Index
December 27, 2006
Everything in this issue, listed in an easy-to-read format.
Court Dismisses Mold-Related Injury Claim Against Coop
December 27, 2006
Mold-related personal injury claims have mushroomed in recent years, fueled in large part by the media and plaintiffs' lawyers who see mold as 'the next asbestos.' Many of these claims have been brought against cooperatives, condominiums and landlords by residents claiming that their health has been adversely affected by the presence of mold in their apartments. The science regarding causation is inconclusive, however, and New York courts have not weighed in on the matter until recently.
International Service of Process
December 26, 2006
You are contemplating commencing an action for a divorce for your client, who lives in New York. The parties were married here and had lived here for the past five years, but the husband recently returned to his native country and no longer works or lives in New York. If that is the situation, there may be a real problem in effectuating service upon him.
Gay and Lesbian Rights Grants Spill over into Other States
December 26, 2006
As we all know, New York same-sex couples are not allowed to marry in this state, as confirmed by our Court of Appeals in July in the case of <i>Hernandez v. Robles</i>, New York's Constitution does not prohibit the limitation of marriage rights to opposite-sex couples. This does not close the book on all issues surrounding same-sex unions, however, because increased recognition of gay and lesbian rights in other states may have an impact on future cases in New York's courts.
Matrimonial Litigants and Zones of Privacy
December 26, 2006
A recent decision of the Appellate Division, First Department, addressed the rights of matrimonial litigants to shield their identities from publication in reported decisions. In <i>Anonymous v. Anonymous</i>, 27 A.D.3d 356 (1st Dept 2006), the court, citing <i>People v. Jones</i>, 47 NY2d 409 (1979), held that judicial approval of anonymous captions in divorce actions should be granted 'sparingly' and 'only when unusual circumstances necessitate it.' Earlier decisions of trial and appellate courts have manifested a judicial policy to allow anonymous captions only when necessary to promote some public interest, including the need to safeguard the health and welfare of children.
Verdicts
December 26, 2006
Recent rulings of importance to you and your practice.
Med Mal News
December 26, 2006
The latest news for your review.
The Expert Witness Affirmation
December 26, 2006
In recent years, numerous professional medical associations, such as the American College of Obstetrics and Gynecology (ACOG), the American Association of Neurological Surgeons (AANS), the American Medical Association (AMA), and many others have taken on the 'hired gun' experts by promulgating expert witness guidelines and oaths of affirmation intended to self-regulate medical expert testimony in the courtroom. The guidelines and affirmations are typically part of larger professional conduct programs meant to improve the quality of expert witness testimony and increase the probability of equitable outcomes. American Academy of Pediatrics, Guidelines for Expert Witness Testimony in Medical Malpractice Litigation.
