September 03, 2015 | New York Law Journal
Maintenance Law Changes to DRL §248: Fluffing the DodoIn 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 DodoIn 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 LitigationIn 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 LitigationIn 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-ExaminationIn 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-ExaminationIn 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 CourtIn 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 CourtIn 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
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