Features
Forcing Adverse Party to Sign Waiver of Ethics Grievance Draws Reprimand
A lawyer's attempt to shield himself from discipline via a release in a divorce agreement was not only void ' it was itself an ethics violation, the New Jersey Supreme Court ruled.
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Emancipation and Child Support Obligations in PA
Issues relating to one's child or children, whether in an intact family or not, can often present difficult challenges. Typically, the challenges faced by separated parents have the potential to get significantly more complicated than those faced by intact families.
Features
When Custody Evaluators Lose Focus
None of those who have written on the subject of performing parenting evaluations has asserted that the task is an easy one. There has, however, been broad agreement among writers in the mental health fields, and reasonable clarity in law, concerning the objective that evaluators should endeavor to meet.
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Initiating Medical Malpractice Cases In Federal Court
Under the provisions of the FTCA, an action may not be instituted upon a claim against the United States for money damages caused by the negligent act of any federal employee acting within the scope of his employment, unless the claimant first presents the claim to the appropriate federal agency and the claim is finally denied by the agency in writing and sent by certified or registered mail. If the agency fails to make a final disposition of the claim within six months after it is filed, the claimant may deem the claim denied.
Features
Vaccine Claims: Equitable Tolling May Sometimes Now Apply
Last month, we discussed the fact that the limitations period for the filing of claims under the "Vaccine Act" has kept many from recovering for vaccine-related injuries. The discussion continues herein.
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Decisions of Interest
Recent rulings of importance to your practice.
Features
Examination Order Violated Abuse Victim's Rights, Panel Says
A Family Court order that a teenage sexual abuse victim undergo a highly intrusive "forensic medical examination" violated her Fourth Amendment rights, a Brooklyn appellate court has ruled.
Features
What Is Left of <i>Caveat Emptor</i>?
New York courts continue to hold that <i>caveat emptor</i> ' let the buyer beware ' represents the general rule applicable to real property transactions. Two recent appellate cases, however, illustrate continuing uncertainty about the remaining scope of the <i>caveat emptor</i> doctrine, while Real Property Law sections 462 and 465 limit the doctrine's significance in many residential transactions.
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