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FEATURED
Foster Parents Ruled Immune From Suits Brought by Children
Justice Lott
In a case of first impression for a New York state appeals court, a Brooklyn panel has ruled that foster parents, like biological parents, cannot be sued by their children for negligent supervision. The Appellate Division, Second Department, relied on a 1974 Court of Appeals decision, which held that children do not have a right to assert negligent supervision against their biological parents, as the possibilities for such claims would be "virtually limitless" considering that "few injuries to children could not have been avoided by closer parental supervision."
DECISION OF THE DAY
In Re Grand Jury Subpoena Issued June 18, 2009*
U.S. COURT OF APPEALS, SECOND CIRCUIT
Criminal Practice
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FEATURED COLUMNISTS
Professional Liability
Tuesday, February 9, 2010
Norman B. Arnoff, a New York City practitioner, and Sue C. Jacobs, a member of Goodman & Jacobs, write: Dilatory tactics frequently subject us, as lawyers, to sanctions and oftentimes legal malpractice claims from the former client. There is more often than not a fine line between ordinary error, negligence, and willful delay that subjects the lawyer to sanctions.
Ethics and Criminal Practice
Tuesday, February 9, 2010
Joel Cohen, a member of Stroock & Stroock & Lavan and an adjunct professor at Fordham Law School, and Katherine A. Helm, a law clerk for a U.S. Court of Appeals judge in Washington, D.C., write that improper ex parte communications are not as uncommon as they may seem, although we only typically find publicized controversy about them in big cases, and remedies are sparse.
Free: A Political Frankenstein's Monster
Tuesday, February 9, 2010
Rory Lancman, representative for the 25th Assembly district in Queens and appellate counsel to Morelli Ratner, writes: Years from now, when the fiction of campaigning for public office is dispensed with and political seats are simply bought, sold and traded on exchanges resembling the stock market, we might ask ourselves how our political process came to look like a corporate version of one of those stories where humans lose control over the ever-sophisticated robots they have built and which end up taking over the earth.
More Featured Columnists...SPONSOR SPOTLIGHT
TECHNOLOGY TODAY
Online Defamation and Anonymous Defendants
Tuesday, February 9, 2010
Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, review some of the emerging standards courts employ before allowing a plaintiff to discover the identity of anonymous defendants in online defamation cases, as well as discuss other practical concerns that should be addressed before seeking legal redress.
- Retainer's Offer to Arbitrate Fees Canceled by Amount in Dispute
- State Seeks Dismissal of Claim Over Judge's Forced Retirement
- Law Department Official Named to New Juvenile Justice Position
- News In Brief
- Plaintiff's Request to Videotape Independent Medical Exam Is Denied
- American Bar Association: Recession Is Undermining Diversity Initiatives
- Correction
SPONSOR SPOTLIGHT
OUTSIDE COUNSEL
Buffer Zones on Abortion Protesting: Where Do We Draw the Line?
Tuesday, February 9, 2010
David Scott Gould, a partner at Russo, Keane & Toner, writes: Since Roe v. Wade was decided in 1973, state and federal courts have struggled to minimize violence and intimidation surrounding a woman's right to an abortion while protecting the First Amendment rights of protesters. This has led to the establishment and approval of free speech buffer zones. While unresolved conflict will undoubtedly remain, decisions on these buffer zones have begun to shed some light on a very murky area.
More Outside Counsel columns...
REAL ESTATE TRENDS
Free With Registration: Appellate Courts Stress Finality of Stipulations
Wednesday, February 3, 2010
Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, review a recent First Department decision that demonstrates that the court will not tolerate a tenant's essential disregard of a stipulated rent payment schedule and of subsequently accruing rent obligations, and that extremely delayed payment, even if attorney's fees are imposed, is justice denied and inconsistent with the finality that should be accorded to stipulations.
More from Real Estate Trends...CORPORATE UPDATE
Free With Registration: Rulings Raise Questions on Lenders' Right to Credit Bid
Thursday, February 4, 2010
Alan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, write that despite the uncertainties imposed by the rulings in In re Philadelphia Newspapers, LLC and In re Pacific Lumber Co., which held that the Bankruptcy Code does not require credit bidding any time a sale of assets occurs under a plan, each provides guidance as to how to avoid the risk meant to be protected by credit bidding - forced sale of collateral for less than its full value.
More from the Corporate Update...SPECIAL REPORTS AND MAGAZINES
White-Collar Crime
Monday, February 8, 2010
In this Special Section from the New York Law Journal: "Wiretaps for Dummies," "The Tax Man Cometh" and "Snaring 'Control Person' Executives in FCPA Liability."
Also, in the highlighted article from this section,
Free With Registration: Corporate Strategy When Legal Problems Go Transnational
Peter Goldsmith, Michael B. Mukasey and Mary Jo White, partners at Debevoise & Plimpton, discuss the increasingly assertive international white-collar enforcement and cooperation among the world's regulators, which can include real-time information sharing, coordinated raids and searches, assistance in tracing movements of funds across borders, and efforts to coordinate resolutions of their investigations. What does this era of cooperation mean for companies?
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