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John Gaal's Ethics Corner Image

John Gaal's Ethics Corner

ALM Staff & Law Journal Newsletters

Your ethics questions answered by the expert.

Jury Awards $5.2 Million in Disability Case Image

Jury Awards $5.2 Million in Disability Case

ALM Staff & Law Journal Newsletters

A jury awarded $5.2 million to a plaintiff whose former employer, a modeling agency, failed to accommodate her asthma, subjected her to a hostile work environment, and terminated her in retaliation for making complaints about smoking in the workplace. <i>Gallegos v. Elite Model Mgmt. Corp.</i>, No. 120577/00 (N.Y. Co. Sup. Ct. 5/14/03)

Features

Direct Evidence Not Required in Mixed Motive Case Image

Direct Evidence Not Required in Mixed Motive Case

Merrick T. Rossein

Last month, the Supreme Court was asked to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction under Title VII, as amended by the Civil Rights Act of 1991. <i>Desert Palace, Inc. v. Costa</i>, 2003 WL 21310219 (U.S. June 9, 2003) The Court unanimously held that direct evidence is not required.

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Cases of importance to your practice.

The JGTRRA of 2003: Financial Implications for Divorce Image

The JGTRRA of 2003: Financial Implications for Divorce

Jerry L. Style & Carl M. Palatnik

On May 23, 2003, the U.S. Congress approved the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA) and, within a week, President Bush signed the act into law. JGTRRA reduces tax rates across the board, increases the Child Tax Credit from $600 to $1000, and eases the marriage tax penalty. It also reduces the tax on dividends and capital gains and increases write-offs on capital assets for businesses. Marriage-penalty relief directly affects married taxpayers, but what effect will the new law have on people going through divorce?

Features

Legislature Overrides Pataki's Veto Image

Legislature Overrides Pataki's Veto

ALM Staff & Law Journal Newsletters

Now that the New York State Legislature has overridden Governor Pataki's veto of the bill increasing compensation rates for court-appointed attorneys under Article 18-b of the County Law, a long-fought battle to drag state-funded attorney fees up to 21st-century levels may have come to a close. The increase will affect attorneys working on behalf of indigent criminal defendants, children in custody matters, and victims of domestic abuse.

Dissolving a Same-Sex Marriage Image

Dissolving a Same-Sex Marriage

Janice G. Inman

American gay couples have a new place to get married. In a landmark ruling last month in Ontario, Canada, the Court of Appeal held that it was unconstitutional to prohibit homosexuals from entering into same-sex marriages, thus opening the way for the first full-fledged same-sex marriage right anywhere outside of Europe. (The Netherlands has permitted same-sex marriage since December 2000, but only to Dutch parties. Belgium has allowed such marriages since January of this year.) The ruling has sent some gay American couples over the border to get marriage licenses and legalize their unions.

Features

IN THE MARKETPLACE Image

IN THE MARKETPLACE

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

American Indians and Lease Transactions Image

American Indians and Lease Transactions

Robert S. Bernstein & Kirk B. Burkley

There are more than 500 nationally recognized Indian tribes in the United States, and as a general rule, state civil laws do not apply to transactions in which they are involved (whether on reservations or not).

Post-Petition Rent Obligations: Use and Occupancy v. Due Date Image

Post-Petition Rent Obligations: Use and Occupancy v. Due Date

Leslie A. Berkoff & Sandra M. Ishaq

Confused about when a real property landlord or equipment lessor can commence charging post-petition rental payments? Does a debtor's obligation under Section 365(d)(3) of the Bankruptcy Code, (hereinafter, the 'Code') to timely perform all obligations arising after the order for relief (or under Section 365(d)(10), 60 days after the order of relief), mean those obligations that 'arise' by virtue of actual post-petition use of the property as opposed to obligations that arise by virtue of the 'due date' of the rental payment by contract or invoice?

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