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Features
Highlights of the latest product liability cases from around the country.
Features
On January 24, 2002, the New York state courts adopted a rule that provides a procedure for the statewide coordination of mass tort cases that is similar to the Multidistrict Litigation System (MDL) in the federal courts. Uniform Rules for the New York State Trial Courts ' 202.69. With the implementation of Rule 202.69, New York is the third state, following California and Pennsylvania, to institute formal statewide coordination of mass tort cases that share common questions of law or fact (New York had previously followed an ad hoc coordination system). <i>See</i> Daniel Wise, 'New York Courts Adopt Federal Mass Torts Plan,' 2/22/2002 NYLJ 1 (col.5); Ca. Civ. Proc. '' 404.1, <i>et seq.</i>; Ca. St. Trial Ct. Rules 1501, <i>et seq.</i>; Pa. R. Civ. P. '' 213.1, 1041.1, 1041.2.
Features
There is no question that under New York law, having a jailed spouse is grounds for divorce, but one appeals court is divided on how much time a free spouse has to act on that option.
With the specter of deflation (falling prices) haunting the U.S. economy, the consequences and problems of the inflationary eras of the 1970s and 1980s may be as far from the minds of matrimonial practitioners as it is from the thoughts of central bankers. Nevertheless, if you have matrimonial clients from long-term marriages, an awareness and understanding of the meaning of inflation may help you obtain a more equitable distribution of marital property for those who brought separate property into the marriage.
Features
Custodial accounts established for the parties' children during the marriage can constitute significant assets. But whose money is it, and how can it be used? Some parents view the custodial accounts as a convenient way to make up a shortfall in the income available to meet support payments and property settlement obligations. Because the unilateral expenditure of children's funds is almost guaranteed to generate a new series of disputes between the parties, it can be helpful for the lawyer to discuss the children's money with the client, emphasizing what can - and cannot - be done with it.
Features
<b><i>Attacking the Entity to Get Your Client a Fair Settlement</i></b> Family limited partnerships and limited liability companies (collectively, FLPs) are ubiquitous in estate and asset protection planning. The odds are that you will encounter one or more FLPs in discovery with increasing frequency. The question is, what do they mean to the divorce negotiations and settlement, and how can you be certain that your client gets a fair deal?
You may find it difficult to get feedback from partners or administrators about your performance. Setting up a performance appraisal system in your own department will make your job easier.
This month's questions:<p>What do you do when, despite having a good relationship with a client, you struggle to reach agreement on such things as rate increases, staffing, etc. <p>In the interest of cross-selling, I often have a colleague or two accompany me on initial sales calls. How do you manage or choreograph interaction among three to four people? <p>At some point in any sale, buyers usually request references. What's the best way to handle this?
Ask business managers and in-house corporate lawyers the thing that drives them crazy about lawyers, and one of the most common responses is the time they spend waiting for a call back.
