Decisions of Interest
January 27, 2006
Pension vs. Disability: Court Says It Doesn't Matter A husband's appeal of the denial of his motion to vacate a qualified domestic relations order (QDRO)…
Same-Sex Marriage Developments in New York
January 27, 2006
More case law is developing in answer the question whether same-sex couples should be afforded the same rights as married heterosexual couples in the State of New York. Two cases moving through the courts right now are worth noting, although one is yet to be decided and the other, in which an appellate decision was issued, is going to be further appealed.
She's Nobody's Baby Now?
January 27, 2006
While our society has come to accept out-of-wedlock children with little or no apparent stigma, there remains a principal in law that is near and dear to parentage: the presumption of legitimacy of a child born during a marriage. This is a strong, virtually inalienable right that warrants protection from almost any inquiries that would rebut it. The issue can arise in various ways. A third party can come forward asserting that the child is his and petition for a declaration of paternity of a child born in a marriage. A mother may come forward and claim the child does not belong to the husband, perhaps in order to gain an edge in a custody dispute. Most commonly, a husband/father may go to court to disown the child in an attempt to avoid the obligation to support her. However, regardless of the motivations or allegations, there is a prevailing presumption of paternity that is very difficult to rebut.
Divorce and Sale of the Principal Residence
January 27, 2006
The division or other disposition of the marital residence has always been a major issue in most divorces. Given the tremendous increase in the value of homes in recent years, the economic and tax concerns of dealing with the marital residence are even more acute for clients and their advisers. The general rules governing income taxation on the sale of a residence were enacted as part of the Taxpayer Relief Act of 1997, Public Law 105-34, which became effective Aug. 5, 1997. Prior rules concerning home sale rollover, or exclusion of gain by certain older taxpayers, are generally no longer relevant and not discussed in this article.
New York Follows Other States
January 27, 2006
In October 2005, a New York appellate court ruling in Chen v. Fischer, 12 A.D.3d 43, appeared to make a substantial change in the way litigation is managed where both matrimonial causes of action and tort claims are asserted in New York. The Second Department had held, for the first time, that an interspousal tort action seeking to recover damages for personal injuries commenced subsequent to, and separate from, an action for divorce is barred upon the res judicata principles of claim preclusion. In short, a spouse had to bring any personal injury claim he or she might have as a cause of action within the matrimonial action. A separate tort action was no longer tenable.
Litigation
January 27, 2006
Recent rulings of interest to you and your practice.
Leading Questions And Child Witnesses
January 27, 2006
Last month, in the first part of this article, we discussed the case law of both state and federal courts with regard to the admissibility of child testimony and the suggestibility of child witnesses. The conclusion of this article discusses whether the child witness understands that he or she can affect the outcome of the litigation, as well as other issues related to the reliability of the child's testimony.
CardScan Executive: The Way to Clear Business Card Clutter!
January 27, 2006
If you are anything like me when it comes to business cards received, then you have a desktop filled with them and at least one drawer piled up with them. I always seem to throw the cards on the desk and hope that someday I can enter, or have someone else enter the information into my Outlook contact database. Of course, this never happens, thus perpetuating my never-ending battle to organize. It just seems no matter how hard I try, I never seem to get the cards off my desk and into my computer. Well I have found the perfect solution to alleviate the situation.
Beyond Redlining
January 27, 2006
Managing change in any walk of life or business is difficult. Document change is no different. Documents are the lifeblood of a law firm. Efficiency of lawyers and staff in producing, editing, sharing and collaborating on documents impacts the quality of a firm's work product, and ultimately a client's cost ' as well as success.
Best Option for E-Mail Recall, and Other Tips
January 27, 2006
If e-mail is so ubiquitous in our lives, why don't more people follow some general, common sense guidelines for composing, addressing and sending e-mails? This isn't a column on security; it's a look at some fundamental concepts that will keep you savvy about your e-mail habits.
