In the Courts
May 07, 2004
Important rulings of interest to you and your practice.
Fact-Finding Ordered on Garson Cases
May 07, 2004
Three divorce litigants whose cases were before indicted Brooklyn Justice Gerald P. Garson have produced enough information to justify fact-finding hearings to determine if their divorce decrees should be altered, Supreme Court Justice Jacqueline W. Silbermann ruled in a series of decisions made public March 17.
GAO: New York At Fault
May 07, 2004
A U.S. General Accounting Office (GAO) study released April 20 has found that a majority of states meet just half or fewer of the 14 measures used by the federal government to determine the well-being of children in the child welfare system. No state passed all of the factors ...
Exceptions to <i>McSparron</i>
May 07, 2004
What happens when a divorcing party with a professional license fails to use it, rendering its value nonexistent? Is the spouse out of luck when it comes to equitable distribution of that license's value? Part One of a Two-Part article.
Deadbeat Dads Given New Life in New York
May 07, 2004
Many parents abandon their children, leaving them to be raised by the other parent or a third party, refusing to have meaningful contact with them or even to provide financial support. The remaining parent or caregiver may make attempts to bring the uninterested parent back into the child's life, or to force him or her to pay child support, but these efforts are often unsuccessful. So, what's to be done? The caregiver may be forced to give up and raise the child alone, perhaps gaining some comfort in knowing that the recalcitrant parent at least will not interfere in the child's life. But, is this necessarily the end of the story? As evidenced by a case holding last month, delivered by the Appellate Division, Third Department in a Workers' Compensation case, in New York at least, the missing parent can still cause trouble, even years after the child has reached majority.
Same-Sex Conundrum Continues
May 07, 2004
Thirteen gay and lesbian couples brought suit in the state Supreme Court in Albany on April 7, alleging their state constitutional rights to equal protection, privacy and due process were violated when they were recently denied marriage licenses. The couples were joined in their suit by the American Civil Liberties Union and the New York Civil Liberties Union. One of the complainants is Assemblyman Daniel O'Donnell, brother of television and movie personality Rosie O'Donnell, who was, herself, recently married to her lesbian partner in California.
How to Mediate and Win
May 05, 2004
Mediation is not litigation. Many lawyers, though, approach mediation with courtroom techniques that may not advance their clients' interests. Today, when court-sponsored mediation is increasingly common, and especially where the parties are paying for the services of a professional mediator, you owe it to your clients to get the most out of the process. This article focuses on the mediation of employment disputes and identifies some of the most familiar pitfalls for lawyers. Avoid them, and your clients will come out of mediation with better results.
