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Timothy M Tippins

Timothy M Tippins

September 03, 2015 | New York Law Journal

Maintenance Law Changes to DRL §248: Fluffing the Dodo

In his Matrimonial Practice column, Timothy M. Tippins writes that a provision allowing the court discretion to modify support where a recipient-wife cohabits with another man in a non-marital relationship and holds herself out as married to the cohabiter has been so narrowly construed that such modifications are virtually never granted. A new decision presents an innovative interpretation designed to restore meaning to the statute.

By Timothy M. Tippins

11 minute read

September 02, 2015 | New York Law Journal

Maintenance Law Changes to DRL §248: Fluffing the Dodo

In his Matrimonial Practice column, Timothy M. Tippins writes that a provision allowing the court discretion to modify support where a recipient-wife cohabits with another man in a non-marital relationship and holds herself out as married to the cohabiter has been so narrowly construed that such modifications are virtually never granted. A new decision presents an innovative interpretation designed to restore meaning to the statute.

By Timothy M. Tippins

11 minute read

July 02, 2015 | New York Law Journal

Peer-Review Experts in Custody Litigation

In his Matrimonial Practice column, Timothy M. Tippins discusses peer-review experts, whose purpose is to educate the court with respect to methodological deficiencies that threaten the reliability of a custody evaluation, and the parameters that circumscribe that role.

By Timothy M. Tippins

11 minute read

July 01, 2015 | New York Law Journal

Peer-Review Experts in Custody Litigation

In his Matrimonial Practice column, Timothy M. Tippins discusses peer-review experts, whose purpose is to educate the court with respect to methodological deficiencies that threaten the reliability of a custody evaluation, and the parameters that circumscribe that role.

By Timothy M. Tippins

11 minute read

May 07, 2015 | New York Law Journal

Using 'Daubert' on Cross-Examination

In his Matrimonial Practice column, Timothy M. Tippins writes: When one tells lawyers from other jurisdictions that New York has yet to adopt the Daubert approach to determining the admissibility of expert evidence, one is met with raised eyebrows, dropping jaws and the occasional acerbic inquiry of whether travel to New York requires a map or a time machine. Yet the enlightenment of Daubert's reliability analysis is beginning to pierce the fog of Luddism that has for so long enveloped the landscape of New York jurisprudence.

By Timothy M. Tippins

12 minute read

May 06, 2015 | New York Law Journal

Using 'Daubert' on Cross-Examination

In his Matrimonial Practice column, Timothy M. Tippins writes: When one tells lawyers from other jurisdictions that New York has yet to adopt the Daubert approach to determining the admissibility of expert evidence, one is met with raised eyebrows, dropping jaws and the occasional acerbic inquiry of whether travel to New York requires a map or a time machine. Yet the enlightenment of Daubert's reliability analysis is beginning to pierce the fog of Luddism that has for so long enveloped the landscape of New York jurisprudence.

By Timothy M. Tippins

12 minute read

March 05, 2015 | New York Law Journal

The Benighted Expert: Professional Literature in Court

In his Matrimonial Practice column, Timothy M. Tippins examines the central position that professional literature occupies in the psychology expert's world and its crucial evidentiary role in providing the very basis underlying expert opinions.

By Timothy M. Tippins

12 minute read

March 04, 2015 | New York Law Journal

The Benighted Expert: Professional Literature in Court

In his Matrimonial Practice column, Timothy M. Tippins examines the central position that professional literature occupies in the psychology expert's world and its crucial evidentiary role in providing the very basis underlying expert opinions.

By Timothy M. Tippins

12 minute read

January 08, 2015 | New York Law Journal

Forensic Disclosure: Times Are Changing!

In his Matrimonial Practice column, Timothy M. Tippins writes that a new year begins with many old problems remaining unresolved in the custody arena. Of particular importance is the longstanding need for a uniform rule affording attorneys and their retained experts full access to the reports and files of court-appointed evaluators. Though 2014 saw no administrative or legislative breakthroughs, a hint of hope did appear on the judicial horizon by way of a scholarly decision by Justice Jeffrey Goodstein in 'J.F.D. v. J.D.'

By Timothy M. Tippins

12 minute read

January 07, 2015 | New York Law Journal

Forensic Disclosure: Times Are Changing!

In his Matrimonial Practice column, Timothy M. Tippins writes that a new year begins with many old problems remaining unresolved in the custody arena. Of particular importance is the longstanding need for a uniform rule affording attorneys and their retained experts full access to the reports and files of court-appointed evaluators. Though 2014 saw no administrative or legislative breakthroughs, a hint of hope did appear on the judicial horizon by way of a scholarly decision by Justice Jeffrey Goodstein in 'J.F.D. v. J.D.'

By Timothy M. Tippins

12 minute read