Decisions of Interest
October 29, 2010
Though NY Would Continue Child Support, CT Law Prevails In an unreported decision, Supreme Court, Westchester County, dismissed an action seeking continued payment of child support in accordance with New York law, as the child support order was issued by a Connecticut court and the father's discontinuance of payment was in accordance with Connecticut law. E.A. v. R.A., 28 Misc.3d 1239(A), Slip Copy, 2010 WL 3703271 (Table) N.Y.Sup.,2010 (Connolly, J.). …
NJ & CT News
October 29, 2010
Happenings in neighboring states.
Bankruptcy Court Must Handle Ex-Wife's Bid for Future Support Payments
October 29, 2010
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback in October. Refusing to lift an automatic stay in the case, Southern District Chief Bankruptcy Judge Stuart M. Bernstein held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's non-compliance with a separation agreement accelerated all of the support obligations payable under the pact.
Custody Awards and 'Zones of Decision-Making'
October 29, 2010
The overriding policy that governs New York law with regard to custody determinations is that "there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child." In more recent years, New York courts have divided "spheres," or "zones of decision-making," between the parents, in addition to determining the physical custody of the child.
Same-Sex Marriage
October 29, 2010
We continue this month with our discussion of some of the recent developments in the interaction between state and federal laws relating to same-sex marriage.
The Products Liability Dilemma for Pharmaceutical and Medical Device CEOs
October 29, 2010
Failure to comply with government regulations, and inactivity if a company falls out of compliance, can lead to serious product liability issues in the long term. Unfortunately, CEOs often do not consider the potential cost of product liability enforcement when they evaluate whether or not to act.
The Impact of Princo on Patent Misuse As a Defense
October 28, 2010
The availability of patent misuse as a defense in patent litigation may be substantially constrained as a result of <i>Princo Corp. v. International Trade Commission and U.S. Philips Corp.</i>