Enhancing Tenant Flexibility in In-Line Retail Leases
While it would not be possible to identify a "typical" in-line retailer (their perspectives vary as much as their products and their business plans), there are issues that recur in negotiation of leases for them. As attorneys negotiating on behalf of in-line retailers, it is important to consider the potential implications of the lease over its entire term and to plan for changes in clients' business plans by making the leases more flexible. This article examines selected practical issues in flexibility and makes recommendations for negotiating stronger leases from the retailers' perspective.
Drug & Device News
The latest pharmaceutical and medical device news of importance to you and your practice.
Third-Party Expert Witness Liability
The opinions offered at trial by expert witnesses are running an increasingly greater gamut of scrutiny. First, they are subject to the judicial scientific reliability tests of Daubert v. Merrell Dow Pharmaceutical Inc., 507 U.S. 579 (1993). Once that hurdle is cleared and the opinion given, the experts can be sued by the party who hired them, both in tort and contract, if the opinion did not live up to the party's expectations.
Nursing Home Litigation and Residents' Rights Statutes
In the recent past, nursing home residents had difficulty in recovering money damages against those facilities. In 1989, Congress enacted its Omnibus Budget Reconciliation Act of 1987, which was a major attempt at reform in the federal regulation of nursing homes. This initiative was intended to dramatically improve the health and safety of nursing home residents through extensive regulations, including the "Residents Bill of Rights," new care standards and new enforcement mechanisms. See 42 U.S.C. '' 1395, 1396 (2000).
Verdicts
Recent rulings you need to know.
Physician and Medical Device Defendants Collaborative Defense Strategies
Politics make strange bedfellows" is an election-year maxim. Sometimes, bitter rivals in primaries become allies after a convention, or forge alliances to get favored bills and "pet" proposals approved. But while politics may make strange bedfellows, it has nothing on personal injury litigation.
Reimbursement Alimony: How Much Is That Piece of Paper Worth?
In the past few years, enrollment in graduate programs has reached new levels. Recent college graduates now look to expand their education by obtaining a Masters Degree or Doctorate. Their reasons for attending advanced schooling vary: Whether it is to delay entering the work force or to obtain higher education for increased financial success, the ramifications for a spouse who supports the graduate student can be crucial in marriages of relatively short duration.
New York Broadens Definition of 'Constructive Abandonment'
A recent decision in New York State, extending the present definition of "constructive abandonment" under the grounds for abandonment in New York Domestic Relations Law (DRL) ' 170(2) to include a refusal to engage in "social intercourse," as opposed to "sexual intercourse," merits the attention of bench and bar.
A Sex Change Can Also Change a Marriage
What happens when your husband becomes your wife? If the state you live in recognizes same-sex marriages, you'll be fine, but if it does not, your future may be uncertain.
