Court Watch
January 31, 2007
Highlights of the latest franchising cases from around the country.
<b>Litigation:</b> Paternity and Child Support
January 31, 2007
Putative father could obtain relief under state statute that granted a substantive, not procedural, right to address potential injustice. <i>The State Ex rel. Loyd, v. Lovelady</i>, 108 Ohio St.3d 86 (Ohio 2006).
Getting Ahead of the Legal Curve
January 31, 2007
When societal trends arise, new laws and regulations are sure to follow. Franchises have a choice of making changes as the trends evolve, or waiting until lawmakers and, perhaps, courts force their hands.
Survey Data: What They Tell Us; What They Don't
January 31, 2007
We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.
Effects of <i>Hernandez</i> Reach Beyond New York
January 31, 2007
The New York Court of Appeals' July, 2006 ruling in <i>Hernandez v. Robles</i> has had implications beyond its core holding that same-sex couples may not marry in New York ' and beyond New York. Courts from Washington to Nebraska to Massachusetts have cited Hernandez to support their decisions to narrow or restrict the rights of gays to marry.
International Arbitration Award Overturned Under California Law
January 31, 2007
California caught the attention of international franchisors and franchisees who have arbitration clauses in their franchise agreements in the recently filed opinion in <i>Gueyffier v. Ann Summers, Ltd.</i> ___ Cal.App.4th ___, 2006 WL ___ (2d Dist. Oct. 26, 2006). The decision held that an arbitrator exceeded his authority when he ignored provisions in a franchise agreement that limited the circumstances under which he was permitted to find the franchisor in breach.
Multi-Millionaire Attorney's Child Support Slashed
January 31, 2007
The shadow of high-profile attorney Willie Gary's wealth hovers over the lengthy appeal recently filed by the mother of his twins, whose $336,000 annual child support payments were slashed in 2005 to a mere $60,000 a year ' plus tuition for the twins' private school ' by a Georgia Superior Court.
Hague International Child Abduction Cases
January 31, 2007
A major debate is under way as to the future of the 'grave risk of harm defense' in Hague Convention international child abduction cases. The move is spearheaded by those who believe that the Hague Convention discriminates against expatriate mothers who are victims of domestic violence and who return to their countries of origin with their children.
Court of Appeals Upholds Recording of MERS Mortgages
January 31, 2007
In <i>Matter of Merscorp, Inc. v. Romaine</i>, decided last month, the Court of Appeals resolved the long-standing dispute between the Suffolk County Clerk's office and participants in an electronic mortgage registration consortium. In one of the first opinions by recently appointed Judge Eugene Pigott, the court held that the County Clerk is required to accept for recording mortgages and satisfactions in the name of MERS (Mortgage Electronic Registration Systems, Inc.) even though MERS itself holds no interest in those mortgages.
Index
January 31, 2007
A complete list of the cases included in this issue.
