Psychological Disorders: Understanding the Criteria for Admissibility of Expert Opinion
November 01, 2003
Psychologists, psychiatrists, and licensed social workers routinely testify as experts in both criminal and civil cases in which the mental condition of an individual is at issue. While the credentials and qualifications of such experts may not always be subject to challenge, the reliability and relevance of their proffered testimony should be examined closely. Regardless of the conclusion generated, the inquiry into a mental health professional's opinion must be one that looks to the principles and methods used, not the ultimate conclusion reached. <i>Daubert v. Merrill Dow Pharmaceuticals, Inc.,</i> 509 U.S. 579, 595 (1993).
EPA Documents Are Available Online
November 01, 2003
If you are involved in litigation concerning a substance regulated by the Environmental Protection Agency (EPA), the agency has a Web site where you can review dockets and documents: <i>http://cascade.epa.gov/RightSite/dk_public_home.htm.</i> EPA Dockets (EDOCKET) is an online public docket and comment system designed to expand access to documents in the EPA's major dockets. Dockets contain Federal Register notices, support documents, and public comments for regulations the Agency publishes and various nonregulatory activities.
Dueling Provisions: Creditor Prevails in Showdown Between Bankruptcy Code Sections
November 01, 2003
A Missouri bankruptcy court has permitted a creditor to take possession of spare aircraft parts and equipment from a debtor despite the fact that the creditor failed to perfect its security interest in the equipment. In an issue of first impression in the Sixth Circuit, the court held that under the plain language of Section 1110 of the Bankruptcy Code, a creditor, as a conditional vendor, had a right to take possession of the collateral pursuant to its agreement with the debtor, and that this right was not limited or otherwise affected by any other section of the Code (including Section 544) or by any power of the court. <i>Vanguard Airlines, Inc. v. International Aero Components, Inc.,</i> 295 B.R. 908 (Bkrtcy.W.D.Mo.,2003).
Uniform Fraudulent Transfer Act Claims in Florida Need Not Be Stayed Until Judgment
November 01, 2003
In a Sept. 25, 2003, opinion, the Florida Supreme Court held that a claim under the Florida Uniform Fraudulent Transfer Act (FUFTA) does not need to be stayed until a judgment is obtained against the alleged fraudulent transferor. <i>Friedman v. Heart Institute of Port St. Lucie, Inc.,</i> 2003 WL 22208004 (Fla. 2003).
Consumer Vehicle Leasing Survey Details Cost of Vicarious Liability
November 01, 2003
The Association of Consumer Vehicle Lessors (ACVL) of Nashville, TN has released its "New York Vicarious Liability Survey," which casts an ominous cloud over the future of consumer vehicle leasing in New York State. The survey, conducted in September 2003, details the magnitude and effects of vicarious liability suits against ACVL member companies in New York from Jan. 1, 2000 to June 30, 2003. The results evidence the enormity of the vicarious liability claims filed against New York consumer vehicle lessors and explain why some ACVL member lessors have suspended their leasing programs in New York altogether while others have imposed special fees for leases written in New York.
FASB Issues Additional Guidance on FIN 46
November 01, 2003
On July 23, 2003, the Financial Accounting Standards Board (FASB) approved the issuance of five FASB Staff Positions (FSPs) providing guidance on the application of FASB Interpretation No. 46, Consolidation of Variable Interest Entities. (An FSP is the means by which the FASB staff communicates its views on the proper application of FASB literature when it believes there is only one acceptable interpretation. Prior to February 2003, FASB staff guidance was communicated through Staff Implementation Guides or announcements at meetings of the FASB's Emerging Issues Task Force.)
In The Marketplace
November 01, 2003
Highlights of the latest equipment leasing cases from across the country.
State Proceedings and Confidentiality Agreements with the Federal Government
November 01, 2003
When management or the Board of Directors suspects possible misconduct within the company, they cannot respond with sound business judgment unless they have good information about what happened. In serious cases, they probably need outside counsel to investigate, report, and recommend remedies. The government has long encouraged companies to disclose the results of these internal investigations by offering the hope of leniency in charging or sentencing. On Sept. 22, 2003, the Attorney General added a "stick" to this "carrot" approach when he announced the Justice Department's new policy of charging the most serious criminal offenses that are readily provable, with a limited exception in cases where a defendant provided substantial assistance.
