The Out-of-State Dissolution of Civil Unions
March 01, 2005
Vermont's civil union law went into effect on July 1, 2000. Since that time, more than 6000 civil unions have been performed there according to Vermont's Department of Health. According to the Vermont Guide to Civil Unions -- published on the official Web site of Vermont's Secretary of State -- family courts in Vermont have jurisdiction over all proceedings relating to the dissolution of civil unions. Indeed, the dissolution of civil unions follows the same procedures -- and is subject to the same substantive rights and obligations -- that are involved in the dissolution of marriage, including any residency requirements. For instance, a complaint to dissolve a civil union in Vermont may be brought if either party to the civil union has resided within the state for a period of 6 months or more, but dissolution cannot be granted unless one of the parties has resided in the state at least one year preceding the date of the final hearing.
Upcoming Events
February 25, 2005
SXSW Music and Media Conference and Festival 2005 CLE Program, sponsored by SXSW. In Austin, TX, March 18-19. Will cover music law year in review, live performance and touring issues, alternative digital deals, artist career co-ventures, structuring agreements in the music industry and legal ethics in the digital age. For further information: 512-467-7979 or www.sxsw.com. …
IP News
February 25, 2005
Highlights of the latest intellectual property news from around the country.
The Uncertainties of the 'Unopened' Easement
February 25, 2005
Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (<i>See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church</i>, 10 A.D.3d 572 (1st Dep't 2004); <i>Spiegel v. Ferraro</i>, 73 N.Y.2d 622, 625 (1989); <i>Gerbig v. Zumpano</i>, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- <i>ie</i>, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. <i>Castle Associates v. Schwartz</i>, 63 A.D.2d 481 (2d Dep't 1978).
Index
February 25, 2005
Everything that's contained in this issue, in one easy list.
Development
February 25, 2005
All the latest cases for your review.
Bush Plan for Electronic Record System Gains Momentum
February 25, 2005
In April 2004, President Bush called for development of a nationwide electronic health records system that would include most Americans' health data within 10 years. He took some steps then to get the ball rolling, but funding for the program was cut in November as part of a plan to balance the federal budget. However, in the first months of 2005, Bush renewed his push for reforms, which he asserts will cut health care costs and reduce medical errors.
