New York Law Journal | Analysis
By Peter E. Bronstein | October 11, 2019
This article analyzes the decision in 'Cotton v. Roedelbronn', in which the First Department unanimously affirmed a distributive award to the wife of 10 percent of the largest marital asset: a business interest that was actively managed by the husband. The case underscores the role of contribution in the equitable distribution of business assets and establishes a new factor for courts to weigh, namely the participation of the non-titled spouse in a "restrained lifestyle."
By Suzette Parmley | October 8, 2019
"The factors in 'Baures v. Lewis' ... no longer apply when a court is addressing an intra-state relocation," the Appellate Division said, citing 'Bisbing v. Bisbing.'
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | October 6, 2019
The Appellate Division's decision in Landau, which acknowledges both the difficulties of the moving party and the privacy rights of the non-moving party, balances important concerns.
By Jason Grant | October 4, 2019
"A nonparent relative takes no precedence for custody over the adoptive parents selected by an authorized agency," wrote an Appellate Division, Second Department panel, quoting "Matter of Ella J. v. Iva J.," in its unanimous opinion.
By Maya Shulman | October 4, 2019
The U.S. Supreme Court will soon hear Monasky v. Taglieri, which underscores the complications inherent in determining habitual residence for a baby too young to have acclimatized to a particular country when one parent alleges the baby was wrongfully removed.
By Angela Morris | October 4, 2019
The Texas Supreme Court rejected an appeal in which Beaumont attorney John S. Morgan argued to overturn $65,000 in costs, attorney fees and sanctions that family litigator Sheryl Johnson-Todd won against him. Earlier this week, Morgan also lost an appeal seeking to overturn nearly $30,000 in sanctions that an ex-judge won against Morgan for filing frivolous litigation.
New Jersey Law Journal | Analysis
By Jonathan N. Frodella | October 4, 2019
Although records relating to domestic violence are not exempt from disclosure under OPRA per se, they still present heightened confidentiality concerns and must be analyzed and redacted carefully.
The Legal Intelligencer | Commentary
By James W. Cushing | September 30, 2019
Over the last several years it has been increasingly common for the captions of child custody cases when taken on appeal to be referred to by the initials of the parties, as opposed to using their full names.
By P.J. D'Annunzio | September 25, 2019
In a case brought by the spouse of a deceased plaintiff with loss of consortium claims, the Pennsylvania Superior Court has ruled that divorce records are discoverable.
By Zach Schlein | September 24, 2019
Florida's Third District Court of Appeal ruled Omer Becker's petition to disqualify Miami-Dade Circuit Judge Marcia Del Rey from presiding over his divorce proceedings was legally sufficient. Andrew M. Leinoff, the attorney representing Becker's ex-wife, had been retained by Del Rey in her own divorce.
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