Resolving Mass Torts with Bankruptcy Funds
September 01, 2004
The ongoing effort to resolve globally the problem of overwhelming mass-tort liability continues this year through legislation. A Senate bill to create a trust administered by the Department of Labor, funded by industry and insurance contributions, was voted down in April. Whether this proposed resolution ultimately fares better than those preceding it remains to be seen. In the meantime, however, the Rand Institute for Civil Justice reports that by the end of 2002, at least 56 companies had turned to bankruptcy to find the resolution and finality they needed to get back to their business. Others will undoubtedly follow before any global solution is ultimately reached.
County Planning Board Review and General Municipal Law Section 239-m
September 01, 2004
The right to adopt controls on the use of land in New York, although derived from the state's power, has largely devolved to local municipal governments through New York's Town Law and Village Law, and similar legislation for cities. There are areas, however, where the state still exercises control, frequently as general oversight in perceived problem areas -- coastal erosion and flood zones for example. The state also exercised its power, beginning in 1960, to allow for the creation of county-wide planning boards, to allow for the input of regional and county-wide considerations in local land use decisions.
Index
September 01, 2004
A guide to everything inside this issue, case by case.
Development
September 01, 2004
The latest cases in the Development arena.
When Grandparents Take On the Parental Role
September 01, 2004
Although statistics tell us the rates of teenage pregnancy in the United States are going down, the number of underage parents is still high as compared with generations past. More than a few parents will find themselves having to deal with the news that their teenager will soon make them a grandparent. Some may choose to help raise that grandchild by obtaining legal custody over it. Over time, because they may be doing the bulk of (or all of) the child rearing and are probably providing the grandchild with much of its financial support, such grandparents may come to think of their grandchild as one of their own. Any interruption of that relationship could prove traumatic, both for the grandparent and for the grandchild. Many grandparents who gain custody of a grandchild -- usually with the consent of one or both of the child's parents -- believe they have acquired rights over the child that they'll retain unless they voluntarily give him/her up. This is not the case, and grandparents (or aunts, uncles, etc.) in such custodial situations must be made aware of the limited rights they acquire when they obtain mere legal custody over a child, as opposed to adopting it.
Exclusive Occupancy
September 01, 2004
Historically, the concept of "exclusive occupancy" during the course of a matrimonial proceeding has been based on the claims of one spouse that the other is physically violent or otherwise poses a great risk to the spouse seeking possession of the marital residence. While the children are often named as possible or actual victims as well, the concept of the children's best interests has not been associated with an order of <i>pendente lite</i> exclusive occupancy.
