Litigation
September 29, 2010
Recent rulings of interest.
Forensic Custody Reports
September 29, 2010
Cross-examination is a fundamental right and a key component of due process. Implicit in the right to cross-examine is the opportunity to do so effectively. Unfortunately, idiosyncratic practices by some judges with respect to disclosure of custody evaluation reports and the records underlying them often thwart the exercise of this most important right. Despite the official call for reform by the Matrimonial Commission, archaic limitations on access reminiscent of Star Chamber protocols continue to obstruct the disclosure essential to effective cross-examination.
Video and Audio Recording in Domestic Cases
September 29, 2010
Is there a legal difference between an audio and video recording of someone, compared with a video recording of someone? Moreover, if the recording is not sent electronically, but stored at the location of the recorded individual, is it still a violation of the wiretapping statute?
Underground Maintenance Formulas in New York
August 25, 2010
Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all.
Wolf Block Moves for Stay of Legal Malpractice Suit
August 25, 2010
Wolf Block and a number of former partners are seeking a stay of a legal malpractice lawsuit brought against them by car dealership owner Alan Potamkin over the firm's drafting of a prenuptial agreement.
Divorce and the 'Special-Needs' Child
August 25, 2010
This article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.
Ninth Circuit's Stay Order Underlines Standing Question in Gay Marriage Case
August 19, 2010
Even as the Ninth U.S. Circuit Court of Appeals pressed the brakes on Aug. 16 for gay couples hoping to wed this week in California, the court set an accelerated pace for hearing the case. And in what could be an ominous sign for Proposition 8 proponents, the judges ordered them to "include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing."
<b>BREAKING NEWS:</b> Prop 8 Overturned
August 04, 2010
A federal judge in California has struck down the state's ban on same-sex marriage, known as Proposition 8, as unconstitutional. If any observers thought Judge Vaughn Walker would have a difficult time striking down Proposition 8 as unconstitutional, they were mistaken.
<b>ONLINE EXCLUSIVE:</b> Prop 8 Overturned
August 04, 2010
A federal judge in California has struck down the state's ban on same-sex marriage as unconstitutional. If any observers thought Judge Vaughn Walker would have a difficult time striking down Proposition 8 as unconstitutional, they were mistaken.
