The Mediation Process
October 31, 2007
Part One of this article discussed the adoption of the Uniform Mediation Act (UMA) in New Jersey and the similarities and differences from the adoption of the UMA in other states. The conclusion addresses the risks and benefits of mediating a divorce.
Collecting Support from a Payor Who Has Filed Under Chapter 11
October 31, 2007
Matrimonial attorneys may believe that the Bankruptcy Code protects support creditors, insuring that they will be able to collect both ongoing support and support arrears. While it may be true that the support obligations cannot be discharged, during the pendency of a Chapter 11 case ' and that could be for years ' collection of support is increasingly a matter of federal law to be adjudicated by a federal court that is concerned with balancing the claims of the support creditor against the claims of all the other creditors.
Movers & Shakers
October 30, 2007
News about lawyers and law firms in the insurance industry.
Case Briefs
October 30, 2007
Highlights of the latest insurance cases from around the country.
The Limited Scope of Arbitration: A Basis for Removing Claims Subject to Rescission Actions
October 30, 2007
Automobile insurance carriers in New Jersey and New York are routinely faced with the issue of whether a fraudulent insurance claim for personal injury protection ('PIP') benefits must be adjudicated in statutorily mandated PIP arbitration or whether those claims may be adjudicated in a court of law. In cases involving fraudulently procured insurance policies, this issue was squarely decided on July 27, 2007 by the Appellate Division of the New Jersey Superior Court in <i>Nationwide Mutual Fire Insurance Company v. Fiouris</i>.
The Applicability of the Absolute Pollution Exclusion to Welding Fumes Claims
October 30, 2007
Litigants and courts are struggling with whether the polution exclusion encompasses "non-traditional" claims that, on their face, would appear to fall within the exclusion's definitions, <i>e.g.</i>, lead paint, carbon monoxide poisoning, and other toxic exposure claims. This article first describes the split among the courts on this issue and then looks at the question in the specific sub-context of welding fumes claims.
Supreme Court to Reconsider Patent Exhaustion
October 30, 2007
May a patent owner sue its own licensee's customers when those customers purchase essential components that have no reasonable non-infringing use from the licensee, and then combine those components with others to form a patented product? The answer may be decided by the Supreme Court in <i>Quanta Computer, Inc. v. LG Electronics, Inc.,</i> U.S., No. 06-937, <i>cert. granted</i> Sept. 25, 2007.
