Matrimonial Valuation Dates
February 26, 2009
Ask any experienced matrimonial lawyer in New York State what valuation date should be used in valuing marital property, and the answer will inevitably be the same: "active" assets and "passive" assets. A look at <i>Mahoney-Buntzman</i> and its impact on valuation.
When Bankruptcy and Family Issues Collide
February 26, 2009
When an abused child won a nearly $4 million award from her mother in 2007 for the mother's part in failing to protect her from sexual abuse by the stepfather, it would have seemed that all that was left to do was collect. Now, however, the mother, Irene S. Chaffee, has filed for Chapter 7 bankruptcy relief, and she is seeking to have the debt to her daughter discharged. The question now is, "Can this debt be erased?
One Picture May Not Be Worth 1,000 Words
February 26, 2009
Childrens' drawings are sometimes treated as evidence of their perceptions of their family relationships. These pictures may be evaluated for insights into whether a child feels emotionally close to parent who is seeking custody or is afraid of a person accused of sexually abusing the child. But are such pictures really "worth 1,000 words"?
Verdicts
February 26, 2009
Recent important rulings of interest to your practice.
Verdicts
February 26, 2009
Recent important rulings of interest to your practice.
Med Mal News
February 26, 2009
The latest news of interest to you and your practice.
Accessing Experimental Drugs Through the Compassionate Use Doctrine
February 26, 2009
In last month's issue, we discussed how Jacob Gunvalson, when denied entry into a clinical trial for a drug that might offer treatment for his terminal disease, sued the drug manufacturer to compel it to seek a "compassionate use" exemption. We conclude with a look at the litigation that ensued.
CA Ordered to Reduce Prison Population
February 26, 2009
A special three-judge panel has held tentatively that overcrowding in California prisons presents an unconstitutional risk to inmate health and safety and that the prisoner population must be reduced. The panel has previously found that the prison system's mental health and medical care is so negligent that it is a direct cause of inmate deaths and suicides.
The Constitutionality of Tort Reform Damage Caps
February 26, 2009
Recently, there have been indications that plaintiffs in California medical malpractice actions may renew a constitutional attack on the provisions of the Medical Injury Compensation Reform Act (MICRA), the tort reform legislation that has governed medical malpractice litigation in California for nearly 25 years. The focus of these recent attacks is MICRA's $250,000 limit on noneconomic damages.
