Med Mal News
September 01, 2003
The latest news of interest to your practice.
A Word to the Wise
September 01, 2003
Plaintiff seeks to admit testimony relating to a similar claim of sex discrimination raised by a co-worker. She also notes that in a department of 20, there are only five women. Is the co-worker's testimony admissible? Is testimony relating to the office's demographics probative?
Be Wary of Rule 54(d)'s Costs Provision
September 01, 2003
<b><i>Costs Are Awardable, and Are Being Awarded, Against Plaintiffs</i></b> Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. This may not be the case.
Protection under Participation Clause Extended to Alleged Harrassers
September 01, 2003
Alleged harassers may not be retaliated against for participating in the investigation of harassment against them, according to the Second Circuit in a ruling of first impression. <i>Deravin v. Kerik</i>, 335 F.3d 195 (2d Cir. 2003). In doing so, the court held that "defending oneself against charges of discrimination - to the extent that such defense involves actual participation in a Title VII proceeding or investigation - is 'protected activity' within the scope" of the participation clause of Title VII.
The Marital Residence: A Complex Financial Asset
September 01, 2003
In the article "Thinking About Settlements: Should Retirement Plans Be Discounted for Taxes?" published in the June issue of <i>New York Family Law Monthly</i>, I explained that retirement plans are complex assets, comprised of both tax-deferred (asset) and taxable (liability) components. Because of this complexity, I explained that the true value of these assets is context-dependent and closely tied to the financial situation of the ultimate owner. Attempting to divide these assets equitably in the one-dimensional environment of the yellow legal pad is not without peril.
Should Forensic Psychologists Make Custody Recommendations?
September 01, 2003
<b><i>Part Two of a Two-Part Article</i></b>In last month's article, we explained that divorce psychology remains in its infancy, and that, given the extreme complexity of the psychological issues at hand in custody matters, it is no surprise that our discipline in this area is evolving. However, that does not mean there are not real problems at hand. This month's article continues the discussion about the debate currently surrounding certain developmental theories that are often the central underpinnings of custody recommendations.
Valuation of Marital Property: A New Twist
September 01, 2003
<b><i>'Overreaching' Added to Case Law</i></b> Justice Anthony J. Falanga of the Supreme Court, Nassau County has added another twist to the case law fixing dates for the valuation of marital property when a previous action for divorce is abandoned.
