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Elisa Reiter

Elisa Reiter

April 25, 2024 | Daily Business Review

Kinship Rule Is Found to Be an Invalid Exercise of Delegated Legislative Authority

At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"

By Elisa Reiter and Daniel Pollack

9 minute read

April 25, 2024 | New York Law Journal

Stepchildren as Eyewitnesses of Domestic Abuse

According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?

By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel

9 minute read

April 09, 2024 | The Recorder

Exploring the Contours of Expert Testimony Regarding Child Sexual Abuse Accommodation Syndrome

"The presentation of expert mental health information to the court is essential, but such evidence ... is likely to draw objections," according to Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel.

By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel

9 minute read

April 03, 2024 | Texas Lawyer

Publicly Criticizing Custody Professionals: Where Is the Line Between Activism and Defamation?

"Striking a balance between raising awareness about legitimate concerns and avoiding defamatory statements is essential," write columnists Elisa Reiter and Daniel Pollack, along with psychologist Jeffrey C. Siegel.

By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel

15 minute read

March 25, 2024 | Texas Lawyer

Reimbursement Claims in Divorce Cases for Capital Contributions to Business Entities

"There is no specific reference in the Tx. Fam. Code Section 3.402(c) to assure reimbursement for capital contributions to a business entity owned by one estate and paid for by another estate," according to columnists Elisa Reiter and Daniel Pollack.

By Elisa Reiter and Daniel Pollack

11 minute read

February 23, 2024 | Texas Lawyer

Should Courts Umpire Third Party Custody Disputes?

"Should a third party or grandparent seek conservatorship over the objection of the children's parents, such a litigant must present facts in a verified affidavit, persuasively indicating that the child's parent is unfit," write columnists Elisa Reiter and Daniel Pollack.

By Elisa Reiter and Daniel Pollack

9 minute read

February 06, 2024 | Texas Lawyer

Proving Noneconomic Damages Post-'Gregory v. Chohan'

"Damages must be proven to be 'genuinely compensatory' based on a 'rational connection' developed by a plaintiff to show a rational basis and connection between the 'injuries suffered and the amount awarded,'" say attorneys Elisa Reiter and Daniel Pollack.

By Elisa Reiter and Daniel Pollack

7 minute read

January 30, 2024 | Texas Lawyer

Is a Death Sentence Recommendation From a Non-Unanimous Jury Constitutional?

"Although the U.S. Supreme Court has addressed numerous facets regarding the circumstances under which the death penalty can and cannot be imposed, it has not yet directly addressed the question of jury unanimity being a requirement," say attorneys Elisa Reiter and Daniel Pollack.

By Elisa Reiter and Daniel Pollack

7 minute read

January 19, 2024 | The Recorder

Do Attorneys Really Listen?

For loquacious lawyers jaded by years of practice, particularly those who have had the discipline to specialize, how can we revamp, refocus and learn to listen more?

By Elisa Reiter and Daniel Pollack

6 minute read

January 09, 2024 | Daily Business Review

High Anxiety in Custody Cases? Let's Talk

Throughout the year, judges often find themselves besieged by pleadings raising allegations of abuse as litigants seek to undermine each other's access to their children in the hopes that any emergency relief granted will color access going forward. What can attorneys do to maintain healthy family relationships even in times of stress?

By Elisa Reiter and Daniel Pollack

5 minute read