By Marianna Wharry | March 13, 2023
A Maryland attorney's misrepresentations to a circuit court and "obstructive" behavior in a divorce and custody proceeding have resulted in his indefinite suspension by a divided Maryland Supreme Court.
The Legal Intelligencer | Commentary
By James W. Cushing | March 13, 2023
It appears that in making its ruling, the trial court simply did not adequately review all of the applicable facts and issues present in a matter involving two competing and conflicting petitions to adopt.
By Robert Z. Dobrish | March 10, 2023
Children's capacity to engage in custody matters is expanding. We're not quite there yet, but this article looks at this expanding role of children in their own matter and asks "How far away are we from the day when a child might have the right to employ counsel and initiate a custody proceeding?"
By Brian Lee | March 9, 2023
The caseloads of attorneys for children, ranging up to 150 child clients, can be triple those of government and parent attorneys.
By Colleen Murphy | March 9, 2023
"The law in New Jersey is crystal clear: No one can be denied the fundamental right to marry based on their gender identity," DCR Director Sundeep Iyer said. "Municipalities have an obligation to ensure that they are not excluding LGBTQIA+ individuals from applying for marriage licenses. Today's enforcement actions underscore our ongoing commitment to ensuring that marriage equality remains a reality for our state's LGBTQIA+ residents."
New York Law Journal | Analysis
By Alton L. Abramowitz | March 9, 2023
On Aug. 31, 2022, U.S. District Court Judge Ann M. Donnelly of the Eastern District of New York issued her decision and order, which provides lawyers with the opportunity to review the end result of the case's protracted proceedings, something that is not always available in those state courts where lower court decisions are not regularly reported and published.
New York Law Journal | Analysis
By Elisa Reiter and Daniel Pollack | March 7, 2023
Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence victims/survivors and children involved with Child Protective Services?
By Allison Dunn | March 3, 2023
"When a party objects to a magistrate's judgment on the ground that the judgment contains insufficient factfinding, the party should file an objection pursuant to Rule 118(a) and specifically assert that there are insufficient findings to support the magistrate's judgment. The reviewing court can then adopt the judgment, 'set the matter for further hearing before a judge or magistrate[,] or recommit the matter to the magistrate with instructions.' M.R. Civ. P. 118(a)(2)," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.
New Jersey Law Journal | Commentary
By Eliana Baer and Matheu D. Nunn | March 3, 2023
Tensions between First Amendment considerations and enforceability by civil courts of agreements to discourage religious barriers to remarriage are oftentimes invoked in the context of a "get."
New York Law Journal | Letter to the Editor
By Robert Z. Dobrish, Lee Rosenberg, Adam John Wolff and Eric I. Wrubel | March 2, 2023
Editor's note: This letter was submitted in response to Fink & Katz partner Phillp Katz's column "Praemonitus Praemunitus: The Importance of the…
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