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Development
January 31, 2007
<i>City of Goleta v. Superior Court</i>
Adjacent Landowners Entitled to Hearing
January 31, 2007
If an entity claims a vested right pursuant to the Surface Mining and Reclamation Act ((SMARA) Pub. Resources Code, ' 2710 et seq.) to conduct a surface mining operation that is subject to the 'diminishing asset' doctrine, that claim must be determined in a public adjudicatory hearing that meets procedural due process requirements of reasonable notice and an opportunity to be heard. <i>Calvert v. County of Yuba'- County of Yuba.</i>
Predispute Contractual Waivers of Jury Trial
January 31, 2007
Predispute waivers of jury trials are unenforceable under California law, subject to certain limited exceptions. While the recent California Supreme Court case of <i>Grafton Partners v. Supreme Court</i>, invalidated such waivers, there remain two ways that parties can agree, predispute, to avoid a jury trial in commercial real property related transactions.
Decisions of Interest
January 31, 2007
Supreme Court, King's County, erred when it vacated an award of child support arrears because the former custodial parent died and the children are now living with their father. <i>Dembitzer v. Rindenow.</i>
Impact of Bankruptcy on Equitable Distribution
January 31, 2007
Just when we think that the practice of matrimonial law is as complicated as it can get, a case comes down which reminds us of another level of difficulty. <br>In <i>Musso v. Ostashiko</i>, New York Law Journal, Nov. 14, 2006, p. 23, col. 1, the U.S. Court of Appeals for the Second Circuit definitely resolved one of the many questions that arise from the interaction between matrimonial and bankruptcy law ' an interaction which has been occurring with ever greater frequency over the years.
When There Is No Home State
January 31, 2007
Child custody jurisdiction in New York hinges primarily on identifying the child's 'home state.' But what if there isn't one?
Same-Sex Couple Cannot Divorce
January 31, 2007
Justice Phyllis Gangel-Jacob, a Manhattan Supreme Court judge, issued a decision in late December, <i>Gonzalez v. Green</i>, which held that divorce could not be granted to a same-sex couple married in Massachusetts. Despite this, the court found enforceable a separation agreement signed by both parties in anticipation of divorce. The court's reasoning can be taken as cautionary advice to same-sex partners and their attorneys ' particularly the monied partner and his or her legal representative.
Confusion on the Role of Law Guardians
January 31, 2007
In February 2006, after holding many hearings throughout the state, the Matrimonial Commission appointed by Judge Judith Kaye and headed by Judge Sondra Miller issued a final report addressing many issues important to the matrimonial Bar, including issues regarding law guardians for children. The Commission made a good start in the quest to deal with problems surrounding the law guardian system; for example, it recommended that the term 'law guardian' be replaced by 'attorney for the child' (AC), because the term 'law guardian' can cause confusion in the minds of attorneys and litigants alike. However, in spite of the clarification a name change might bring, there remains much confusion as to the role and power of the AC.
Verdicts
January 31, 2007
Recent rulings of importance to you and your practice.
Med Mal News
January 31, 2007
The latest news for your review.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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