said benefit shall be reduced by $75,000 upon the emancipation of the first child and again upon the emancipation of the second child. The obligation to maintain any life insurance for the children shall terminate upon the emancipation of all Three (3) children.
More frequently than not, the divorce attorney will receive a call from the client who has paid his or her bill, inquiring as to what portion of attorney's fees paid can be deductible for income tax purposes. The client's accountant advised that he/she needed an opinion from his/her attorney and a letter allocating the deductible portion of what was paid for income tax purposes. The client may have paid a princely sum and will want to deduct as much as possible.
As Managing Director of the Law Firm Business Institute (www.lawfirmbiz.com), Pete Peterson draws on his experience until 2000 as a law firm CFO in Denver…
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